135 N.L.R.B. 971 (N.L.R.B. 1962)

Guild Industries Manufacturing Corp.

National Labor Relations Board - Board DecisionsFeb 8, 1962

135 N.L.R.B. 971 (N.L.R.B. 1962)

GUILD INDUSTRIES MANUFACTURING CORP. 971 In view of the foregoing, we find that the following employees of the Employer constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees at the Employer's Tulsa, Oklahoma, hotel, including the night auditor, food comptroller, accounts receivable clerk, store- room man, linen closet attendant, inspectress, seamstress, sales repre- sentative, and all regular part-time waiters, but excluding general office clerical employees, auditors, hostesses, bell captains,' engineers, professioral employees, watchmen, guards, timekeepers, backdoor man; and all supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 7 The parties agree, and we find that the hostesses and bell captains are supervisors within the meaning of the Act They are therefore excluded. 8 Both parties agree that the backdoor man should be excluded , but the Petitioner would include the two timekeepers , who work at the rear door with the backdoor man, check to see that all employees punch timecards , and prevent the ingress of unauthorized persons. As the function of both classifications is, at least in part, to protect the Employer's prop- erty, we find that they satisfy the Board's definition of guards and exclude them See Thomas Jefferson Hotel, supra, p 204. Guild Industries Manufacturing Corp . and Florida State Council of Carpenters , United Brotherhood of Carpenters and Joiners of America , AFL-CIO Guild Industries Manufacturing Corp ., and Paul A . Saad , Attor- ney and Florida State Council of Carpenters, United Brother- hood of Carpenters and Joiners of America , AFL-CIO Guild Industries Manufacturing Corp., and Paul A . Saad and L. W. Rushing. Cases Nos. 12-CA-1562, 12-CA-1703, 12-CA- 1783, 12-CA-1784, and 12-CA-1785. February 8, 1962 DECISION AMENDING ORDER On November 1, 1961, the Board issued its Decision and Order in the above-entitled proceeding,' finding that the Respondents had en- gaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action. Thereafter, on December 20, 1961, the Regional Director for the Twelfth Region, on behalf of the General Counsel, filed a motion to modify the Board's Order so as to require Respond- ent Saad to take certain affirmative action which the Regional Director believed the Board had failed to order through an oversight. On January 9, 1962, Respondents Paul A. Saad and Guild Industries Manufacturing Corp. filed an answering motion requesting the Board 1 133 NLRB 1719 135 NLRB No. 93. 972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to strike the motion of the General Counsel, and setting forth their own objections to the Board's Order. The Board is satisfied that its Order and the notice required to be posted thereunder did not clearly set forth the separate violations of each Respondent or their respective obligations under the Order. Having fully considered the motions filed herein by the Regional Director for the General Counsel and the Respondents, it hereby issues' the following : AMENDED ORDER Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that : r A. Respondent Guild Industries Manufacturing Corp., St. Peters- burg, Florida, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in and activities on behalf of United Brotherhood of Carpenters and Joiners of America, AFL-CIO, or any other labor organization of its employees, by discharging or re- ducing their employment or in any other manner discriminating in regard to their hire or tenure of employment, or any other term or condition of employment. (b) Interrogating employees regarding their union membership or activities in a manner constituting interference, restraint, or coercion within the meaning of Section 8 (a) (1) of the Act, uttering threats of reprisal, or in any other manner interfering with, restraining, or coercing employees in the exercise of the right to self-organization, to form or assist labor organizations, to join or assist the above-named or any other labor organization, to bargain collectively through repre- sentatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protec- tion as guaranteed in Section 7 of the Act, and to refrain from any and all such activities. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer Elizabeth Hughes immediate and full reinstatement to her former or substantially equivalent position, without prejudice to her seniority or other rights and privileges, and make her and Herman Litka whole for any loss of earnings they may have suffered as a re- sult of the discrimination against them, as provided in the section of the Intermediate Report entitled "The Remedy." (b) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, social se- curity payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due and the right to reinstatement under the terms of this Order. GUILD INDUSTRIES MANUFACTURING CORP. 973 (c) Post at its plant in St. Petersburg, Florida, copies of the notice attached hereto marked "Appendix A." Copies of this notice, to be furnished by the Regional Director for the Twelfth Region, shall, after being duly signed by Respondent Guild Industries Manufactur- ing Corp., be posted immediately upon receipt thereof, and be main- tained for 60 consecutive days thereafter, in conspicuous places, in- cluding all places where notices to employees are customarily posted. In the same manner, it shall post copies of "Appendix B," signed by Respondent Saad, to be furnished by the Regional Director. Reason- able steps shall be taken to insure that said notices are not altered, de- faced, or covered by any other material.' (d) Notify the Regional Director for the Twelfth Region, in writ- ing, within 10 days from the date of this Order, what steps it has taken to comply herewith. B. Respondent Paul A. Saad shall: 1. Cease and desist from : ' (a) Interrogating employees of Guild Industries Manufacturing Corp., St. Petersburg, Florida, regarding their union membership or activities in a manner constituting interference, restraint, or coercion within the meaning of Section 8(a) (1) of the Act. (b) In any like or related manner interfering with, restraining, or coercing employees of Guild Industries Manufacturing Corp., in the exercise of the right to self-organization , to form or assist labor organ- izations , to,join or assist any labor organization , to bargain collectively through representatives of their own choosing, and to engage in con- certed activities for the purpose of collective bargaining or other mu- tual aid or protection as guaranteed in Section 7 of the Act, and to refrain from any and all such activities. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Sign and mail to the Regional Director for the Twelfth Region copies of the notice attached hereto marked "Appendix B." ' Copies of said notice, to be furnished by the Regional Director for the' Twelfth Region , shall, after being duly signed by Respondent Saad, be forth- with returned to the Regional Director for posting by Guild Industries Manufacturing Corp., at its plant in St. Petersburg, Florida, in the manner prescribed in section A, 2, (c), above. (b) Notify the Regional Director for the Twelfth Region, in writ- ing, within 10 days from the date of this Order, what, steps he has taken to comply herewith. IT IS FURTHER ORDERED that the complaint be, and it hereby is, dis- missed insofar as it alleges that the discharge of Elizabeth Hughes by 2In the event that this Order is enforced by a decree of a United States Court of Appeals , there shall be substituted , in the notices, for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order." 974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Respondent Guild Industries Manufacturing Corp. was in violation of Section 8(a) (4). MEMBER RODGERS took no part in the consideration of the above Decision Amending Order. APPENDIX A NOTICE TO ALL OUR EMPLOYEES Pursuant .to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify you that : WE WILL NOT discourage membership in or activities on behalf of United Brotherhood of Carpenters and Joiners of America, AFL-CIO, or any other labor organization, by discharging, re- ducing employment, or in any other manner discriminating against our employees in regard to their hire or tenure of employ- ment, or any term or condition of employment. WE WILL NOT coercively or unlawfully interrogate our employ- ees regarding their union, membership. or activities, or make threats of reprisal: WE `WI L NOT. in any other manner interfere, with, restrain, or -coerce our employees inr the exercise of their right 'to self- organization, to form labor organizations, ' to' join 'o'r 'assist the above-named or any other, labor organization, to bargain collec- tively through representatives of their own choosing, and to en- gage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and to refrain from any or all such activities. WE WILL. offer Elizabeth Hughes immediate and full reinstate- merit to. her former, or, substantially equivalent position, without prejudide to her seniority or other rights and privileges, and make her and Herman Litka whole for any loss of earnings they may have suffered as a result of the discrimination against them. GUILD INDUSTRIES MANUFACTURING CORP., Employer. Dated---------------- By=------------------------------------ (Representative) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office (Boss Building, 112 East Cass Street, Tampa, Florida; Tele- phone Number, 223-4623) if they have any question concerning this notice or compliance with its provisions. CARTERET TOWING COMPANY, INC. APPENDIX B NOTICE TO ALL EMPLOYEES OF GUILD INDUSTRIES MANUFACTURING CORP. 975 Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, I hereby notify you that: I WILL NOT interrogate employees of Guild Industries Manu- facturing Corp., regarding their union membership or activities in a manner constituting interference, restraint, or coercion within the meaning of Section 8 (a) (1) of the Act. I WILL NOT in any like or related manner interfere With, restrain, or coerce employees of Guild Industries Manufacturing Corp. in the exercise of the right to self-organization, to form or assist labor organizations, to join or assist any labor organization, to bargain collectively through representatives of their own choos- ing, and to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act, and to refrain from any and all such activities. PAUL A. SAAD, Respondent. Attorney for Guild Industries Mann f actwrinq Corp. This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board' s Regional Office (Boss Building, 112 East Cass Street, Tampa, Florida; Tele- phone Number 223-4623) if they have any question concerning this notice or compliance with its provisions. Carteret Towing Company , Inc. and Inland Boatmen 's Union of Seafarers International Union of North America, Atlantic, Gulf, Lakes & Inland Waters, AFL -CIO. Case No. 11-CA-1806. February 9, 1962 DECISION AND ORDER Upon charges duly filed by Inland Boatmen's Union of Seafarers International Union of North America, Atlantic, Gulf, Lakes & In- land Waters, AFL-CIO, herein called the Union, the General Counsel of the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region, issued a complaint dated September 11, 1961, against Carteret Towing Company, Inc., 135 NLRB No. 101.