Florida Steel Corp.

National Labor Relations Board - Board Decisions

Feb 19, 1976

222 N.L.R.B. 955 (N.L.R.B. 1976)

FLORIDA STEEL CORPORATION 955
Florida Steel Corporation and United Steelworkers of
America, AFL-CIO. Case 12-CA-6820
Upon the entire record in this case, the Board
makes the following:
February 19, 1976
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND PENELLO
Upon a charge duly filed by United Steelworkers
of America, AFL-CIO, the General Counsel for the
National Labor Relations Board, by the Regional
Director for Region 12, issued a complaint dated Au-
gust 26, 1975, against Florida Steel Corporation
(herein referred to as Respondent), alleging that it
has engaged in, and is engaging in, unfair labor prac-
tices within the meaning of Section 8(a)(1) and (3) of
the National Labor Relations Act, as- amended. Cop-
ies of the charge, complaint, and notice of hearing
were duly served on the Respondent. -
The complaint alleges in substance that on or
about August 15, 1974, Respondent announced it
was instituting a new wage review policy under
which its employees would have their rates of pay
reviewed every 3 months rather than on a yearly ba-
sis as had been done in the past. In implementation
of this new policy, hourly paid employees at
Respondent's Jacksonville, Florida, facility, the only
plant involved in this proceeding, were granted
across-the-board wage increases in December 1974
and in March 1975. However, after the United Steel-
workers of America, AFL-CIO (herein referred to as
the Union), filed a petition in Case 12-RC-4845,
seeking to become the bargaining representative for
the Jacksonville employees, the Respondent failed to
grant these employees the quarterly wage increase
due them in June 1975 and did not grant this pay
raise to these employees until on or about August 15,
1975,' at which time the increase was made retroac-
tive to June 29. In its answer, dated August 29, the
Respondent admits the factual allegations in the
complaint, but denies that it violated the Act.
On October 2, 1975, the General Counsel filed a
motion for summary judgment with the Board, alleg-
ing that there are no material issues of fact and that
the only issue is whether Respondent's admitted con-
duct is a violation of the Act. Thereafter, on October
22, the Board issued an order transferring the pro-
ceeding to the Board and notice to show cause.
Pursuant to the provisions of Section 3(b) of the
NationalLabor, Relations Act, as amended, the Na-
tional Labor Relations Board has, delegated its au-
thority in this proceeding to a three-member panel.
1 All dates refer to 1975 unless otherwise indicated.
Ruling on the Motion for Summary Judgment
In its answer to the complaint, the Respondent
specifically admitted that, because the Union had
filed a petition, it withheld from its hourly paid Jack-
sonville plant employees a pay raise due them in
June and did not grant this increase until August.
Therefore, the issue herein is the same as that pre-
sented in Florida Steel Corporation, 220 NLRB No.
57 (1975), where the Board found that this Respon-
dent had violated Section 8(a)(1) and (3) of the Act
by refusing to grant wage increases and increases in
fringe benefits because the Union had filed a peti-
tion. -
As all material issues have been previously decided
by the Board, or admitted by Respondent's answer to
the complaint, there are no matters requiring a hear-
ing. Accordingly, the General Counsel's motion for
summary judgment is granted.
On the basis of the record before it, the Board
makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
Respondent is, and at all times material herein has
been, a Florida corporation with an office and place
of business located in Jacksonville, Florida, where it
is engaged in manufacturing and selling structural
iron and steel products. During the past 12 months,
Respondent has purchased and received goods, sup-
plies, and materials valued in excess of $50,000 di-
rectly from points outside the State of Florida.
Respondent is, and has been at all times material
herein, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
United Steelworkers of America , AFL-CIO, is,
and at all times material herein has been , a labor
organization within the meaning of Section 2(5) of
the Act. -
III. THE UNFAIR LABOR PRACTICES
By withholding, until on or about August 15, the
wage increases due its Jacksonville plant employees
in June, because the Union filed a petition, Respon-
dent has discriminated against its Jacksonville em-
ployees in violation of Section 8(a)(1) and (3) of the
222 NLRB No. 154
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act. Florida Steel Corporation, supra.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
ing of Section 2(6) and (7) of the Act.
ORDER
The activities of the Respondent, set forth in sec-
tion III, above, occurring in connection with its oper-
ations described in section I, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and tend
to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondent has engaged in
unfair labor practices within the meaning of Section
8(a)(1) and (3) of the Act, we shall order that it cease
and desist therefrom and take certain affirmative ac-
tion designed to effectuate the policies of the Act.
Accordingly, we shall order Respondent to make
whole all those employees at Jacksonville for any loss
of pay they may have suffered by reason of the dis-
crimination practiced against them by Respondent
with respect to wages during 1975 and until such
time as the Respondent equally applies its TEAM
program to the Jacksonville employees, with interest
thereon at 6 percent per annum as set forth in Isis
Plumbing & Heating Co., 138 NLRB 716 (1962).
In view of Respondent's recent history of similar
violations,2 we shall order it to cease and desist from
such practices on a -corporatewide basis.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Respondent, Florida Steel Corporation, is an
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act.
2. United Steelworkers of America, AFL-CIO, is
a labor organization within the meaning of Section
2(5) of the Act.
3. By the acts and conduct described in section
III, above, the Respondent has interfered with, re-
strained, and coerced employees in the exercise of
rights guaranteed in Section 7 of the Act and thereby
has engaged in and is engaging in unfair labor prac-
tices within the meaning of Section 8(a)(1) and (3) of
the Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
2 See Florida Steel Corporation, 214 NLRB No . 59 (1974), 215 NLRB No
23 (1974), 220 NLRB No. 57 (1975), 220 NLRB No. 169 (1975); and 221
NLRB No. 65 (1975)
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Florida Steel Corporation, Tampa, Florida, its offi-
cers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Withholding pay raises and/or fringe benefits
from any of its employees throughout its entire oper-
ations corporatewide because employees have chosen
a union to represent them, or because a union has
filed a petition for certification to become the bar-
gaining representative for its employees.
(b) In any other manner interfering with, restrain-
ing, or coercing its employees in the exercise of the
rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Make whole all those employees at its Jackson-
ville, Florida, operation for any loss of pay they may
have suffered by reason of the discrimination prac-
ticed against them by Respondent with respect to
wages during 1975 in accordance with the terms set
forth in the section herein entitled "The Remedy,"
and until such time as the Respondent equally ap-
plies its TEAM program to the Jacksonville employ-
ees.
(b) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
all payroll records, social security payment records,
timecards, personnel records and reports, and all
other records necessary to analyze the amount of
backpay due under the terms of this Order.
(c) Post at its facilities corporatewide copies of the
attached notice marked "Appendix." 3 Copies of said
notice, on forms provided by the Regional Director
for Region 12, after being duly signed by
Respondent's representative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter,
in conspicuous places, including all places where no-
tices to employees, are customarily posted .4 Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material.
3In the event that 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 National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board "
4 For the reasons expressed in fn. 2 of this Decision, we also find that
corporatewide posting is necessary to assure that all Respondent's employ-
ees are made fully aware of their rights and by what process violated rights
can be vindicated
FLORIDA STEEL CORPORATION 957
(d) Notify the Regional Director for Region 12, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT withhold pay raises and/or
fringe benefits from any of our employees
throughout our entire operation corporatewide
because employees have chosen a union- to rep-
resent them or because a union, in this case the
United Steelworkers of America, AFL-CIO,
filed a petition for certification to become the
bargaining representative for our employees.
WE WILL NOT In any other manner interfere
with, restrain, or coerce our employees in the
exercise of their rights under Section 7 of the
Act.
WE WILL make whole all those employees at
our Jacksonville, Florida, operation for any loss
of pay they may have suffered because we dis-
criminated against them with respect to wages
during 1975, with interest at 6 percent, and until
we equally apply our TEAM program to the Jack-
sonville employees.
FLORIDA STEEL CORPORATION