Equitable Life Insurance Co.

National Labor Relations Board - Board Decisions

Feb 27, 1967

163 N.L.R.B. 154 (N.L.R.B. 1967)

154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Equitable Life Insurance Company and
Insurance Workers International Union,
AFL-CIO. Case 8-CA-3482.
February 27, 1967
SUPPLEMENTAL DECISION
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On October 30, 1964 , the National Labor
Relations Board issued a Decision and Order in the
above-entitled proceeding ,' finding that the
Respondent had refused to bargain collectively with
the Charging Party as the duly certified bargaining
representative of employees in the unit found
appropriate by the Board , in violation of Section
8(a)(5) and (1) of the National Labor Relations Act, as
amended , and ordering it to cease and desist
therefrom and to take certain appropriate action.
Thereafter , because of developments in court
litigation involving the Board 's unit determinations
in the insurance industry , the Board decided to
reconsider its findings in this case. Therefore, on
October 4 , 1966 , the Board issued an order granting
leave to the parties to file briefs directed to the unit
finding. Briefs were thereafter duly filed by the
Respondent and the General Counsel.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in
connection with this case to a three-member panel.
The Respondent argues that the Board , in finding
that certain employees constituted a unit
appropriate for the purposes of collective
bargaining , was controlled by the extent of the
Union 's organization , and that the unit
determination was invalid under Section 9(c)(5) of
the Act. For the reasons heretofore set forth in the
Board 's Supplemental Decision and Order in
Western & Southern Life Insurance Company, 163
NLRB 138, and in Metropolitan Life Insurance
Company (Woonsocket , R.I.), 156 NLRB 1408, we
find no merit in this argument .2 Accordingly, we
reaffirm the unit finding in our Decision and Order
heretofore issued in this case.
1 149 NLRB 359.
2 The unit found appropriate in the present case consists of
debit agents employed at the Respondent 's district office in
Steubenville , Ohio, and the detached office in East Liverpool,
Ohio, with certain specified exclusions Inclusion of the detached
office derives from the fact that a detached office is administered
as part of the district office and hence is appropriately included
with its parent office even though the two offices may be some
distance apart See Metropolitan Life Insurance Company
(Woonsocket , R.I.), supra, footnote 22.
The John J . Corbett Press, Inc. and The New
Haven Typographical Union No. 47, a/w
International Typographical Union,
AFL-CIO. Case 1-CA-5421.
February 28,1967
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On November 10, 1966, Trial Examiner Laurence
A. Knapp issued his Decision 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 certain affirmative action, as set
forth in the attached Trial Examiner's Decision.
Thereafter, the Respondent filed exceptions to the
Decision and a supporting brief. The General
Counsel also filed a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
The Board has reviewed the rulings of the Trial
Examiner made at the hearing and finds that no
prejudicial error was committed. The rulings are
hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions and briefs, and
the entire record in the case,' and hereby adopts the
findings, conclusions, and recommendations of the
Trial Examiner.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the
Recommended Order of the Trial Examiner, and
hereby orders that the Respondent, The John J.
Corbett Press, Inc., New Haven, Connecticut, its
officers, agents, successors, and assigns, shall take
the action set forth in the Trial Examiner's
Recommended Order.
' Respondent 's request for oral argument is hereby denied as
the record , including the exceptions and briefs , adequately
reflects the issues and the positions of the parties.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
LAURENCE A. KNAPP, Trial Examiner: This case was
heard in New Haven, Connecticut, on July 26-27 and on
163 NLRB No. 15 163 NLRB No. 26