Equitable Life Insurance Co.

National Labor Relations Board - Board Decisions

Oct 30, 1964

149 N.L.R.B. 359 (N.L.R.B. 1964)

EQUITABLE LIFE INSURANCE COMPANY 359
WE WILL try in good faith to reach agreement with the above union and
if agreement is reached we will embody such agreement in a written , signed
agreement.
WE WILL NOT refuse to bargain with the above Union nor will we direct
employees to poll themselves as to their support of the above union , adjust
grievances or announce wage increases for the purpose of undermining
union support among employees.
WE WILL NOT in any similar manner interfere with employees rights
under section 7 of the National Labor Relations Act.
C. L. FRANK, INC.
Employer.
Dated-------------------- By-------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the date of
- posting, and must not be altered, defaced , or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 614
ISTA Center, 150 W . Market Street, Indianapolis , Indiana, Telephone No. Mel-
rose 3-8921 , if they have any question concerning this notice or compliance with
its provisions.
Equitable Life Insurance Company and Insurance Workers
International Union , AFL-CIO. Case No. 8-CA-3482. Octo-
ber 30, 1964
DECISION AND ORDER
On August 4, 1964, Trial Examiner A. Bruce Hunt issued his De-
cision in the above-entitled proceeding, finding that the Respondent
had engaged in and was engaging in certain unfair labor practices
and recommending that it cease and desist therefrom and take cer-
tain affirmative action, as set forth in the attached Trial Examiner's
Decision. Thereafter, Respondent filed exceptions and a brief in
support of the exceptions.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case-to a three-member panel [Chairman McCulloch and Mem-
bers Fanning and Brown].
The Board has considered the Trial Examiner's Decision and the
entire record in this case, including the exceptions and brief of the
Respondent, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.
-ORDER
Pursuant to Section 10 (c) of the National Labor Relations Act,
as amended, the National Labor Relations Board hereby adopts as
its Order, the Order 'recommended by the Trial Examiner, and or-
ders that the Respondent, its officers, agents, successors, and assigns,
shall take the action set forth in the Trial Examiner's Recommended
Order.
149 NLRB No. 42.
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
This proceeding, in which the charge was filed on April 22, 1964, and the
complaint was issued on May 13, 1964, involves allegations that the Respondent,
Equitable Life Insurance Company, violated Section 8(a)(1) and (5) of the
National Labor Relations Act, as amended, 29 U.S.C., Sec. 151 et seq., by its
refusal to recognize and bargain, collectively with Insurance Workers Internation-
al Union, AFL-CIO, as the exclusive representative of the Respondent's em-
ployees in an appropriate unit. On May 20, 1964, the Respondent filed its an-
swer, admitting its refusal to recognize and bargain with the Union, but denying
the appropriateness of the unit and, therefore, denying the commission of unfair
labor practices. On July 6, the General Counsel moved for judgment on the
pleadings. On July 7 Trial Examiner A. Bruce Hunt issued an Order to Show
Cause why the motion should not be granted and the notice of hearing vacated.
The only response to said Order was a letter of July 10 from counsel for
the Charging Party moving for judgment on the pleadings. On July 16, I
issued an order vacating the notice of hearing and fixing July 27 as the final
date for filing of briefs. A brief in support of his motion for judgment on the
pleadings was filed by the General Counsel. The motions are granted in accord-
ance with the determinations below. Upon the record, I make the following:
FINDINGS OF FACT
1. THE RESPONDENT
The Respondent, a District of Columbia corporation, has its principal office and
place of business in Washington, D.C., and is engaged in the sale of life insur-
ance in the District of Columbia and several States of the United States, includ-
ing the State of Ohio. The Respondent annually receives at its office in Wash-
ington, D.C., gross income in excess of $50,000 which is forwarded from its
district offices located in States of the United States. There is no dispute, and I
find, that the Respondent is engaged in commerce within the meaning of the Act.
II. THE UNION
Insurance Workers International Union , AFL-CIO, is a labor organization which
admits to membership employees of the Respondent.
III. THE UNFAIR PRACTICES
A. The issue
The issue is whether the Respondent invalidly refused to bargain with the Union.
The refusal is admitted, but the Respondent insists that its refusal was not invalid
because of errors allegedly made by the Board in a representation case in which the
Union was certified.
B. The refusal to bargain collectively
1. The appropriate unit
On December 16, 1963 , in a Decision and Direction of Election in Case No.
8-RC-5372, the Board's Regional Director for Region 8 found, contrary to the
Respondent 's contention , that the following employees of the Respondent con-
stitute a unit appropriate for the purposes of collective bargaining within the mean-
ing of Section 9(b) of the Act:
All debit insurance agents employed at or working out of the (Respondent's)
district office located in Steubenville , Ohio, including the detached office in East
Liverpool , Ohio , but excluding office clerical employees , canvassers , canvassing
agents, collectors, regular ordinary agents, guards , district managers , associate dis-
trict managers , staff managers , and all other supervisors , as defined in the Act.
On December 24, the Respondent filed with the Board a request for review of
the Regional Director 's determination . On January 9, 1964, the Board denied the
request . I am bound by the Board 's decision ( see Insurance Agents' International
Union , AFL-CIO ( The Prudential Insurance Company of America ), 119 NLRB 768,
772-773 , reversed on other grounds 361 U.S. 477) and, therefore , I find that the unit
described above its appropriate.
EQUITABLE LIFE INSURANCE COMPANY 361
2. The Union's majority status
On January 17, 1964 , an election was conducted and a majority of the employees
in the unit voted for the Union. On January 24, the Regional Director certified
the Union as the exclusive representative of all the employees in the unit . Accord-
ingly, I find that on January 24 , 1964 , and at all times thereafter , the Union was
and has been such exclusive representative.
3. The refusal to bargain
There is no dispute, and I find, that on or about March 10, 1964, the Respond-
ent rejected a demand by the Union that the former bargain collectively, and that
since that date the Respondent has continued its refusal to bargain. Its reason, as
expressed in its answer and in its request for review , mentioned above , is that the
unit is inappropriate and that material and prejudicial errors were committed in Case
No. 8-RC-5372. Being bound by the determinations in that case, I find, contrary
to the Respondent's contention, that its refusal to bargain violated Section 8(a)(5)
and (1).
IV. THE REMEDY
Having found that the Respondent has engaged in unfair labor practices
affecting commerce, I shall recommend that it cease and desist therefrom and that
it take affirmative action designed to effectuate the policies of the Act. It has
been found that the Union represented a majority of the employees in the appro-
priate unit and that the Respondent refused to bargain collectively. Accord-
ingly, I shall recommend that the Respondent, upon request, bargain collectively
with the Union as the exclusive representative of the employees in the appropriate
unit.
Upon the basis of the above findings of fact and upon the entire record in
the case, I make the following:
CONCLUSIONS OF LAW
1. The Union is a labor organization within the meaning of Section 2(5) of
the Act.
2. All debit insurance agents employed at or working out of the Respondent's
district office located in Steubenville, Ohio, including the detached office in East
Liverpool, Ohio, but excluding office clerical employees, canvassers, canvassing
agents, collectors, regular ordinary agents, guards, district managers, associate
district managers, staff managers, and all other supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargaining.
3. On January 24, 1964, the Union was, and at all times thereafter has been,
the exclusive representative of all employees in such unit for the purposes of
collective bargaining.
4. By refusing to bargain collectively and by interfering with, restraining,
and coercing employees in the exercise of their rights under the Act, the Respond-
ent has engaged in and is engaging in unfair labor practices affecting com-
merce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7).
RECOMMENDED ORDER
Upon the entire record in the case, and pursuant to Section 10(c) of the
National Labor Relations Act, as amended, I hereby recommend that Equitable
Life Insurance Company, its officers, agents, successors, and assigns, shall:'
1. Cease and desist from:
(a) Refusing to bargain collectively with Insurance Workers International
Union, AFL-CIO, as the exclusive representative of all employees in the appro-
priate unit.
(b) Interfering with the efforts of said labor organization to negotiate for or
represent the employees in the appropriate unit as the exclusive bargaining
agent.
2. Take the following affirmative action which is necessary to effectuate the
policies of the Act:
(a) Upon request, bargain collectively with Insurance Workers International
Union, AFL-CIO, as the exclusive representative of all employees in the aforesaid
unit and , if an understanding is reached , embody such understanding in a signed
agreement.
1 If this Recommended Order should be adopted by the Board, the words "the National
Labor Relations Board hereby orders" shall be substituted for the words "I hereby
recommend".
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Post in conspicuous places as its places of business in Steubenville
and East Liverpool, Ohio, including all places where notices to employees
customarily are posted, copies of the attached notice marked "Appendix." 2
Copies of said notice, to be furnished by the Regional Director, Region 8, shall,
after being signed by the Respondent's representative, be posted by it immediately
upon receipt thereof, and maintained by it for at least 60 consecutive days there-
after. Reasonable steps shall be taken by the Respondent to insure that said notices
are not altered, defaced, or covered by any material.
(c) Notify said Regional Director in writing within 20 days from the receipt
of this Decision what steps the Respondent has taken to comply herewith.3
2 If this Recommended Order should be adopted by the Board, the words "as ordered by"
shall be substituted for "as Recommended by a Trial Examiner of" in the notice. In the
further event that the Board's Order be enforced by a United States Court of Appeals,
the words "a Decree of a United States Court of Appeals, Enforcing an Order of" shall
be inserted immediately following "as ordered by."
3If this Recommended Order should be adopted by the Board, this provision shall be
modified to read: "Notify said Regional Director, In writing, within 10 days from the date
of this Order, what steps the Respondent has taken to comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
As recommended by a Trial Examiner of the National Labor Relations Board
we are posting this notice to inform our employees of rights guaranteed to them
by the National Labor Relations Act:
WE WILL, upon request, bargain collectively with Insurance Workers In-
ternational Union, AFL-CIO, as the exclusive representative of all employees
in the following bargaining unit:
All debit insurance agents employed at or working out of our district
office in Steubenville, Ohio, including the detached office in East Liver-
pool, Ohio, but excluding office clerical employees, canvassers, canvass-
ing agents, collectors, regular ordinary agents, guards, district managers,
associate district managers, staff managers, and all other supervisors as
defined in the Act.
WE WILL NOT interfere with the efforts of Insurance Workers International
Union, AFL-CIO, to negotiate for or represent the employees in the bar-
gaining unit as the exclusive representative.
EQUITABLE LIFE INSURANCE COMPANY,
Employer.
Dated------------------- By-------------------------------------------(Representative) (Title)
This notice must remain posted for 60 consecutive days from the date of
posting, and must not be altered, defaced, or covered by any material.
If the employees have any questions concerning this notice or whether the
Employer is complying with its provisions, they may communicate with the
Board's Regional Office, 720 Bulkley Building, 1501 Euclid Avenue, Cleveland,
Ohio, Telephone No. Maine 1-4465.
Thunderbird Hotel , Inc., and Joe Wells, James Schuyler and
William Deer, Co-partners , d/b/a Thunderbird Hotel Company
and Independent Guards Association of Nevada, Local No. 1.
Case No. 00-CA-2973. October 30, 1964
DECISION AND ORDER
On August 4, 1964, Trial Examiner Louis S. Penfield issued his
Decision in the above-entitled proceeding, finding that Respondent
149 NLRB No. 39.