Hanson Aggregates

National Labor Relations Board - Unpublished Board Decisions

Jul 18, 2011

04-CA-034678 (N.L.R.B. Jul. 18, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
HANSON AGGREGATES BMC, INC.
and Cases 4-CA-34678
4-CA-35134
INTERNATIONAL UNION OF 4-CA-35140
OPERATING ENGINEERS LOCAL 542, 4-CA-35189
AFL-CIO 4-CA-35487
4-CA-35553
4-CA-36099
4-CA-36256
4-CA-36468
4-CA-36530
4-CA-37161
4-CA-37348
DECISION AND ORDER
Statement of the Cases
On May 9, 2011, Hanson Aggregates BMC, Inc. (the Respondent), and the
Acting General Counsel of the National Labor Relations Board entered into a Unilateral
Formal Settlement Stipulation, subject to the Board’s approval, providing for the entry of
a consent order by the Board and a consent judgment by any appropriate United States
Court of Appeals. The parties waived all further and other proceedings before the
Board to which they may be entitled under the National Labor Relations Act, as
amended, and the Board’s Rules and Regulations, and the Respondent waived its right
to contest the entry of a consent judgment or to receive further notice of the application
therefor.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following:
Findings of Fact
1. The Respondent’s business
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The Respondent is a Delaware corporation with a quarry in Penns Park,
Pennsylvania (the quarry), and is engaged in extracting and processing crushed stone
and manufacturing bituminous asphalt.
In conducting its business operations during the one-year period ending
December 31, 2008, and on an annual basis, the Respondent sold and shipped goods
and materials valued in excess of $50,000 directly to points located outside the
Commonwealth of Pennsylvania.
At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Sections 2(2), (6), and (7) of the Act.
2. The labor organization involved
International Union of Operating Engineers Local 542, AFL-CIO (the Union) is a
labor organization within the meaning of Section 2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent (the unit) constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
All full-time and regular part-time Motor Operators, Plant Operators, Truck
Drivers, Laborers, Mechanics, Welders and maintenance employees
employed by Respondent at the quarry, excluding all other employees,
including temporary employees, Laboratory Technicians, office clerical
employees, managers, guards and supervisors as defined in the Act.
On September 9, 2004, the Union was certified as the exclusive collective
bargaining representative of the Unit.
At all times since September 9, 2004, based on Section 9(a) of the Act, the Union
has been the exclusive collective-bargaining representative of the unit.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that:
The Respondent, Hanson Aggregates BMC, Inc., Penns Park, Pennsylvania, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Telling employees that there was no Union representation because the Union
pulled the stewards out of the facility.
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(b) Threatening employees that it would fire employees who supported the Union.
(c) Making any changes to the eligibility requirements for the annual safety bonus
program without giving the Union notice and an opportunity to bargain over any
changes, and absent an overall impasse in good faith bargaining for a collective-
bargaining agreement.
(d) Selecting employees for promotion, promoting them, and changing their rate of
pay without first giving the Union notice and an opportunity to bargain and absent an
overall impasse in good faith bargaining for a collective-bargaining agreement.
(e) Changing the payment schedule for the annual safety bonus payment
covering unit employees without first giving the Union notice and an opportunity to
bargain and absent an overall impasse in good faith bargaining for a collective-
bargaining agreement.
(f) Failing and refusing to bargain with the Union as the exclusive collective-
bargaining representative of employees in the unit by unilaterally changing the terms
and conditions of employment of these employees absent an overall impasse in good
faith bargaining for a collective-bargaining agreement and without first giving the Union
notice and an opportunity to bargain.
(g) Failing and refusing to bargain with the Union as the exclusive collective-
bargaining representative of employees in the unit by failing to provide, or to timely
provide, the Union with requested information that is relevant and necessary for the
Union to perform its duties as the exclusive collective-bargaining representative of the
unit employees.
(h) Changing employees’ work schedules such that they would have less than 9.5
hours turnaround time between the ending of one shift and the beginning of another
absent an overall impasse in good faith bargaining for a collective-bargaining
agreement and without first giving the Union notice and an opportunity to bargain.
(i) In any other manner interfering with, restraining, or coercing its employees in
the exercise of their right to self organization, to form labor organizations, to join or
assist the Union or any other labor organization, 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.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Upon request, bargain collectively and in good faith concerning wages, hours,
and other terms and conditions of employment with the Union as the exclusive
representative of all the employees in the bargaining unit set forth below, and, if an
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understanding is reached, embody such understanding in a written, signed agreement.
The bargaining unit at the Respondent’s Penns Park, Pennsylvania facility is:
All full-time and regular part-time Motor Operators, Plant Operators, Truck
Drivers, Laborers, Mechanics, Welders and maintenance employees
employed by Respondent at the quarry, excluding all other employees,
including temporary employees, Laboratory Technicians, office clerical
employees, managers, guards and supervisors as defined in the Act.
(b) Refrain from making any changes to the terms and conditions of employment
of employees in the unit absent an overall impasse in good faith bargaining for a
collective-bargaining agreement and without first giving the Union notice and an
opportunity to bargain.
(c) Within 14 days of the Board’s approval of this Agreement, upon request from
the Union, rescind the promotions of the following individuals and reduce their wages to
reflect the positions to which they are returned.
Michael Kleban
Donald Filkins
Joseph Leonard
Samantha Morrison
(d) Within 14 days after service by the Region, post at its facility in Penns Park,
Pennsylvania copies of the attached notice marked “Appendix.” Copies of the notice,
on forms provided by the Regional Director for Region 4, after being signed by the
Respondent’s authorized representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous places, including all places where
notices to employees are customarily posted. Reasonable steps shall be taken by the
Respondent to ensure that such notices are not altered, defaced, or covered by any
other material.
(e) Within 21 days after service by the Region, file with the Regional Director a
sworn certification, on a form provided by the Region, attesting to the steps the
Respondent has taken to comply therewith.
Dated, Washington, D.C., July 18, 2011.
___________________________________
Craig Becker, Member
___________________________________
Mark Gaston Pearce, Member
___________________________________
Brian E. Hayes, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX
NOTICE TO EMPLOYEES
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
POSTED PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE UNITED STATES COURT
OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO
 Form, join or assist a union;
 Choose representatives to bargain with us on your behalf;
 Act together with other employees for your benefit and protection;
 Choose not to engage in any of these protected activities.
WE WILL NOT do anything that interferes with these rights.
WE WILL NOT tell you that you do not have Union representation because the Union
pulled its stewards out of our facility.
WE WILL NOT tell you that we will discharge employees who support the Union.
WE WILL NOT refuse to bargain in good faith with the Union as the exclusive collective-
bargaining representative of our employees in the appropriate bargaining unit at our
Penns Park, Pennsylvania facility, which consists of the following employees:
All full-time and regular part-time Motor Operators, Plant Operators, Truck
Drivers, Laborers, Mechanics, Welders and maintenance employees
employed by us at the quarry, excluding all other employees, including
temporary employees, Laboratory Technicians, office clerical employees,
managers, guards and supervisors as defined in the Act.
WE WILL NOT refuse to bargain with the Union as the exclusive collective-bargaining
representative of employees in the unit set forth above by unilaterally changing the
terms and conditions of employment of these employees absent an overall impasse in
good faith bargaining for a collective-bargaining agreement and without first giving the
Union notice and an opportunity to bargain.
WE WILL NOT refuse to bargain with the Union as the exclusive collective-bargaining
representative of employees in the unit set forth above by failing to provide, or to timely
provide, the Union with requested information that is relevant and necessary for the
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Union to perform its duties as the exclusive collective-bargaining representative of the
unit employees.
WE WILL NOT change the eligibility requirements for our annual safety bonus program
and WE WILL NOT change the payment schedule of our annual safety bonus program
without first providing the Union with notice about the proposed change and offering to
bargain with the Union about it.
WE WILL NOT select bargaining unit employees for promotion, promote bargaining unit
employees, or change their rate of pay without first providing the Union notice about the
proposed change and offering to bargain with the Union about it.
WE WILL NOT change employees’ work schedules such that they would have less than
9.5 hours turnaround time between the ending of one shift and the beginning of another
absent an overall impasse in good faith bargaining for a collective-bargaining
agreement and without first giving the Union notice and an opportunity to bargain.
WE WILL NOT, in any other manner, interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you by Section 7 of the National Labor Relations Act.
Some of those rights are described at the top of this notice.
WE WILL, if the Union requests it, rescind the promotions of Michael Kleban, Donald
Filkins, Samantha Morrison and Joseph Leonard and reduce their wages to reflect the
positions to which they are returned.
WE WILL, on request, bargain with the Union as the exclusive representative of our
employees, and if an understanding is reached, reduce it to writing and sign it.
WE WILL refrain from making any changes to the terms and conditions of employment
of employees in the unit absent an overall impasse in good faith bargaining for a
collective-bargaining agreement and without first giving the Union notice and an
opportunity to bargain.
HANSON AGGREGATES BMC, INC.
(Employer)
DATE: ______________________ BY: ______________________________
(Representative) (Title)