Don Davis Pontiac, Inc.

National Labor Relations Board - Board Decisions

Jul 12, 1979

243 N.L.R.B. 414 (N.L.R.B. 1979)

I)ECISIONS O' NA'TIONAI. LABOR REIAl(IONS BOARD
International Union, United Automobile, Aerospace
and Agricultural Implement Workers of America
(UAW) Amalgamated Local No. 55 and I)on Davis
Pontiac, Inc. Case 3 ('CP 258
July 12, 1979
SUPPLEMENTAL DECISION AND ORDER
By CHAIRMAN FANNIN( ANt) MEMBERS JIFNKINS
AND PENELI..O
On November 30, 1977, the Board issued a Deci-
sion and Order' in the above-entitled proceeding, dis-
missing a complaint alleging that Respondent, Inter-
national Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW)
Amalgamated Local No. 55, had violated Section
8(b)(7)(A) of the National Labor Relations Act, as
amended, by picketing the Tonawanda facility of the
Charging Party, Don Davis Pontiac, Inc., with an ob-
ject of forcing or requiring the Charging Party to rec-
ognize and bargain with Respondent when the
Charging Party was lawfully recognizing and bar-
gaining with Auto Mechanics Lodge 1053, Interna-
tional Association of Machinists, AFL CIO, herein
called IAM. Thereafter, the Charging Party filed a
petition for review and the Board filed a cross-appli-
cation for enforcement with the United States Court
of Appeals for the Second Circuit.
On March 9, 1979, the court issued its decision,2
denying enforcement of the Board's Order and find-
ing that Respondent violated Section 8(b)(7)(A) of
the Act. The court stated that the primary objective
of Respondent's picketing at the Tonawanda facility
after June 21, 1976, was recognitional and proscribed
by Section 8(b)(7)(A) since the Charging Party had
lawfully assumed the collective-bargaining agreement
with IAM. Accordingly, the court remanded the case
to the Board with instructions to enter an order con-
sistent with the court's opinion.
On May 29, 1979, the Board, through its Associate
Executive Secretary, notified the parties that the
Board had decided to accept the court's remand.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the decision of the Court
of Appeals for the Second Circuit and adopts, as the
law of the case, the court's finding that Respondent's
picketing was for a recognitional purpose. Therefore
we conclude that the 8(b)(7)(A) allegation, as de-
'233 NLRB 853.
' 594 F.2d 327.
scribed in the complaint, must be, and is, sustained.
Accordingly, we issue the following:
ORDER
Pursuant to Section 10(c) of the National abor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent. Inter-
national Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW)
Amalgamated Local No. 55, Buffalo, New York. its
officers, agents, and representatives, shall:
i. Cease and desist from picketing, or causing to
be picketed, Don Davis Pontiac, Inc., where an object
thereof is forcing or requiring Don Davis Pontiac,
Inc., to recognize or bargain with Respondent as the
representative of its employees where Don Davis
Pontiac, Inc., has lawfully recognized, in accordance
with the Act, Auto Mechanics Lodge 1053, Interna-
tional Association of Machinists, AFL-CIO. and a
question concerning representation may not appro-
priately be raised under Section 9(c) of the Act.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Post in conspicuous places at its business offices
and meeting halls copies of the attached notice
marked "Appendix." Copies of said notice, on forms
provided by the Regional Director for Region 3, after
being duly signed by an official representative of Re-
spondent, shall be posted by it immediately upon re-
ceipt thereof, and be maintained by it for 60 consecu-
tive days thereafter, in conspicuous places, including
all places where notices to members are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(b) Upon request of the said Regional Director,
Respondent shall supply him with a sufficient number
of signed copies of said notice for posting by Don
Davis Pontiac, Inc., if it desires to do so, at its place
of business.
(c) Notify the Regional Director for Region 3, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
APPENDIX
NOli(E To EMPLOYEES AND MEMBERS
POSTED PURSUANI TO A JUDGMENT
OF THE UNITED STATES
COURI O()F APPEALS ENFORCING AN ORDER OF
THE NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WIl, NOT picket, or cause to be picketed,
Don Davis Pontiac, Inc., where an object thereof
243 NLRB No. 58
414
UNITED AIITOMOBILE W()RKERS I.OC(AI. NO. 55
is forcing or requiring Don Davis Pontiac. Inc.,
to recognize or bargain with the undersigned la-
bor organization as the representative of its em-
ployees where Don Davis Pontiac, Inc., has law-
fully recognized Auto Mechanics Lodge 1053,
International Association of Machinists, AFL
CIO. and a question concerning representation
may not appropriately be raised under Section
9(c) of the National Labor Relations Act. as
amended.
IN IIRNATTIONAI UNION, UNI E) A O10-()
Ril ., AROSPA(E AN) A(;RIUI U1RAI IM-
PI'IMIN1 WORKERS 0o AMIRICA ( AW)
AMALGAMATED 1.0('AI No. 55
415