Good Foods Manufacturing & Processing Corp.

National Labor Relations Board - Board Decisions

Nov 30, 1972

200 N.L.R.B. 623 (N.L.R.B. 1972)

GOOD FOODS MFG
Good Foods Manufacturing & Processing Corpora-
tion , Chicago Lamb Packers , Inc -Division and
Local Union No 87 , Amalgamated Meat Cutters
and Butcher Workmen of North America , AFL-CI-
0 Case 13-CA-9994
November 30, 1972
SUPPLEMENTAL DECISION AND
AMENDED ORDER
On February 16, 1972, the National Labor Rela-
tions Board issued its Decision and Order in the
above-entitled proceeding,' requiring Respondent,
inter alga, to honor, adopt, and enforce its predeces-
sor's collective-bargaming agreement with the Un-
ion
Subsequently, on May 15, 1972, the Supreme Court
issued its decision in N L R B v Burns International
Security Services, Inc 2
As a result of the Court's decision in Burns, the
Board, on July 31, 1972, issued and duly served on
the parties a Notice To Show Cause as to extent its
Decision and Order herein should be modified in
light of the Court's decision The General Counsel
and the Charging Party filed responses,3 which the
Board has duly considered 4
The Supreme Court held in Burns that a successor
employer is not required, as a matter of law, to
assume the contractual obligations of its predecessor
We find that the Court's decision requires the
deletion of those parts of our original Orders which
would require Respondent to honor and adopt its
predecessor's contract, and to make its employees
whole for withholding benefits provided for in the
contract We shall amend the Order accordingly 6
However, it is clear that Respondent planned to,
and did, retain all of its predecessor's employees in
the unit, and that those employees were represented
by the Union and constituted a majority of the unit
both before and after the transfer of ownership
Accordingly, we reaffirm the balance of our original
Order, which includes requiring Respondent to
bargain with the Union and to make whole all
employees for any benefits, including health, welfare,
and pension payments earned by the employees and
due to the Union, withheld by virtue of any
unilateral changes Respondent may have instituted
in the terms and conditions of employment, includ-
ing those unilateral changes it made immediately
upon its takeover of the enterprise 7
AMENDED ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
AND PROCESSING 623
Relations Board amends its Order of February 16,
1972, as follows
1 Delete paragraphs 1(d) and 2(d) of the Board's
Order and reletter the succeeding paragraphs accord-
ingly
2 Delete from paragraph 2(e) of the Board's
Order the words "for a succeeding agreement "
3 Substitute the attached Appendix for that
attached to our Decision and Order of February 16,
1972
1 195 NLRB No 83
2 406 U S 272 (1972)
3 Respondent did not respond to the Notice To Show Cause
4 The Charging Party s request for oral argument is denied inasmuch as
the responses adequately present the positions of the parties
5 Contrary to the contentions of the Charging Party and the General
Counsel we find the evidence is not sufficient to warrant a finding that
Respondent as a matter of fact assumed the rights and obligations of its
predecessor s collective bargaining agreement
6 The underscored words including fn 4 in the following sentence in
part I of our original Decision are also deleted
We shall order Respondent to honor adopt and enforce the collective
bargaining agreement for the duration of its term, 4 to bargain collectively
with the Union upon request for a succeeding agreement and if an
understanding is reached to embody such understanding in a signed
agreement
Further the underscored words in the following sentence in part 2 of our
original Decision herein are deleted
Accordingly we shall order it to make all employees whole both for
all benefits which they may have lost by virtue of these unilateral
changes and also for all contractual benefits unlawfully withheld from
them by virtue of its failure to abide by the provisions of the collective
bargaining agreement
7 N L R B v Burns International Security Services Inc 406 U S 272 294
et seq Howard Johnson Company 198 NLRB No 98
APPENDIX
NOTICE TO ALL EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT coercively interrogate employees
about their union membership, activities, or
sympathies
WE WILL NOT threaten employees with closure
of our plant to discourage employee membership
in, or support of, Local Union No 87, Amalga-
mated Meat Cutters and Butcher Workmen of
North America, AFL-CIO, or any other labor
organization
WE WILL NOT discharge or otherwise discrimi-
nate against employees because they join, assist,
or give support to Local Union No 87, Amalga-
mated Meat Cutters and Butcher Workmen of
North America, AFL-CIO, or any other labor
organization
WE WILL bargain, upon request, with Local
Union No 87, Amalgamated Meat Cutters and
Butcher Workmen of North America, AFL-CIO,
and, if an understanding is reached, embody such
understanding in a signed agreement
200 NLRB No 86
624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT make unilateral changes with
respect to wages, hours, and terms and conditions
of employment of the employees in the bargain-
ing unit without consultation with Local Union
No 87, Amalgamated Meat Cutters and Butcher
Workmen of North America, AFL-CIO, or any
other labor organization which may represent
them in the future
WE WILL make the employees whole for any
benefits which may have been lost by virtue of
any unilateral changes we may have instituted in
the terms and conditions of employment without
consultation with Local Union No 87, Amalga-
mated Meat Cutters and Butcher Workmen of
North America, AFL-CIO
WE WILL pay to the Union any amounts due
for health, welfare, and pension payments earned
by these employees during the period of their
employment with the Respondent
WE WILL offer to Nathan Brown, Anthony
DiVizio, Hugh Franklin, Wardell Ollie, Quincy
Totten, and Alonzo Woodson immediate and full
reinstatement to their former positions or, if those
positions no longer exist, to substantially equiva-
lent positions, without prejudice to their seniority
or other rights and privileges, and make them
whole for any loss of pay they may have suffered
by reason of our discrimination against them
WE WILL NOT interfere with, restrain, or coerce
employees in the exercise of their rights to self-
organization, to form, join, or assist labor
organizations, to bargain collectively through
representatives of their own choosing, and to
engage in other concerted activities for the
purpose of collective bargaining or other mutual
aid or protection, or to refrain from any and all
such activities
GOOD FOODS
MANUFACTURING &
PROCESSING
CORPORATION, CHICAGO
LAMB PACKERS
INC -DIVISION
(Employer)
Dated By
(Representative) (Title)
We will notify immediately Alonzo Woodson, if
presently serving in the Armed Forces of the United
States, of the right to full reinstatement, upon
application after discharge from the Armed Forces,
in accordance with the Selective Service Act and the
Universal Military Training and Service Act
This an official notice and must not be defaced by
anyone
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
Any questions concerning this notice or compli-
ance with its provisions may be directed to the
Board's Office, Room 881, Everett Dirksen Building,
219 South Dearborn Street, Chicago, Illinois 60604,
Telephone 312-353-7572