General Electric Co.

National Labor Relations Board - Board Decisions

Mar 9, 1971

188 N.L.R.B. 919 (N.L.R.B. 1971)

GENERAL ELECTRIC CO. 919
General Electric Company and International Union of
Electrical , Radio and Machine Workers , AFL-CIO-
CLC. Case 10-CA-7668
March 9, 1971
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
JENKINS
On June 30, 1970, the National Labor Relations
Board issued a Decision and Order I and, on July 14,
1970, an Order Correcting Decision and Order, in the
above-entitled proceeding. The Board found that the
Respondent had engaged in and was engaging in un-
fair labor practices in violation of Section 8(a)(5) and
(1) of the National Labor Relations Act, as amended,
by denying the Union's request that the Respondent
supply it with correlated wage information which the
Respondent had obtained as a result of an area wage
survey it conducted in 1968, and ordered the Respon-
dent to furnish such information to the Union, upon
request, and to take certain other action to remedy
such unfair labor practices.
Thereafter, on August 12, 1970, the Respondent
filed a Motion for Reconsideration, Reopening of the
Record, and Consolidation of Cases to Present Oral
Argument. The Respondent contended, inter alia, that
since the wage survey information was obtained from
other employers on a confidential basis, the Board
erred in failing to balance the Union's alleged need
for correlated wage information against the effect that
the divulgence of such information would have on the
willingness of employers to furnish such data in the
future. It moved that the Board reconsider its Deci-
sion and Order, and, upon reconsideration, not re-
quire the Respondent to furnish the correlated wage
survey information sought by the Union. In the alter-
native, the Respondent moved that the record herein
be reopened for the purpose of placing therein certain
information and evidence, and that the instant case be
consolidated with two other similar cases pending be-
fore the Board, involving the same parties, General
Electric Company (Dover Wire and Fabrication Opera-
tion), Case 8-CA-5418, and General Electric Compa-
ny, Case 19-CA-4458, for oral argument with
reference to furnishing correlated wage data. There-
after, the Union filed opposition to the Respondent's
Motion for Reconsideration, and, by special permis-
sion of the Board, the Chamber of Commerce of the
United States, and Midwest Industrial Management
Association filed briefs amicus curiae in support of the
Respondent's Motion for Reconsideration.
184 NLRB No 45
On September 2, 1970, the Board issued a Notice of
Hearing in which the Board, inter alia, consolidated
Cases 8-CA-5418, 10-CA-7668, and 19-CA-4458 for
oral argument before the Board in Washington, D.C.
Pursuant thereto, on October 5, 1970, argument was
held in the consolidated proceeding at which time all
parties were represented and presented their posi-
tions.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its powers
in connection with this case to a three-member panel
who heard oral argument.
The Board has duly considered the Respondent's
motion for reconsideration, the Union's opposition,
the briefs amicus curiae, and the oral arguments. The
Respondent's motion for reconsideration is granted.
However, we are of the opinion that no material error
of law or fact has been presented to warrant reversal
of the Board's decision.' Finally, in the absence of any
newly discovered or previously unavailable evidence
as required by Board Rules and Regulations, Section
102.48 (d)(1), the Board denies Respondent's motion
to reopen the record. Accordingly, we shall reaffirm
the unfair labor practice findings and the remedy pro-
vided therefor in the original Decision and Order
herein.
ORDER
In view of the foregoing, and on the basis of the
record as a whole, the National Labor Relations
Board reaffirms its Order of June 30, 1970, in this
proceeding.
IT IS ALSO ORDERED that the Respondent's Motion
for Reconsideration be, and it hereby is, dismissed.
IT IS FURTHER ORDERED that the Respondent's Mo-
tion to Reopen the Record be, and it hereby is, de-
nied.
2 Accord, General Electric Company (Dover), 188 NLRB No 105, General
Electric Company (Seattle), 188 NLRB No 107
188 NLRB No. 106