Han-Dee Pak, Inc.

National Labor Relations Board - Board Decisions

Dec 19, 1980

253 N.L.R.B. 898 (N.L.R.B. 1980)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Han-Dee Pak, Inc. and Truckdrivers and Helpers
Local Union No. 728, affiliated with the Inter-
national Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America. Case
10-CA-13721
December 19, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS ANI) PFNELLO
On May 22, 1980, the National Labor Relations
Board issued a Decision and Order' wherein it
found that Respondent had engaged in certain
unfair labor practices within the meaning of Sec-
tion 8(a)(1) and (3) of the National Labor Relations
Act, as amended, and ordered that Respondent
cease and desist therefrom and take certain affirma-
tive action to remedy such unfair labor practices.
As originally presented to the Board, that proceed-
ing also included the above-entitled proceeding as
well as a representation proceeding, all of which
previously had been consolidated by order of the
Regional Director for Region 10. In its Decision
and Order the Board concluded that it was unable
at that time to reach a final disposition of the alle-
gations of the 8(a)(5) misconduct in the above-enti-
tled proceeding because outcome of the representa-
tion proceeding had not yet been resolved." The
Board ordered the representation proceeding re-
manded to the Regional Director for Region 10 for
the counting of certain determinative challenged
ballots, the preparation of a revised tally, and
either the certification of representative or the di-
rection of a second election. The Board further or-
dered that it be advised of the results of the repre-
sentation proceeding. The Board also ordered that
the complaint in the above-entitled proceeding be
severed from the remainder of that proceeding, and
that a final decision thereon be postponed until the
outcome of the representation election had been re-
solved.
Pursuant to the Board's Order, the Regional Di-
rector for Region 10 notified the Board on Novem-
ber 7, 1980, that the revised tally of ballots in the
representation proceeding indicated that, of 151
valid ballots counted, 76 were for and 75 were
against Petitioner Truckdrivers and Helpers Local
Union No. 728, the Charging Party herein. He fur-
249 NLRH 725
2 The S(a}(5) allegations corisiled if urlialeral changc, in job cli,,sili-
catlions and rates of pay of bargaining unit tiipl(oees rllade after fth rep
rescntation election, but before tie oulcone r f the election hald been de
terrmined The Board found Ihat suirh unilateral chlings had tl kin placL
and that the Respondent actcd at it peril inl m lakrig sluch chalgcs peind
ing the outcorne of the electioin
253 NLRB No. 126
ther notified the Board that he had issued a Certifi-
cation of Representative on June 9, 1980, certifying
the Petitioner as the representative of employees in
an appropriate unit.
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 au-
thority in this proceeding to a three-member panel.
Having been notified of the revised tally of bal-
lots and the Certification of Representative in the
underlying representation proceeding, we are now
able to conclude, as alleged by the General Coun-
sel, that Respondent violated Section 8(a)(5) of the
National Labor Relations Act, as amended, by
making unilateral changes in job classifications and
rates of pay of bargaining unit employees after a
representation election had been conducted, but
prior to the determination of the outcome of that
election.3 We will provide as a remedy in our
Order that Respondent bargain upon request with
the Union with respect to these matters, and make
whole with interest any employee who incurred
any monetary loss as a result of the unilateral im-
plementation of these changes, until such date as
Respondent bargains in good faith or to impasse. 4
Interest is to be computed in the manner prescribed
in 'lorida Steel Corporation, 231 NLRB 651
(1977).5
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Han-Dee Pak, Inc., Doraville, Georgia, its officers,
agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Changing terms and conditions of employ-
ment without first bargaining with the Union, with
respect to such matters as job classifications and
wage rates; provided, however, that nothing herein
shall be construed as requiring Respondent to vary
or abandon any economic benefit or any term or
condition of employment which it has heretofore
established.
(b) In any other manner interfering with, re-
straining, or coercing employees in the exercise of
rights guaranteed them in Section 7 of the Act.
:' Sec liA' )'( onnror ( 'he-rolkl R urc. i ( o, In(. and Put O'(nn onr
(Jirrrole rBullA-(;M( ( . In . 2(r) N RH 7()1 (1974), nlrcernent
denied on ither gounids 512 2d 684 (8lh Cir 1975)
4 ( ur ()rdl will prl,,ide. howcvcr. that hnelritt presioul granted tir
crllploNrlrets are t tl he restcinded
S' ca. gell Plumbingrn & I/eurinK ( e. 138 NlRB 7 (Ilh021
Meniher Jenkins sioul d a ard literesl in he hackpa! due hased lon the
f-rnulj set lorthl in ia s disseirt i ()lrnp Wedicai (o rprultln. 25)t
NI R 14 1 99)
898
HAN-DEE PAK. INC.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Upon request, bargain collectively with the
Union as the exclusive representative of the em-
ployees in the bargaining unit hereinafter described
as appropriate and embody in a signed agreement
any understanding which may be reached.
(b) Make whole any employees who may have
suffered monetary losses by reason of the changes
in the terms and conditions of employment specifi-
cally described in paragraph (a) above, with inter-
est.
(c) Preserve and, upon request, make available to
the Board or its agents, for examination and copy-
ing, all payroll records, social security payment re-
cords, timecards, personnel records and reports,
and all other records necessary to analyze the
amount of backpay due under the terms of this
Order.
(d) Post at its Doraville, Georgia, plant copies of
the attached notice marked "Appendix. " " Copies
of said notice, on forms provided by the Regional
Director for Region 10, after being duly signed by
its authorized 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
notices to employees are customarily posted. Rea-
sonable steps shall be taken by Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
(e) Notify the Regional Director for Region 10,
in writing, within 20 days from the date of this
Order, what steps Respondent has taken to comply
herewith.
6 In the event that his Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "Posled By
Order of the National Labor Relations Board" shall read "Posted Pursu-
ant To a Judgment of the United States Clourt of Appeals nfiircing an
Order or the Nailonal abor Relations Board"
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
After a hearing at which all sides had an opportu-
nity to present evidence and state their positions,
the National Labor Relations Board found that we
have violated the National Labor Relations Act, as
amended, and has ordered us to post this notice.
WE WILL NOT fail and refuse, upon request,
to recognize and meet and bargain collectively
with Truckdrivers and Helpers Local No. 728,
affiliated with the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, as the duly certified rep-
resentative of our employees in the following
unit:
All production, maintenance and cleanup
employees, warehouse employees, quality
control employees, janitors and truckdrivers
employed by us at our plant located at 400
Weaver Way, Doraville, Georgia, but ex-
cluding all office clerical employees, profes-
sional employees, guards and supervisors as
defined in the Act.
WE WILL NOT unilaterally change terms and
conditions of employment with respect to such
matters as job classifications and wage rates
without prior notification to and bargaining
with Local Union No. 728.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of rights guaranteed them by Section
7 of the National Labor Relations Act.
WE WILL make whole with interest any of
our employees who may have suffered mone-
tary losses because of the changes we made
with respect to job classifications and wage
rates without prior notification to and bargain-
ing with Local Union No. 728.
WE WILL, upon request, bargain collectively
in good faith with Local Union No. 728 as the
exclusive representative of the employees in
the appropriate unit described above and, if
any understanding is reached, embody such
understanding in a signed agreement.
HAN-DEE PAK, INC.
899