Garner/Morrison, LLC

National Labor Relations Board - Unpublished Board Decisions

Aug 18, 2011

28-CA-021311 (N.L.R.B. Aug. 18, 2011)

NOT INCLUDED IN LBP
BOUND VOLUMES Tempe, AZ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GARNER/MORRISON, LLC
and Case 28-CA-21311

INTERNATIONAL UNION OF PAINTERS AND ALLIED
TRADES, DISTRICT COUNCIL #15, LOCAL UNION
#86, AFL-CIO-CLC
and Case 28-CB-6585
SOUTHWEST REGIONAL COUNCIL OF CARPENTERS
ORDER DENYING MOTION FOR RECONSIDERATION
On May 27, 2011, the National Labor Relations Board issued a Decision
and Order Remanding1 in this proceeding, finding that Respondent
Garner/Morrison (Garner/Morrison) violated Section 8(a)(1) of the Act by
engaging in surveillance of its employees’ union activities and violated Section
8(a)(2) and (1) of the Act by assisting and recognizing the Respondent
Southwest Regional Council of Carpenters (the Carpenters). The Board further
found that the Carpenters violated Section 8(b)(1)(A) of the Act by accepting
such assistance and recognition and by entering into a collective-bargaining
agreement with Garner/Morrison. To remedy the unfair labor practices, the
Board ordered the Respondents to cease and desist and to take certain

1 356 NLRB No. 163.
2
affirmative action designed to effectuate the policies of the Act.2 Finally, the
Board severed a complaint allegation that Garner/Morrison unlawfully
interrogated employee Gary Servis and remanded that allegation to the judge for
further appropriate action.3 On June 26, 2011, Respondent Garner/Morrison filed
a motion for reconsideration, and Respondent Carpenters filed a notice that it
was joining the motion.
The National Labor Relations Board has delegated its authority in this
proceeding to a three-member panel.
Having duly considered the matter, the Board finds that the Respondents’
(the Union is joining) motion fails to present “extraordinary circumstances”
warranting reconsideration under Section 102.48(d)(1) of the Board’s Rules and
Regulations.4
IT IS ORDERED, therefore, that the motion for reconsideration is denied.

2 Contrary to Garner/Morrison’s contention, our Order should not be
interpreted as requiring a Board certification of representative before
Garner/Morrison may lawfully recognize the Carpenters (or any other labor
organization) as its employees’ Sec. 8(f) collective-bargaining representative.
Our Order is consistent with the Board’s remedy in similar cases arising in the
construction industry. See Clock Electric, Inc., 338 NLRB 806, 808 (2003).
3 On April 29, 2009, after the two-Member Board issued its Decision and
Order remanding, the judge issued a supplemental decision dismissing this
interrogation allegation. No exceptions were filed to that dismissal.
Consequently, this allegation requires no further proceedings.
4 In its motion, Respondent Garner/Morrison for the first time cites Coamo
Knitting Mills, 150 NLRB 579 (1964), in support of its argument that, even
assuming that it unlawfully surveilled employees while they signed union
authorization cards, such unlawful surveillance did not taint the Carpenters’
showing of majority support. Although Garner/Morrison’s belated citation of this
case does not establish “extraordinary circumstances” Coamo Knitting Mills is
nonetheless distinguishable. In that case there was no complaint allegation,
much less any Board finding, that the employer engaged in unlawful surveillance
of employees signing authorization cards.
3
Dated, Washington, D.C., August 18, 2011.
______________________________________
Wilma B. Liebman, Chairman
______________________________________
Craig Becker, Member
______________________________________
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD