ELLIOTT MANUFACTURING COMPANY

National Labor Relations Board - Board Decisions

Jan 25, 2017

365 NLRB No. 17 (N.L.R.B. 2017)

365 NLRB No. 17
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Elliott Manufacturing Company and Machinists Lo-
cal Lodge 653, District Lodge 190. Case 32–CA–
137848
January 25, 2017
DECISION AND ORDER
BY ACTING CHAIRMAN MISCIMARRA AND MEMBERS
PEARCE AND MCFERRAN
The General Counsel seeks a default judgment in this
case on the ground that Elliott Manufacturing Company,
the Respondent, has failed to file an answer to the
amended consolidated complaint and compliance specifi-
cation. Upon a charge and amended charges filed by
Machinists Local Lodge 653, District Lodge 190, the
Union, on September 30, and October 16, 2014, and
April 6, 2015, respectively, the General Counsel issued a
complaint and notice of hearing on February 27, 2015,
and an order consolidating amended complaint and com-
pliance specification, amended consolidated complaint
and compliance specification, and notice of hearing (the
amended complaint and compliance specification) on
April 16, 2015, alleging that the Respondent has violated
Section 8(a)(5) and (1) of the Act. The Respondent
failed to file an answer to either the complaint or the
amended complaint and compliance specification.
On June 16, 2015, the General Counsel filed a Motion
for Default Judgment with the Board. Thereafter, on
June 24, 2015, the Board issued an order transferring the
proceeding to the Board and a Notice to Show Cause
why the motion should not be granted. The Union filed a
joinder supporting the General Counsel’s motion and
requesting additional remedies. The Respondent filed no
response. The allegations in the motion are therefore
undisputed.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is
shown. Similarly, Section 102.56 of the Board’s Rules
and Regulations provides that the allegations in a com-
pliance specification will be taken as true if an answer is
not filed within 21 days from service of the compliance
specification. In addition, the amended complaint and
compliance specification affirmatively stated that unless
an answer was received by May 7, 2015, the Board may
find, pursuant to a motion for default judgment, that the
allegations in the amended complaint and compliance
specification are true. Further, undisputed allegations in
the General Counsel’s motion disclose that the Region,
by letter dated May 11, 2015, notified the Respondent
that unless an answer was received by May 18, 2015, a
motion for default judgment would be filed.
On May 18, 2015, the Respondent’s chief executive
officer, Terry Aluisi, informed the Region that the Re-
spondent did not dispute the amended complaint and
compliance specification’s allegation that it had failed to
make required contributions to the Union’s Pension and
Welfare trust funds, but stated that the Respondent and
the Union had reached or were close to reaching settle-
ment on that issue. However, upon investigation, the
Region discovered that Aluisi had mistakenly referred to
the Respondent’s Chapter 11 restructuring plan (which
would be subject to other creditors’ objections and the
judge’s approval) as a settlement offer. The Region also
discovered that on May 20, 2015, the Respondent and the
Union had executed a new collective-bargaining agree-
ment; however, no settlement had been discussed regard-
ing the delinquent trust fund contributions. On May 21,
2015, the Region informed Aluisi that, as no settlement
had been reached, the Respondent was required to file an
answer by May 28, 2015. Aluisi responded that the Re-
spondent did not intend to file an answer. The Region
again advised him of the consequences of such action
and urged him to consult with counsel. On May 26,
2015, the Region sent the Respondent an email reminder
of the May 28, 2015 deadline for filing an answer. Nev-
ertheless, the Respondent failed to file an answer or to
request any extension of time to file an answer.
The record does not indicate whether the Respondent
is represented by counsel in this proceeding. Although
the Board, unlike the federal courts,1 permits respondent
corporations to appear without counsel, the Board has
consistently held that the choice to forgo representation
by counsel does not establish good cause for failing to
file a timely answer. See, e.g., Patrician Assisted Living
Facility, 339 NLRB 1153, 1153 (2003); Sage Profes-
sional Painting Co., 338 NLRB 1068, 1068 (2003). See
also Starrs Group Home, Inc., 357 NLRB 1219, 1219–
1220 (2011); Lockhart Concrete, 336 NLRB 956, 957
(2001). In addition, it is well established that the institu-
tion of bankruptcy proceedings does not deprive the
Board of jurisdiction or authority to entertain and process

1 See Rowland v. California Men’s Colony, Unit II Men’s Advisory
Council, 506 U.S. 194, 201–202 (1993) (“It has been the law for the
better part of two centuries . . . that a corporation may appear in the
federal courts only through licensed counsel.”); Palazzo v. Gulf Oil
Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) (“The rule is well estab-
lished that a corporation is an artificial entity that can act only through
agents, cannot appear pro se, and must be represented by counsel.”),
cert. denied, 474 U.S. 1058 (1986).
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
an unfair labor practice case to its final disposition. See,
e.g., Cardinal Services, 295 NLRB 933, 933 fn. 2 (1989),
and cases cited therein. Board proceedings fall within
the exception to the automatic stay provisions for pro-
ceedings by a governmental unit to enforce its police or
regulatory powers. See id., and cases cited therein;
NLRB v. 15th Avenue Iron Works, Inc., 964 F.2d 1336,
1337 (2d Cir. 1992) (per curiam). Accord: Ahrens Air-
craft, Inc. v. NLRB, 703 F.2d 23, 24 (1st Cir. 1983).
Accordingly, in the absence of good cause being
shown for the failure to file an answer, we grant the Gen-
eral Counsel’s Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a cor-
poration with an office and place of business in Fresno,
California, and has been engaged in the manufacture and
nonretail sale of industrial scale packaging and wrapping.
In conducting its operations during the 12-month peri-
od ending January 31, 2015, the Respondent sold and
shipped from its Fresno, California facility goods valued
in excess of $50,000 directly to points outside the State
of California.
About February 2, 2015, the Respondent filed a peti-
tion under Chapter 11 of the United States Bankruptcy
Code in the United States District Court for the Eastern
District of California. Since about February 2, 2015, the
Respondent has been a debtor-in-possession with full
authority to continue its operations and to exercise all
powers necessary to administer its business.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act, and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held
the positions set forth opposite their respective names
and have been supervisors of the Respondent within the
meaning of Section 2(11) of the Act and agents of the
Respondent within the meaning of Section 2(13) of the
Act:
Thomas Elliott Cole - Owner/President
Terry Aluisi - Chief Executive Officer
Jesse Cook - Facility Shop Foreman
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All employees performing work described in and cov-
ered by Section 9 of the October 1, 2011 through Sep-
tember 30, 2014 collective-bargaining agreement be-
tween the Respondent and the Union; excluding all
other employees, guards, and supervisors as defined in
the Act.
Since at least October 1, 2011, and at all material
times, the Respondent has recognized the Union as the
exclusive collective-bargaining representative of the unit.
This recognition has been embodied in successive collec-
tive-bargaining agreements, the most recent of which
(the 2011–2014 agreement) was effective from October
1, 2011, to September 30, 2014; it was extended to Octo-
ber 31, 2014, and was then extended indefinitely on Oc-
tober 31, 2014, until the Respondent or the Union serve
written notice to the other party with a 48 hour notice to
terminate.2
At all material times since at least October 1, 2011,
based on Section 9(a) of the Act, the Union has been the
exclusive collective-bargaining representative of the unit.
The 2011–2014 agreement contains, inter alia, the fol-
lowing provisions:
(a) A provision (the Health and Welfare Provision)
requiring the Respondent to provide unit employees and
their dependents with health, dental, orthodontics, vision,
and life insurance benefits provided by the Automotive
Industries Welfare Trust Fund (the Health Fund) or a
comparable plan (the Health Plan) to be funded seventy
percent (70%) by the Respondent;
(b) A provision requiring the Respondent to submit
monthly reports regarding hours worked by unit employ-
ees to the Health Fund;
(c) A provision requiring the Respondent to make
monthly contributions on behalf of unit employees to the
Health Fund, as well as to remit the employee share of
the monthly contribution via payroll deduction to the
Health Fund;
(d) A provision requiring the Respondent to provide
unit employees with the International Association of Ma-
chinists National Pension Fund, National Pension Plan
(the Pension Plan) provided by the International Associa-
tion of Machinists National Pension Fund (the Pension
Fund);
(e) A provision requiring the Respondent to submit
monthly reports regarding hours worked by unit employ-
ees to the Pension Fund;
(f) A provision requiring the Respondent to make
monthly contributions on behalf of unit employees to the
Pension Fund (the Pension Contributions Provision);

2 The compliance specification states that neither the Respondent nor
the Union served a written termination notice to the other party.
ELLIOTT MANUFACTURING CO. 3
(g) A provision requiring the Respondent to pay fixed
wage rates to each classification of employees in the unit
(the Classification and Wage Rate Provision).
The Respondent engaged in the following conduct giv-
ing rise to these proceedings:
1. Since about September 2014, the Respondent has
repudiated and/or failed to continue in effect all of the
terms and conditions of the Health and Welfare Provision
by refusing to submit regular monthly reports regarding
hours worked by unit employees to the Health Fund and
by refusing to make and/or timely make monthly contri-
butions on behalf of unit employees to the Health Fund.
2. Since about September 2014, the Respondent has
repudiated and/or failed to continue in effect all of the
terms and conditions of the Health and Welfare Provision
by deducting from the unit employees’ paychecks their
share of the contributions for the Health Plan but then
returning those contributions to the unit employees rather
than remitting them to the Health Fund.
3. As a consequence of the Respondent’s conduct de-
scribed in paragraphs 1 and 2 above, unit employees
were no longer covered by the Health Plan effective Sep-
tember 30, 2014.
4. Since about August 2014, the Respondent has repu-
diated and/or failed to continue in effect all of the terms
and conditions of the Pension Contributions Provision by
refusing to submit monthly reports regarding hours
worked by unit employees to the Pension Fund and by
refusing to make and/or timely make monthly contribu-
tions on behalf of unit employees to the Pension Fund.
5. The subjects set forth in paragraphs 1, 2, and 4
above relate to wages, hours, and other terms and condi-
tions of employment of the unit and are mandatory sub-
jects for the purposes of collective bargaining.
6. The Respondent engaged in the conduct described
above in paragraphs 1, 2, and 4 without prior notice to
the Union and without affording the Union an opportuni-
ty to bargain with the Respondent with respect to this
conduct and the effects of this conduct and/or without the
Union’s consent.
7. About October 2014, the Respondent repudiated
and/or failed to continue in effect all of the terms and
conditions of the Classification and Wage Rates Provi-
sion by granting pay raises to unit employees.
8. The subjects set forth above in paragraph 7 relate to
wages, hours, and other terms and conditions of em-
ployment of the unit and are mandatory subjects for the
purposes of collective bargaining.
9. The Respondent engaged in the conduct described
above in paragraph 7 without prior notice to the Union
and without affording the Union an opportunity to bar-
gain with the Respondent with respect to this conduct
and the effects of this conduct and/or without the Un-
ion’s consent.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
failed and refused to bargain collectively and in good
faith with the exclusive collective-bargaining representa-
tive of its employees within the meaning of Section 8(d)
of the Act in violation of Section 8(a)(5) and (1) of the
Act. The Respondent’s unfair labor practices affect
commerce within the meaning of Section 2(6) and (7) of
the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act.3 Specifically, having
found that the Respondent violated Section 8(a)(5) and
(1) by repudiating and/or failing to continue in effect all
of the terms and conditions of the 2011–2014 agree-
ment’s Health and Welfare Provision since September
2014 by (a) refusing to submit regular monthly reports
regarding hours worked by unit employees to the Health
Fund; (b) refusing to make and/or timely make monthly
contributions on behalf of unit employees to the Health
Fund; and (c) deducting from the unit employees’
paychecks their share of the contributions for the Health
Plan but then returning those contributions to the unit
employees rather than remitting them to the Health Fund;
all of which resulted in unit employees no longer being
covered by the Health Plan effective September 30,
2014, we shall order the Respondent to submit the re-
quired monthly reports to the Health Fund, make all con-
tributions required and due under the 2011–2014 agree-
ment to the Health Fund, including the back employee
contributions to the Health Plan that the Respondent
failed to remit to the Health Fund, as set forth in the
amended complaint and compliance specification, Ap-
pendix B (Health Fund) (attachment B to this Decision
and Order). The Respondent shall make the employees
whole for any losses suffered as a result of the Respond-
ent’s unlawful conduct by paying their out-of-pocket
medical expenses in the amounts set forth in Appendix C
to the amended complaint and compliance specification

3 In its joinder to the General Counsel’s Motion for Default Judg-
ment, the Union requests that the Notice include a reference to the
Board’s app; that the Respondent be required to mail to its employees
the Board’s Decision and Order and Notice; and that an official of the
Respondent be required to print his or her name on the Notice so that
employees can easily identify the signing official. We deny this request
as the Union has not shown that these additional measures are needed
to remedy the effects of the Respondent’s unfair labor practices. See,
e.g., AT&T, 362 NLRB No. 105, slip op. at 1 fn. 3 (2015).
4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(attachment C to this Decision and Order4), plus interest
accrued to the date of payment at the rate prescribed in
New Horizons, 283 NLRB 1173 (1987), compounded
daily as prescribed in Kentucky River Medical Center,
356 NLRB 6 (2010).5 In addition, we shall require the
Respondent to pay any additional amounts due and nec-
essary to make them whole, upon the Regional Director’s
amendment of the amended complaint and compliance
specification to include them. Further, we shall require
the Respondent to restore and maintain the Health Plan
for unit employees or, if it is unable to do so, obtain a
health and welfare plan equivalent to the Health Plan
they lost effective September 30, 2014.
In addition, having found that the Respondent violated
Section 8(a)(5) and (1) by repudiating and/or failing to
continue in effect all of the terms and conditions of the
2011–2014 agreement’s Pension Contributions Provision
since September 2014, by (a) refusing to submit monthly
reports regarding hours worked by unit employees to the
Pension Fund, and (b) refusing to make and/or timely
make monthly contributions on behalf of unit employees
to the Pension Fund, we shall order the Respondent to
submit the required monthly reports to the Pension Fund,
make all contributions required and due under the 2011–
2014 agreement to the Pension Fund as set forth in Ap-
pendix A to the amended complaint and compliance
specification (attachment A to this Decision and Order),
and make the employees whole for any losses suffered as
a result of the Respondent’s unlawful conduct.
The Respondent shall pay any additional amounts due
the Health Fund and the Pension Fund on behalf of the
unit employees in accordance with Merryweather Opti-
cal Co., 240 NLRB 1213, 1216 fn. 7 (1979).6 In addi-

4 As Appendix C to the amended complaint and compliance specifi-
cation shows private information regarding the employees’ medical
expenses, we have omitted this information from attachment C to this
decision.
5 The amended complaint and compliance specification alleges, and
we find, that the medical expenses that would have been covered by the
Health Plan but for the Respondent’s failure to make contributions to
the Health Fund will continue to accrue until the Respondent secures
the reinstatement of the Health Plan for unit employees or obtains a
health and wealth plan for unit employees equivalent to the Health Plan
they lost effective September 30, 2014. The amended complaint and
compliance specification additionally alleges that the Respondent is
responsible for any costs employees incurred under the provisions of
the Affordable Care Act resulting from the Respondent’s failure to
make contractually required contributions to the Health Fund. To the
extent that such costs were not known when the General Counsel filed
the amended complaint and compliance specification, the Regional
Director may amend the amended complaint and compliance specifica-
tion to include these amounts. See, e.g., Republic Windows & Doors,
LLC, 356 NLRB 1449, 1452 fn. 7 (2011).
6 The amended complaint and compliance specification specifically
alleges, and we find, that the amounts due the funds will continue to
accrue, plus interest, to date of payment.
tion, the Respondent shall make the employees whole for
expenses they may have incurred as a result of the Re-
spondent’s failure to make payments to the Funds, as set
forth in Kraft Plumbing & Heating, 252 NLRB 891 fn. 2
(1980), enfd. mem. 661 F.2d 940 (9th Cir. 1981). Such
amounts shall be computed in the manner set forth in
Ogle Protection Service, 183 NLRB 682 (1970), enfd.
444 F.2d 502 (6th Cir. 1971), with interest as prescribed
in New Horizons, supra, compounded daily as prescribed
in Kentucky River Medical Center, supra.7 The Re-
spondent shall compensate affected employees for the
adverse tax consequences, if any, of receiving lump-sum
benefit awards, and file with the Regional Director a re-
port allocating the benefit awards to the appropriate cal-
endar years for each employee. AdvoServ of New Jersey,
Inc., 363 NLRB No. 143 (2016).
Having found that the Respondent violated Section
8(a)(5) and (1) by repudiating and/or failing to continue
in effect all of the terms and conditions of the 2011–2014
agreement’s Classification and Wage Rates Provision by
granting pay raises to unit employees, we shall order the
Respondent to rescind the unilateral wage increase of
unit employees if the Union, as the unit’s exclusive col-
lective-bargaining representative, so requests. Wightman
Center, 301 NLRB 573, 577 (1991); Mack Trucks, 294
NLRB 864, 865 (1989).8
ORDER
The National Labor Relations Board orders that the
Respondent, Elliott Manufacturing Company, Fresno,
California, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with Machinists Local Lodge 653, District
Lodge 190 (the Union) as the exclusive collective-
bargaining representative of the unit employees by repu-
diating and/or failing to continue in effect the terms and
conditions of the 2011–2014 agreement by (1) refusing
to submit regular monthly reports regarding hours
worked by unit employees to the Health Fund, refusing
to make and/or timely make monthly contributions on

7 To the extent that an employee has made personal contributions to
a fund that are accepted by the fund in lieu of the Respondent’s delin-
quent contributions during the period of the delinquency, the Respond-
ent will reimburse the employee, but the amount of such reimbursement
will constitute a setoff to the amount that the Respondent otherwise
owes the fund.
8 The Order requires the Respondent to apply the terms and condi-
tions of employment established by the 2011–2014 agreement and the
Order’s make-whole requirements are based on those terms of em-
ployment. We leave to compliance the determination of what effect, if
any, the parties’ new collective-bargaining agreement has on those
remedial obligations.
ELLIOTT MANUFACTURING CO. 5
behalf of unit employees to the Health Fund, and failing
to remit to the Health Fund the unit employees’ share of
contributions to the Health Plan that the Respondent de-
ducted from their paychecks, in abrogation of the 2011–
2014 agreement’s Health and Welfare Provision; (2) re-
fusing to submit monthly reports regarding hours worked
by unit employees to the Pension Fund, and refusing to
make and/or timely make monthly contributions on be-
half of unit employees to the Pension Fund, in abrogation
of the 2011–2014 agreement’s Pension Contributions
Provision; and (3) granting pay raises to unit employees
in abrogation of the 2011–2014 agreement’s Classifica-
tion and Wage Rates Provision. The unit is:
All employees performing work described in and cov-
ered by Section 9 of the October 1, 2011 through Sep-
tember 30, 2014 collective-bargaining agreement be-
tween the Respondent and the Union; excluding all
other employees, guards, and supervisors as defined in
the Act.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed to them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Honor and give full force and effect to the terms
and conditions of employment provided in the 2011–
2014 collective-bargaining agreement.
(b) Restore and maintain the Health Plan for unit em-
ployees or, if the Respondent is unable to do so, obtain a
health and welfare plan equivalent to the Health Plan
they lost effective September 30, 2014.
(c) Make unit employees whole for any losses suf-
fered as a result of the Respondent’s unlawful conduct by
paying their out-of-pocket medical expenses in the
amounts set forth in Attachment C to this decision, total-
ing $13,684, plus any additional amounts due and neces-
sary to make them whole for the Respondent’s failure to
make contributions to the Health Fund, upon the Region-
al Director’s amendment of the amended complaint and
compliance specification to include the amounts, in the
manner set forth in the remedy section of this decision.
(d) Compensate unit employees for the adverse tax
consequences, if any, of receiving lump-sum benefit
awards, and file with the Regional Director for Region
32, within 21 days of the date of the amount of benefit
payments is fixed, either by agreement or Board order, a
report allocating the benefit awards to the appropriate
calendar years for each employee.
(e) Remit to the Pension Fund on behalf of unit em-
ployees all contributions required and due under the
2011–2014 agreement in the amount set forth in Attach-
ment A to this decision, totaling $33,413.40, plus any
additional amounts due the fund as set forth in the reme-
dy section of this decision.
(f) Submit to the Pension Fund all monthly reports re-
garding hours worked by unit employees as required by
the 2011–2014 agreement.
(g) Remit to the Health Fund on behalf of unit em-
ployees all contributions required and due under the
2011–2014 agreement in the amount set forth in Attach-
ment B to this decision, totaling $111,700.60, plus any
additional amounts due the fund as set forth in the reme-
dy section of this decision.
(h) Submit to the Health Fund all regular monthly re-
ports regarding hours worked by unit employees as re-
quired by the 2011–2014 agreement.
(i) On request by the Union, rescind the unilateral in-
crease in unit employees’ wages.
(j) Preserve and, within 14 days of a request, or such
additional time as the Regional Director may allow for
good cause shown, provide at a reasonable place desig-
nated by the Board or its agents, all payroll records, so-
cial security payment records, timecards, personnel rec-
ords and reports, and all other records, including an elec-
tronic copy of such records if stored in electronic form,
necessary to analyze the amount of benefit payments due
under the terms of this Order.
(k) Within 14 days after service by the Region, post at
its facility in Fresno, California, copies of the attached
notice marked “Appendix.”9 Copies of the notice, on
forms provided by the Regional Director for Region 32,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places,
including all places where notices to employees are cus-
tomarily posted. In addition to physical posting of paper
notices, notices shall be distributed electronically, such
as by email, posting on an intranet or an internet site,
and/or other electronic means, if the Respondent custom-
arily communicates with its employees by such means.
Reasonable steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or cov-
ered by any other material. If the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Re-
spondent at any time since August 1, 2014.

9 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(l) Within 21 days after service by the Region, file
with the Regional Director for Region 32 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. January 25, 2017
______________________________________
Philip A. Miscimarra, Acting Chairman
______________________________________
Mark Gaston Pearce, Member
______________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected activi-
ties.
WE WILL NOT fail and refuse to bargain collectively
and in good faith with Machinists Local Lodge 653, Dis-
trict Lodge 190 (the Union) as the exclusive collective-
bargaining representative of unit employees by repudiat-
ing and/or failing to continue in effect the terms and con-
ditions of the 2011–2014 agreement by, without consent
of the Union, (1) refusing to submit regular monthly re-
ports regarding hours worked by unit employees to the
Health Fund, refusing to make and/or timely make
monthly contributions on behalf of unit employees to the
Health Fund, and failing to remit to the Health Fund the
unit employees’ share of contributions to the Health Plan
that the Respondent deducted from their paychecks, in
abrogation of the 2011–2014 agreement’s Health and
Welfare Provision; (2) refusing to submit regular month-
ly reports regarding hours worked by unit employees to
the Pension Fund, and refusing to make and/or timely
make monthly contributions on behalf of unit employees
to the Pension Fund, in abrogation of the 2011–2014
agreement’s Pension Contributions Provision; and (3)
granting pay raises to unit employees in abrogation of the
2011–2014 agreement’s Classification and Wage Rates
Provision. The unit is:
All employees performing work described in and cov-
ered by Section 9 of the October 1, 2011 through Sep-
tember 30, 2014 collective-bargaining agreement be-
tween us and the Union; excluding all other employees,
guards, and supervisors as defined in the Act.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL give full force and effect to the terms and
conditions of employment provided in the 2011–2014
agreement.
WE WILL restore and maintain the Health Plan for unit
employees or, if we are unable to do so, obtain a health
and welfare plan equivalent to the Health Plan unit em-
ployees lost effective September 30, 2014.
WE WILL make unit employees whole for any losses
suffered as a result of our unlawful conduct by paying
their out-of-pocket medical expenses in the amounts set
forth in Attachment C of the Board’s decision, totaling
$13,684, plus interest and any additional amounts due
and necessary to make them whole for our failure to
make contributions to the Health Fund, upon the Region-
al Director’s amendment of the amended complaint and
compliance specification to include the amounts, plus
interest due to the date of payment.
WE WILL compensate unit employees for the adverse
tax consequences, if any, of receiving lump-sum benefit
awards, and file with the Regional Director for Region
32, within 21 days of the date the amount of the benefit
payments is fixed, either by agreement or Board order, a
report allocating the benefit awards to the appropriate
calendar years for each employee.
WE WILL remit to the Pension Fund on your behalf all
contributions required and due under the 2011–2014
agreement in the amount set forth in Attachment A to the
Board’s Order, totaling $33,413.40, plus interest and any
additional amounts due the fund as set forth in the
Board’s Order.
ELLIOTT MANUFACTURING CO. 7
WE WILL submit to the Pension Fund all monthly re-
ports regarding hours worked by unit employees as re-
quired by the 2011–2014 agreement.
WE WILL remit to the Health Fund on your behalf all
contributions required and due under the 2011–2014
agreement in the amount set forth in Attachment B to the
Board’s Order, totaling $111,700.60, plus interest and
any additional amounts due the fund as set forth in the
Board’s Order.
WE WILL submit to the Health Fund all regular month-
ly reports regarding hours worked by unit employees as
required by the 2011–2014 agreement.
WE WILL, on request by the Union, rescind the unilat-
eral increase in your wages.
ELLIOTT MANUFACTURING COMPANY
The Board’s decision can be found at
www.nlrb.gov/case/32–CA–137848 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1015 Half Street, S.E., Washington,
D.C. 20570, or by calling (202) 273–1940.
8 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Attachment A - Pension
'Employee Last clay worked Aug-14 Sep-14 Oct-14 Noy-14 Dec-14 Jan-15 Feb-15 Mar.-15 Totals per employee
Allan Blacksill Employed 319.20 334.40 349.60 304.00 349.60 334.40 304.00 304.00 2599.20
Bradley Stimson 9/30/2014 319_20 334.40 653.60
Danny Velez Employed 319.20 33440 349.60 304.00 349.60 33440 304.00 304.00 2599.20
Dennis Montanaro 10/30/2014 319.20 334.40 349.60 1003.20
Edward Powers Employed 319.20 334.40 349.60 304.00 349.60 334.40 304_00 304.00 2599.20
Guadalupe Velasquez 11/21/2014 319_20 334.40 349.60 304.00 1307.20
Jesse Cook Employed 319.20 334.40 349.60 304.00 349.60 334.40 304.00 304.00 2599.20
Jose Benny Gallardo 11/14/2014 319.20 334.40 349.60 304.00 1307.20
Michael Lamont 8/?/2014 319.20 319.20
Robert Garcia 9/30/2014 319.20 334.40 653.60
Robert Garcia III Employed 319.20 334.40 349.60 304.00 349.60 334_40 304.00 304.00 2599.20
Rogelio Mendoza 11/28/2014 319.20 334.40 349.60 304.00 1307.20
Ronald Costilla 9/30/2014 319.20 334.40 653.60
Ruben Saldana 9/30/2014 319_20 334.40 653.60
Russell Johnson Em ployed 319.20 334.40 349.60 304.00 349.60 334.40 304_00 304.00 2599.20
Samuel Romero Employed 319.20 33440 349.60 304.00 349.60 334.40 304.00 304.00 2599.20
William White 9/30/2014 319.20 334.40 653.60
Total owed- no damages or interest• 5426.40 5350.40 3845.60 3040.00 2447.20 2340.80 2128.00 2128.00 26706.40
Liquidated Damages at 20% 1085.28 1070.08. 769.12 608.00 489.44 468.16 425.60 425.60 5341.28
nterest at 18% annually-computed monthly 488.38 401.28 230.74 136.80 73.42 35.11 0.00 0.00 1365.72
TOTAL 7000_06 6821.76 4845.46 3784.80 3010.06 2844.07 2553.60 2553.60 33413.40
GRAND TOTAL
I
$33,41 3.40
•Formula: 51.90 per hour/8 hours per working day/max of 40 hours per week per employee
ELLIOTT MANUFACTURING CO. 9
Attachment B - Health Welfare
Employee Last clay worked I Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 Totals per employee
Allan Blacksill Employed 1670.00 1670.00 1670.00 1670.00 167000 1670.130 1670.00 11690.00
Bradley Stimson 9/30/2014 1670.00 1670.00
Danny Velez Employed 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 11690.00
Dennis Montanaro 10/30/2014 1670.00 1670.00 3340.00
Edward Powers Employed 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 11690.00
Guadalupe Velasquez 11/21/2014 1670.00 1670.00 1670.00 5010.00
Jesse Cook Employed 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 11690.00
lose Benny Gallardo 11/14/2014 1670.00 1670.00 1670.00 5010.00
Michael Lamont 8/7/2014 0.00
Robert Garcia 9/30/2014 1670.00 1670.00
Robert Garcia III Employed 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 1670 00 - 11690.00
Rogelio Mendoza 11./28/2014 1670.00 1670.00 1670.00 5010.00
Ronald CoshIla 9/30/2014 1670.00 1670.00
Ruben Saldana 9/30/2014 1670.00 1670.00
Russell Johnson Employed 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 11690.00
Samuel Romero Employed 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 1670.00 11690.00
William White 9/30/2014 1670.00 1670.00
Total for H&W per month 26720.00 18370.00 16700.00 11690.00 1169000 11690.00 11690.00 108550.00
Amount paid 5000.00 0.00 0.00 0.00 0.00 0.00 0.00 5000.00
Amount owed - no damages and interest 21720.00 1837000 16700.00 11690.00 11690.00 11690.00 11690.00 103550.00
Liquidated damages at 59< 1086.00 918.50 835.00 584.50 584.50 584.50 584.50 5177.50
nterest - 10% annual- computed daily 1083.02 759.96 553.62 288.25 188.96 99.28 0.00 2973.10
TOTAL 23889.02 20048.46 18088.62 12562.75 12463.46 1.2373.78 12274.50 111700.60
GRAND TOTAL $111,700.60
10 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Attachment C – Medical Expenses1

1 Attachment C has been redacted for the public version of this decision.
Employee
Last day
worked Totals per employee
Allan Blacksill Emplcyed 875.00
Bradley Stimson 9/30/2014 0.00
Danny Velez Employed 3,000.00
Dennis Montanaro 10/30/2014 413.00
Edward Powers Employed 70.00
Guadalupe Velasquez 11/21/2014 0.00
Jesse Cook Employed 20.00
Jose Benny Gallardo 11/14/2014 865.00
Michael Lamont 81?/2014 0.00
Robert Garcia 9/30/2014 651.00
Robert Garcia III Employed 2,740.00
Rogelio Mendoza 11/28/2014 0.00
Ronald Costilla 9/30/2014 0.00
Ruben Saldana 9/30/2014 0.00
Russell Johnson Employed 0.00
Samuel Romero Employed 5,050.00
William White 9/30/2014 0.00
otals per month 13.684.00
G RAND TOTALIT $13,684.00