Harvstone Manufacturing Corp. And Duray Fluorescent Manufacturing Co And American Fluorescent Corp And House O Lite Corp.

National Labor Relations Board - Board Decisions

Oct 25, 1984

272 N.L.R.B. 939 (N.L.R.B. 1984)

HARVSTONE MFG CORP 939
Harvstone Manufacturing Corporation and Duray
Fluorescent Manufacturing Co and American
Fluorescent Corp and House 0 Lite Corpora
tion and Local Union No 134, International
Brotherhood of Electrical Workers Cases 13-
CA-22790 13-CA-22839 13-CA-22840 and
13-CA-22841
25 October 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 29 February 1984 Administrative Law Judge
Stanley N Ohlbaum issued the attached decision
The Respondents filed exceptions and a supporting
brief the General Counsel, filed, cross exceptions
and a supporting brief the Charging Party filed a
brief and the Respondents filed an answering brief
to the General Counsel s cross exceptions
The National Labor Relations Board has delegat
ed its authority in this proceeding to a three
member panel 1 t
The Board has considered the decision and the
record in light of the exceptions and briefs and has
decided to affirm the judge s rulings findings and
conclusions' and to adopt the recommended Order
as modified
, ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge as modified below and orders that the Re
spondents Harvstone Manufacturing Corporation
Elk Grove Village Illinois Duray Fluorescent
Manufacturing Co Chicago Illinois American
Fluorescent Corp Chicago Illinois and House 0
Lite Corporation Chicago Illinois their officers
agents successors and assigns shall take the action
set forth in the Order as modified
1 Delete paragraphs A 1 a A 2 a(1) B 1 a
B 2 a(1) C 1 a and C 2 a(1) and reletter the subse
quent paragraphs t
2 Substitute the attached notices for the adminis
trative law judge s Appendices B C and D
' We agree with the Judge s conclusion that the parties had not
reached Impasse when the Respondents commenced unilaterally altering
the employees terms and conditions of employment In so doing howev
er we rely solely on his finding that the Respondents unlawfully refused
to provide certain financial records to the Union We do not find how
ever that the Respondents unlawfully discontinued Christmas bonuses
prizes and parties because we find them to be in the nature of gifts rather
than terms and conditions of employment See Benchmark Industries 270
NLRB 22 (1984)
APPENDIX B
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 full opportu
nity to present evidence and argue their positions
the National Labor Relations Board has decided
that we violated the National Labor Relations Act
by failing to bargain collectively in good faith with
Local Union No 134 International Brotherhood of
Electrical Workers (your duly authonzed exclusive
collective bargaining representative) through our
unilateral discontinuance and withdrawal of various
of your job benefits (namely the 5 minute paid
washup period at quitting time the vacation sched
uling system paid group insurance for your de
pendents and the furnishing of COLA schedules
and payment of COLAs due on and since 30
August 1982) and through our failure to permit
your Union to see our books and records to verify
claims by us that our financial competitive condi
non is being impaired by your wage and other bar
gaining demands
WE WILL NOT do these or similar things any
more
WE WILL at once reinstate the benefits we have
discontinued and pay you with interest for their
value and WE WILL maintain them in effect until
the outcome of resumed collective bargaining with
your Union
WE WILL on request resume collective bargain
ing with your Union and WE WILL bargain in
good faith with your Union concerning your
wages hours and other terms and conditions of
employment and place into writing and sign any
agreement reached WE WILL also in connection
with such resumed collective bargaining make
available to your Union at its request our financial
books records entries and data regarding any
claim we make as to financial hardship or difficulty
to meet your wage and other demands including
harm to our competitive position in the industry
The collective bargaining unit is
All production and maintenance employees
employed by Harvstone Manufacturing Corpo
ration in its facility located at 1845 Tonne
Road Elk Grove Village Illinois 60007 and
excluding all office and clerical employees )
plant guards and supervisors as defined in the
272 NLRB No 144
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Management Relations Act of 1947 as
amended
HARVSTONE MANUFACTURING COR
PORATION
APPENDIX C
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 full opportu
nity to present evidence and argue their positions
the National Labor Relations Board has decided
that we violated the National Labor Relations Act
by failing to bargain collectively in good faith with
Local Union No 134 International Brotherhood of
Electrical Workers (your duly authorized exclusive
collective bargaining representative) through our
unilateral discontinuance and withdrawal of various
of your job benefits (namely the 5 minute paid
washup period at quitting time paid group insur
ance for your dependents and the furnishing of
COLA schedules and payment of COLAs due on
and since 30 August 1982) and through our failure
to permit your Union to see our books and records
to verify claims by us that our financial competi
tive condition is being impaired by your wage and
other bargaining demands
WE WILL NOT do these or similar things any
more
WE WILL at once reinstate the benefits we have
discontinued and pay you with interest for their
value and WE WILL maintain them in effect until
the outcome of resumed collective bargaining with
your Union
WE WILL on request resume collective bargain
ing with your Union and WE WILL bargain in
good faith with your Union concerning your
wages hours and other terms and conditions of
employment and place into writing and sign any
agreement reached WE WILL ALSO in connection
with such resumed collective bargaining make
available to your Union at its request our financial
books records entries and data regarding any
claim we make as to financial hardship or difficulty
to meet your wage and other demands including
harm to our competitive position in the industry
The collective bargaining unit is
All production and maintenance employees
employed by Duray Fluorescent Manufactur
ing Co in its Chicago Illinois plant and ex
eluding all office and clerical employees plant
guards and supervisors as defined in the
Labor Management Relations Act of 1947 as
amended
DURAY FLUORESCENT MANUFACTUR
ING CO
APPENDIX D
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 full opportu
nity to present evidence and argue their positions
the National Labor Relations Board has decided
that we violated the National Labor Relations Act
by failing to bargain collectively in good faith with
Local Union No 134 International Brotherhood of
Electrical Workers (your duly authorized exclusive
collective bargaining representative) through our
unilateral discontinuance and withdrawal of various
of your job benefits (namely the 5 minute paid
washup period at quitting time the vacation sched
uling system paid group insurance for your de
pendents and the furnishing of COLA schedules
and payment of COLAs due on and since 30
August 1982) and through our failure to permit
your Union to see our books and records to verify
claims by us that our financial competitive condi
tion is being impaired by your wage and other bar
gaining demands
WE WILL NOT do these or similar things any
more
WE WILL at once reinstate the benefits we have
discontinued and pay you with interest for their
value and WE WILL maintain them in effect until
the outcome of resumed collective bargaining with
your Union
WE WILL on request resume collective bargain
ing with your Union and WE WILL bargain in
good faith with your Union concerning your
wages hours and other terms and conditions of
employment and place into writing and sign any
agreement reached WE WILL ALSO in connection
with such resumed collective bargaining make
available to your Union at its request our financial
books records entries and data regarding any
claim we make as to financial hardship or difficulty
to meet your wage and other demands including
harm to our competitive position in the industry
The collective bargaining unit is
All production and maintenance employees
employed by American Fluorescent Corp in
its facility located at 3800 North Milwaukee
Avenue Chicago Illinois 60641 and excluding
HARVSTONE MFG CORP 941
all office and clerical employees plant guards
and supervisors as defined in the Labor Man
agement Relations Act of 1947 as amended
AMERICAN FLUORESCENT CORP
DECISION
Preliminary Statement Issues
STANLEY N OHLBAUM Administrative Law Judge
This proceeding' under the National Labor Relations
Act 29 U S C Sec 151 et seq (Act) was litigated before
me in Chicago Illinois on June 28-30 1983 with all
parties participating throughout and afforded full oppor
tunity to present evidence and contentions as well as to
file posttnal briefs which after Respondents unopposed
application for time extension were received in mid
August 1983 Briefs and record have been carefully con
sidered
The principal issues are whether Respondent Employ
ers violated Section 8(a)(5) and (1) of the Act through
making unilateral changes in wages hours and other
terms and conditions of employment 2 of their collective
bargaining unit employees and failure and refusal to fur
nish necessary bargaining information and data including
access to financial records to support Respondents eco
nomic contentions By affirmative defenses Respondents
in turn assert that Charging Party Union failed to negoti
ate in good faith that Respondents are under no legal
obligation in respect to any COLA adjustment which is
in any event determinable only through arbitration and
that the benefit reductions of the unit employees were
implemented only after good faith bargaining to impasse
On the entire record 3 and my observations of the testi
monial demeanor of the witnesses I make the following
FINDINGS AND CONCLUSIONS
I JURISDICTION
At all material times Respondents Harvstone Manufac
tunng Corporation (Harvstone) Duray Fluorescent
Manufacturing Co (Duray) American Fluorescent
Corp (American) and House 0 Lite Corporation
(House 0 Lite) each an Illinois corporation engaged in
the manufacture or assembly and sale or distribution of
fluorescent lighting equipment and each with an office
and place of business in or near Chicago Illinois have
each in the course and conduct of each of those respec
tive businesses during the representative calendar year
immediately preceding issuance of the consolidated corn
' Consolidated complaint dated February 25 1983 as amended at hear
mg without opposition based on June 16 1983 notice of Intent to amend
growing out of charge filed in Case 13-CA-22790 on December 10 as
amended December 16 and 30 1982 and charges filed in Cases 13-CA-
22839 13-CA 22840 and 13-CA 22841 on December 30 1982
2 Viz Christmas bonuses gifts and parties contractually accrued cost
of living wage adjustment (COLA) vacations paid 5 minute washup
period at end of workday and group Insurance for dependents Attached
Appendix A summarizing the precise Issues raised by the pleadings may
assist the reader [Omitted from publication ]
3 Trial transcript corrected in accordance with NLRB General Coun
sel s unopposed August 12 1983 motion annexed to his brief
plaint purchased and received at each of their aforesaid
respective business locations directly in interstate com
merce from places outside Illinois goods and materials
worth over $50 000 and during the same period each
Respondent has also in its said business sold and
shipped from its aforesaid business location directly in
interstate commerce to places outside Illinois goods and
materials worth over $50 000
I find that at all material times each Respondent has
been and is an employer engaged in commerce within
the meaning of Section 2(2) (6) and (7) and Charging
Party Union a labor organization as defined by Section
2(5) of the Act
II ALLEGED UNFAIR LABOR PRACTICES
A Background
Respondents are fluorescent lighting equipment manu
facturers assemblers and distributors in the Chicago II
linois area Since around 1964 they have recognized and
maintained collective bargaining relationships with
Charging Party Union reflected in written labor agree
ments of which the latest were effective from September
1 1979 through August 31 1982
Eight negotiating sessions commencing on August 11
1982 were held by the parties prior to the August 31
1982 expiration of their latest labor agreement and three
thereafter (Stip Exh 6) No agreement was reached Re
spondents rejected requests by the Union to bargain fur
ther (Jt Exhs 19-23)
B Discussion and Resolution
The controlling facts are largely undisputed being es
tablished by the pleadings and stipulations Thus Re
spondents concede that they unilaterally placed into
effect the changes in wages hours and other terms and
conditions of employment complained of in the coin
plaint (i e elimination of Christmas bonuses gifts and
parties 4 vacation schedules 5 minute washup period at
end of workday contractually stipulated COLAs and
group insurance benefits for dependents) They claim
however that they did so only after they reached im
passe in their negotiations with their employees bar
gaining representative Charging Party Union
It is well settled that an employer may impose changes
in wages hours and other terms and conditions of em
ployment of his collective bargaining unit employees
after bona fide impasse is reached in negotiations fol
lowing good faith bargaining with the employees repre
sentative NLRB v Katz 369 U S 736 (1962) Massey
Ferguson Inc v NLRB 78 LRRM 2289 (7th Cir 1971)
However it is also well settled that impasse is not
reached through insistence by a party—employer or
union—on bargaining about subjects which the other
side is not required to bargain about (known as non
mandatory or permissive subjects) NLRB v Borg
Warner Corp 356 US 342 349 (1958) United Contrac
4 Stipulated by Respondents Harvstone and American established for
over 10 years (Slip Exhs 1 and 3) and by Respondent Duray for some 5
years (Stip Exh 2)
942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tors Inc 244 NLRB 72 (1979) enfd 614 F 2d 134 (7th
Cir 1980) Akron Novelty Mfg Co 224 NLRB 998 1002
(1976) Romo Paper Products Corp 220 NLRB 519 524-
526 (1975) enfd 538 F 2d 312 (2d Cir 1976)
In their previous collective agreement (September 1
1979-August 31 1982 Jt Exh 1 art XIX Stip Exh 6)
the parties had agreed and stipulated that a COLA
was to be paid based on a previous measurement period
involving past consumer price indexes such COLAs to
be effective here on August 30 1982 (within the contract
period) Since COLAs at any rate of this type are
always calculated on the basis of change in the cost of
living during an expired period it is clear that the COLA
calculation for the year prior to August 30 1982 could
not have been effective until August 30 1982 as indeed
provided in that contract It is altogether clear that a
labor contract as any other contract in this case that for
1979-1982 providing for an agreed COLA or an agreed
wage increase or any other agreed term or condition of
employment may contain provisions applicable on or
after expiration of that contract (as here on August 30
1982 reflecting the stipulated COLA) without necessity
for execution or renegotiation of a further or new con
tract (Thus for example stipulated wages do not end on
cessation of a labor contract but continue thereafter the
payment of wages not being dependent on execution or
negotiation of a new contract ) The Board has so held
See Struthers Wells Corp 262 NLRB 1180 (1982) enf
denied on other grounds 721 F 2d 465 (3d Cir 1983) re
lates in court s view to freshly bargained future cost
of living adjustments id at 468 unlike instant case in
volving accrued cost of living adjustments concededly
currently in effect [letter of Respondents negotiator
and counsel] Medman Food Industries 234 NLRB 698
(1978) enfd 108 LRRM 2174 (D C Cir 1979) NLRB v
United Aircraft Corp 490 F 2d 1105 1110 (2d Cir 1973)
enfg in relevant part 199 NLRB 658 (1972) Capitol City
Lumber Co 263 NLRB 784 (1982) Cf Milwaukee Spring
Division (Milwaukee Spring II) 268 NLRB 601 (1984) (no
contractual provision involved) Such previously negotiated
contractual provisions to take effect during or even after
the term of the contract are binding and do not require
reincorporation into a further contract any more than do
parachute provisions dealing with payments to corpo
rate executive employees subsequent to expiration of
their employment contracts or upon termination of the
business What rational basis is there for treating nonexe
cutive employees contractually established comparable
rights differently?
As is or should be well understood this being the ex
isting state of Board law I am bound thereby and if
there is to be change therein it must come from the
Board or other than the Supreme Court applicable
higher intermediate authority acquiesced in by the
Board 5 See Armco Employees Independent Federation
5 The foregoing concerns only the COLA effective on August 30
1982 under the terms of the September 1 1979 August 31 1982 labor
agreement It does not concern new or future COLA provisions which
the record shows at the time negotiations here ceased the Union at the
insistence of Respondents had tentatively agreed to abandon presumably
in return for other hoped for but unrealized concessions from Respond
ents
155 NLRB 551 552 (1965) Lenz Co 153 NLRB 1399
1401 (1965) Iowa Beef Packers 144 NLRB 615 616-617
(1963) modified 331 F 2d 176 (8th Or 1964) Novak
Logging Co 119 NLRB 1573 1575-76 (1958) Ranco
Inc 109 NLRB 998 1009-10 fn 8 (1954) enfd 222 F 2d
543 (6th Cir 1955) revd on other grounds 351 U S 105
(1956)
The record establishes and I find that not only was
this COLA under the parties 1979-82 agreement
never placed into effect but during the parties negotia
lions here under consideration although Respondent
Employers insisted without letup that the subject of the
accrued COLAs effective August 30 1982 be bargained
about as a condition to reaching any agreement the
Union refused to bargain on that subject taking the posi
tion—correctly under Board law (supra)—that that was
an accrued right of the employees that had already been
bargained about and was covered in and accrued under
the September 1 1979-August 31 1982 collective agree
ment and therefore need not be bargained about again—
in other words that the statutory requirement to bargain
about wages hours and other terms and conditions of
employment refers only to current or future wages
hours and other terms and conditions of employment
and not to those negotiated in the past and accrued under a
previous contract Respondent Employers just as adamant
ly insisted that the Union must bargain on that subject as
a precondition to reaching agreement 6 It was on the
basis of the Employers insistence that that subject must
be bargained about and the Union s refusal to bargain
about it that Respondent Employers declared they had
reached an impasse in their negotiations and there
upon proceeded to impose the unilateral changes in their
employees wages hours and other terms and conditions
of employment involved in the instant proceedings
As has been stated an impasse such as to constitute
justification for unilateral changes in wages hours or
other terms and conditions of employment cannot effec
tively be declared by a party to collective negotiations
upon the basis of that party s insistence (to such im
passe ) upon bargaining about a nonmandatory subject
of bargaining Past wages paid or contractually accrued
and due are not a mandatory subject of bargaining
Thus an employer may not insist to impasse in nego
tiations to establish (current) wages hours and other
terms and conditions of employment that his employees
must refund or negotiate to repay to him past wages (or
wages agreed to in the past) or to surrender their ac
crued right thereto any more than a union may insist to
impasse that an employer must pay the employees ad
ditional wages or benefits for an expired period covered
by a previous contract A party is not required to rebar
gain that which has already been secured to him by bind
mg past agreement he may do so if he wishes Thus if
the Union had insisted that Respondent Employers rebar
gain the COLA stipulated in the 1979-1982 contract Re
spondent Employers would have been under no obliga
tion to do so since it formed a part of an already fully
bargained and agreed upon binding contract and was
6 See e g Jt Exh 9a/9b currently in effect (emphasis added)
HARVStONE MFG CORP 943
therefore no longer a current mandatory bargaining
subject Indeed if the Union had thereupon sought to
exert economic power in support of such an insistence
by striking (as here the Employers by declaring im
passe and unilaterally implementing their demands)
during the contract term in the presence of a subsisting
arbitration requirement Respondent Employers could
well presumably have had the right to Boys Markets '7
injunctive relief against the Union 8
The industrial peace which is the cornerstone objec
tive of the Act would be unhinged and corrupted if that
sort of insistence could be pursued to impasse so as to
justify unilateral imposition of unbargamed wages hours
and other terms and conditions of employment on the
basis thereof It follows that Respondents insistence on
bargaining about their employees accrued right to the
COLA effective August 30 1982 under the September
1 1979-August 31 1982 contract being an insistence on
bargaining concerning a nonmandatory subject on
which the Union was not obligated to bargain did not
constitute good faith bargaining as required by the Act
and could not and did not form a proper basis for a
bona fide impasse such as to justify the unilateral
changes in wages hours and other terms and conditions
of employment which Respondents concededly made 9
Accordingly those unilateral changes were violative of
Section 8(a)(5) and (1) of the Act and I so hold and de
termine
Additionally on this subject although Respondents in
their affirmative defense insist this subject (i e entitle
ment to the COLA in question) must be arbitrated the
fact is that Respondents have at all times including at
the instant trial refused to proceed or to agree uncondi
tionally to proceed to arbitration thereon Under these
circumstances and in order to avoid fragmentation of in
termeshed issues some of which are not arbitrable and
the question being essentially one of law already decided
by the Board (supra) and having been fully litigated
herein and the contract in question having expired Re
spondents said affirmative defense is not interposed in
good faith lacks merit and should be dismissed Cf e g
Medman Food Industries 234 NLRB 698 (1978) enfd
108 LRRM 2175 (D C Cir 1979) Youngstown Sheet
7 Boys Markets v Retail Clerks Local 770 398 U S 235 (1970)
Nor have Respondents filed in bankruptcy or arrangement /
reorganization proceedings Cf NLRB v Bildisco 104 S Ct 1188 (1984)
It may be argued that in practical effect Respondents unyielding in
sistence on bargaining about a nonmandatory subject made no difference
since because the subject of future (i e post September 1 1982) wages
was up for negotiation the COLA here in question was included therein
and therefore up for grabs But this argument overlooks the important
fact that by refusing to honor the COLA negotiated in 1979 Respondents
were insisting that the wage negotiations start at a level 35 cents per hour
below the wage that had been negotiated and was due under the 1979-
1982 contract while the union was properly and importantly insisting
that the wage bargaining start from the level of the required accrued
wage 35 cents higher Furthermore Respondent Employers improperly
utilized the device of declaring Impasse by their ipse (loot because of
their insistence on bargaining on this nonmandatory subject of wage
level already accrued and due and owing under the 1979-1982 contract
to Impose unilaterally a wage 35 cents less than was due and also to
effect a spectrum of other significant unilateral changes in wages hours
and other terms and conditions of employment they were without legal
power to place into effect without good faith bargaining or bona fide im
passe
Tube Co 235 NLRB 572 575 (1978) Sahara Tahoe
Hotel 229 NLRB 1094 (1977) enfd 581 F 2d 767 (9th
Cir 1978) Columbus Foundries 229 NLRB 34 (1977)
Atlas Tack Corp 226 NLRB 222 (1976) enfd 559 F 2d
1201 (1st Cir 1977) US Postal Service 225 NLRB 220
(1976) Pilot Freight Carriers 224 NLRB 341 (1976)
Sheet Metal Workers Local 17 (George Koch Sons Inc )
199 NLRB 166 168 (1972) enfd 85 LRRM 2548 (1st
Cir 1973) Scam Instrument Corp 163 NLRB 284 289-
290 and fns 19 and 22 (1967) enfd 394 F 2d 884 (7th
Cir 1968) cert denied 393 U S 980 (1968) NLRB v
Thor Power Tool Co 351 F 2d 584 587 (7th Cir , 1965)
The Question of Access to Respondents Financial
Data
During the course of the collective negotiations here
one of the Respondents (Duray) concededly raised a plea
of poverty (March 10 1983 answer to consolidated
complaint) to support its claim of economic necessity for
its demands to scale down the wages and benefits of its
unit employees Respondent Duray nevertheless contends
that at the bargaining session of August 31 1982 the
Union declined to accept its offered financial informa
tion The facts in this regard show no more than that
when Respondents negotiator held up just [as a] pass
ing remark an aside (his own testimony) during his
comment that Duray was losing money an alleged
profit and loss statement the union negotiator did not
ask to see it while conceding on cross examination
that he did say We will want to see it within a con
text of union demand and employer refusal to inspect the
latter s books and records 1 ° Under these circumstances
it is clear that the Union s right to see Duray s financial
records was not satisfied by waving an alleged profit and
loss statement in the air nor that it would have been
even by inspection of such a statement since the Union
remained entitled to inspect and audit the actual relevant
books and records 11 and that the law s well understood
rigorous requirements to establish a waiver 12 by the
Union of that right have not been met
Insofar as the remaining Respondents are concerned
while their negotiator skillfully avoided using the precise
word poverty nevertheless also to support their simi
lar economic demands while refusing to permit access to
their financial records on the ground they were not
pleading poverty he nevertheless insisted that busi
ness judgment (Stip Exh 6) required them to more
closely align their labor costs zto that of competitors in
1 ° In this regard the General Counsel s motion at trial s end to con
form pleadings to proof on which decision was reserved is granted the
matter having been testified to by Respondents negotiator Schoonhoven
himself negating any possibility of surprise or of countervailing proof by
Respondents Cf Nebraska Bulk Transport 240 NLRB 135 154-56
(1979) enfd in relevant part 608 F 2d 311 (8th Or 1979)
1 Cf Teleprompter Corp v NLRB 570 F 2d 4 (1st Or 1977)
See eg C& C Plywood Corp 148 NLRB 414 416-447 (1964) enf
denied 351 F 2d 224 (9th Cm 1965) revd 385 U S 421 (1967) Tucker
Steel Corp 134 NLRB 323 332 (1961) and cases cited NLRB v Item
Co 220 F 2d 956 958-959 (5th Cu- 1955) cert denied 350 US 836
(1955) rehearing denied 350 U S 905 (1955) Tide Water Associated Oil
Co 85 NLRB 1096 1098 (1949) Cf Timken Roller Bearing Co v
NLRB 325 F 2d 746 750-754 (6th Or 1963) cert denied 376 U S 971
(1964)
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other regions of the country to be competitive that
relief on labor costs because of poor competitive po
salons was essential in order for Respondents to stay
in business [otherwise] no one will have jobs that Re
spondents need economic relief' (Tr 98) that if eco
N nomic concessions demanded by Respondents were not
acceded to by the Union Respondents could but
not necessarily would go out of business that one
company was losing money and the rest might if they
had to pay the 354 and these other items that
One company was losing money and the others would
if the 354 was put in that if the Union doesn t agree
with this concession [demanded by Respondent Employ
ers] those companies [may] but not necessarily so
be out of business that I [Respondent Employers
negotiator] was giving him [the union negotiator] the
message we were very serious about this labor cost relief
we were seeking that We [Respondent Employers]
need our labor costs more in line with our competitors
that Respondent Employers might or might not [ go
out of business if we don t [get] the reductions in labor
costs that [we] asked for ] and that the Respondent corn
panies may or may not [ lose money if we don t [get]
these reductions in labor costs that [we] asked for ] that
I [Respondent Employers negotiator] had quite a long
discussion about competitiveness and if you don t make a
profit you can t be in business and Respondent Harv
stone s President Plonsker conceded here that all Re
spondents were seeking economic relief from the Union
by attempting to reduce employees pay and benefits to
the least or lowest common denominator found else
where in the country
Against the background instruction of the Supreme
Court presumably enunciated to be heeded that If
an argument is important enough to present in the give
and take of bargaining it is important enough to require
some sort of proof of its accuracy (NLRB v Truitt Mfg
Co 351 US 149 152-153 (1956) the Board has held
that it is unnecessary to use the talismanic word pover
ty in order to trigger the requirement of fair substantia
tion of a plea of economic necessity during collective
bargaining Thus in Cincinnati Cordage Co 141 NLRB
72 (1963) the Board held that an employer s resistance
to a wage increase demand on the stated ground that it
could not remain competitive with other employers in
the industry constituted a poverty plea since in effect
the employer was contending that granting of the de
mands would lead to impoverishment (id at 77) re
quiring the furnishing of supporting data To the same
effect see Teleprompter Corp v NLRB 570 F 2d 4 (1st
Cir 1977) Stockton District Kidney Bean Growers 165
NLRB 223 (1967) Wheeling Pacific Co 151 NLRB 1192
1224-25 (1965) NLRB v Western Wirebound Box Co
356 F 2d 88 90-92 (9th Cir 1966) enfg 145 NLRB
1539 1543-45 (1964) Peerless Distributing Co 144
NLRB 1510 1514 (1963) Taylor Foundry Co 141
NLRB 765 766-767 (1963) enfd 338 F 2d 1003 (5th Cir
1964) Tennessee Coal & Iron Division 122 NLRB 1519
(1959)
Respondents were thus under obligation to open their
financial records to the Union to support their economic
contentions and their failure to do so was inconsistent
with their statutory duty to bargain in good faith and
was further preclusive of their right to pronounce a
bona fide bargaining impasse on which to bottom their
unilateral changes in wages hours and other terms and
conditions of employment here complained of and was
thereby violative of Section 8(a)(5) of the Act An
nouncement of impasse following Employers refusal
to supply data necessary to their employees bargaining
representative for bargaining purposes is not effective to
justify unilateral imposition of wages hours and other
terms and conditions of employment not bargained in
good faith NLRB v Katz 369 U S 736 (1961) Hi Grade
Materials Co 239 NLRB 947 957-958 (1978) Palomar
Corp 192 NLRB 592 596-598 (1971) enfd 465 F 2d
731 (5th Cir 1972) Moreover Respondents refusal to
permit access to the financial data in question by making
it impossible for their employees bargaining representa
tive to carry out its bargaining duties properly interfered
with restrained and coerced those employees in the ex
ercise of the rights guaranteed to them under Section 7
and was thereby violative of Section S(d)(1) of the Act
On the foregoing findings and the entire record I state
the following
CONCLUSIONS OF LAW
A Jurisdiction is properly asserted in this proceeding
B By its actions described and found above in unilat
erally placing into effect changes in wages hours and
other terms and conditions of employment of their em
ployees in the appropriate bargaining units hereafter set
forth (viz unilateral discontinuance of established Christ
mas bonuses and parties vacation schedules and paid 5
minute washup periods at quitting time by Respondent
Harvstone unilateral discontinuance of established
Christmas food certificates and of paid 5 minute washup
periods at quitting time by Respondent Duray unilateral
discontinuance of established Christmas gifts vacation
schedules and paid 5 minute washup periods at quitting
time by Respondent American unilateral discontinuance
of existing vacation schedules by Respondent House 0
Lite unilateral discontinuance of paid group insurance
benefits for dependents of eligible unit employees by all
Respondents failure and refusal to permit inspection and
audit of financial records necessary to Charging Party
Union s performance of its bargaining function by all
Respondents failure to prepare cost of living adjustment
(COLA) schedules for the third year of the parties Sep
tember 30 1979-August 31 1982 collective agreements
and to incorporate them into wages thereafter and fail
ure and refusal to implement and place into effect such
COLAs by all Respondents without bargaining in good
faith or reaching bona fide negotiating impasse) Re
spondents and each of them have failed and refused and
are continuing to fail and refuse to bargain in good faith
with Charging Party Union as the duly authorized exclu
sive collective bargaining representative of said employ
ees thereby violating Section 8(a)(5) of the National
Labor Relations Act
The appropriate collective bargaining units are
HARVSTONE MFG CORP 945
Respondent Harvstone
All production and maintenance employees em
ployed by Harvstone Manufacturing Corporation in
its facility located at 1845 Tonne Road Elk Grove
Village Illinois 60007 and excluding all office and
clerical employees plant guards and supervisors as
defined in the Labor Management Relations Act of
1947 as amended
Respondent Duray
All production and maintenance employees em
ployed by Duray Fluorescent Manufacturing Co in
its Chicago Illinois plant and excluding all office
and clerical employees plant guards and supervi
sors as defined in the Labor Management Relations
Act of 1947 as amended
Respondent American
All production and maintenance employees em
ployed by American Fluorescent Corp in its plant
located at 3800 North Milwaukee Avenue Chicago
Illinois 60641 and excluding all office and clerical
employees plant guards and supervisors as defined
in the Labor Management Relations Act of 1947 as
amended
Respondent House 0 Lite
All production and maintenance employees em
ployed by House 0 Lite Corporation in its plant lo
cated at 4041 South Emerald Avenue Chicago MI
nois 60609 and excluding all office and clerical em
ployees plant guards and supervisors as defined in
the Labor Management Relations Act of 1947 as
amended
C By their said actions and each of them Respond
ents and each of them have interfered with restrained
and coerced said employees in the exercise of their rights
under Section 7 in violation of Section 8(a)(1) of the
Act and are continuing so to do
D The foregoing unfair labor practices and each of
them violative of the Act as aforesaid have affected
and unless permanently restrained and enjoined will
continue to affect commerce within the meaning of Sec
lion 2(6) and (7) of the Act
REMEDY
Respondents should be required to cease and desist
from the violations found and from like or related viola
tons and to take certain affirmative remedial measures
customarily required in cases of this variety Those af
firmative measures should include resumption of collec
tive bargaining in good faith until agreement or bona fide
impasse is reached the placing into writing and signing
of any agreement or agreements reached cancellation by
Respondents of their unilateral actions here found to
have been violative of the Act and reinstitution of all
such unilaterally canceled terms and conditions of em
ployment pending the outcome of renewed good faith
collective bargaining and making their employees
whole with interest calculated as explicated by the
Board in F W Woolworth Co 90 NLRB 289 (1950) Isis
Plumbing Co 138 NLRB 716 (1962) and Florida Steel
Corp 231 NLRB 651 (1977) for all such unilaterally
canceled benefits and changes in wages hours and other
terms and conditions of employment including the
COLA provided for in the parties 1979-1982 agreement
to be effective on August 30 1982 and to furnish the re
quired related COLA schedules Respondents should alsc
be required to open their books and financial records to
Charging Party Union or its representatives for inspec
tion audit and copying to substantiate Respondents
claims or contentions of financial inability stringency
hardship noncompetniveness or like positions taken by
Respondents during collective bargaining with Charging
Party Union in opposition to wage and other economic
demands of the Union or in support of such counterde
mands or proposals by Respondents or any of them Re
spondents should also be required to preserve and make
available to the Board s agents their books and records
for backpay and compliance determination purposes and
to post the usual informational notice to employees of
the outcome of this proceeding
On these findings of fact and conclusions of law and
the entire record I issued the following recommended13
ORDER
A Respondent Harvstone Manufacturing Corporation
Elk Grove Village Illinois its officers agents succes
sors and assigns shall
1 Cease and desist from unilaterally and without bar
gaining in good faith with Local Union No 134 Interna
tional Brotherhood of Electrical Workers as the duly
authorized exclusive bargaining representative of Harv
stone s employees in the appropriate collective bargain
ing unit hereinafter set forth
(a) Discontinuing canceling eliminating or revoking
its Christmas gift bonus payment prize honorarium or
party system for said employees as in effect and existence
on August 31 1982
(b) Discontinuing canceling eliminating or revoking
its paid 5 minute washup period at quitting time for said
employees as in effect and existence on August 31 1982
(c) Discontinuing canceling eliminating revoking or
revising its vacation scheduling system for said employ
ees as in effect and existence on August 31 1982
(d) Discontinuing canceling eliminating revoking or
failing to keep in effect and make premium and other re
quired payments on group insurance policies and cover
age for the dependents of its said employees to the same
extent and as in effect and existence on August 31 1982
(e) Preparing and supplying to its said employees or
their aforementioned bargaining representative separate
cost of living adjustment schedules for 1981-1982
(1) Failing or refusing to pay to its said employees the
cost of living adjustments due to them on and since
August 30 1982 under the terms and provisions of the
" If no exceptions are filed as provided by Sec 102 46 of the Board s
Rules and Regulations the findings conclusions and recommended
Order shall as provided in Sec 102 48 of the Rules be adopted by the
Board and all objections to them shall be deemed waived for all pur
poses
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective agreement of September 1 1979-August 31
1982
(g) Failing or refusing to supply to the bargaining rep
resentative the Respondent s financial books records and
entries including access thereto for verification audit
and copying purposes necessary for said bargaining rep
resentative s proper performance of its bargaining func
ton including all such books records entries and data
supporting or allegedly supporting any claim or assertion
by said Respondent of financial or economic inability
stringency hardship difficulty or competitive disadvan
tage in connection with matters arising in wage and
other collective negotiations with said bargaining repre
sentative
(h) In any like or related manner failing or refusing to
bargain in good faith with the bargaining representative
or interfering with restraining or coercing said Re
spondent s employees in the exercise of any of their
rights under the National Labor Relations Act
The appropriate collective bargaining unit is
All production and maintenance employees em
ployed by Harvstone Manufacturing Corporation in
its facility located at 1845 Tonne Road Elk Grove
Village Illinois 60007 and excluding all office and
clerical employees plant guards and supervisors as
defined in the Labor Management Relations Act of
1947 as amended
2 Take the following affirmative actions necessary to
effectuate the policies of the Act
(a) Forthwith reinstate give effect to and maintain in
effect until the outcome of good faith collective bargain
ing with the aforementioned bargaining representative
(1) Respondent s Christmas gift bonus payment prize
honorarium and party system for said employees as in
effect and existence on August 31 1982
(2) Respondent s paid 5 minute washup period at quit
ting time for said employees as in effect and existence on
August 31 1982
(3) Respondent s vacation scheduling system for said
employees as in effect and existence on August 31 1982
(4) Group insurance policies and coverages paid for
by Respondent for dependents of employees as in effect
and existence on August 31 1982
(b) Promptly supply to said employees or their afore
mentioned bargaining representative separate cost of
living adjustment schedules for 1981-1982
(c) Make each of its said employees whole with inter
est calculated in the manner described in the Remedy
portion of the decision of which this Order forms a part
by reason of the unilaterally discontinued payments and
benefits including COLAs due on and since August 30
1982 under the terms and provisions of the collective
agreement of September 1 1979-August 31 1982 and
also reimbursement to each of the employees for any ex
pense or obligation incurred by them or their previously
insured dependents by reason of Respondent s cancella
tion of coverage or nonpayment of premium on any of
Respondent s group insurance so canceled or withdrawn
by Respondent
(d) Make available to the aforementioned bargaining
representative Respondent s financial books records en
tnes and data including access thereto for verification
audit and copying necessary for the representative s
proper performance of its bargaining function including
all such books records entries and data supporting or
relating to any claim or conter tion by Respondent of ft
nancial or economic inability stringency hardship diffi
culty or competitive disadvantage in connection with
matters arising in wage or other collective negotiations
with the bargaining representative
(e) On request bargain in good faith with the bargain
ing representative concerning wages hours and other
terms and conditions of employment of Respondent s em
ployees and commit to writing and execute any agree
ment reached
(f) Preserve and on request make available to the
Board or its agents for examination and copying all pay
roll records wage rate and other records work sched
ules vacation and vacation scheduling records Christ
mas bonus gift prize party and other records insurance
policy coverage and premium payment records and cor
respondence and memoranda and entries social security
payment records timecards personnel records and re
ports and all other records and entries necessary or
helpful to determine the amounts of backpay and other
sums and benefits due under and the extent of compli
ance with the terms of this Order
(g) Post at its premises copies of the attached notice
marked Appendix B 14 Copies of the notice on forms
provided by the Regional Director for Region 13 after
being signed by the Respondent s authorized representa
live shall be posted by the Respondent immediately
upon receipt 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 the notices
are not altered defaced or covered by any other maten
al
(h) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re
spondent has taken to comply
B Respondent Duray Fluorescent Manufacturing Co
Chicago Illinois its officers agents successors and as
signs shall
1 Cease and desist from unilaterally and without bar
gaining in good faith with Local Union No 134 Interna
tional Brotherhood of Electrical Workers as the author
ized exclusive bargaining representative of Duray s em
ployees in the appropriate collective bargaining unit
hereinafter set forth
(a) Discontinuing canceling eliminating or revoking
its Christmas food certificates gift bonus or payment
system for said employees as in effect and existence on
August 31 1982
(b) Discontinuing canceling eliminating or revoking
its paid 5 minute washup period at quitting time for em
ployees as in effect and existence on August 31 1982
4 If this Order is enforced by a Judgment of a United States Court of
Appeals the words in the notice reading Posted by Order of the Na
tional Labor Relations Board shall read Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation
al Labor Relations Board
HARVSTONE MFG CORP 947
(c) Discontinuing canceling eliminating revoking or
failing to keep in effect and make premium and other re
quired payments on group insurance policies and cover
age for the dependents of its employees to the same
extent and as in effect and existence on August 31 1982
(d) Preparing and supplying to its employees or their
aforementioned bargaining representative separate cost
of living adjustment schedules for 1981-1982
(e) Failing or refusing to pay to its employees the cost
of living adjustments due to them on and since August
30 1982 under the terms and provisions of the collective
agreement of September 1 1979-August 31 1982
(f) Failing or refusing to supply to the aforementioned
bargaining representative Respondent s financial books
records and entries including access thereto for venfica
ton audit and copying purposes necessary for the bar
gaming representative s proper performance of its bar
gaining function including all such books records en
tries and data supporting or allegedly supporting any
claim or assertion by Respondent of financial or econom
ic inability stringency hardship difficulty or competi
tive disadvantage in connection with matters arising in
wage and other collective negotiations with the bargain
ing representative
(g) In any like or related manner failing or refusing to
bargain in good faith with the bargaining representative
or interfering with restraining or coercing Respondent s
employees in the exercise of any of their rights guaran
teed by the National Labor Relations Act
The appropriate collective bargaining unit is
All production and maintenance employees em
ployed by Duray Fluorescent Manufacturing Co in
its Chicago Illinois plant and excluding all office
and clerical employees plant guards and supervi
sors as defined in the Labor Management Relations
Act of 1947 as amended
2 Take the following affirmative actions necessary to
effectuate the policies of the Act
(a) Forthwith reinstate give effect to and maintain in
effect until the outcome of good faith collective bargain
mg with the aforementioned bargaining representative
(1) Respondent s Christmas food certificates gift
bonus or payment system for employees as in effect and
existence on August 31 1982
(2) Respondent s paid 5 minute washup period at quit
tmg time for employees as in effect and existence on
August 31 1982
(3) Group insurance policies and coverages paid for
by Respondent for dependents of said employees as in
effect and existence on August 31 1982
(b) Promptly supply to employees or their aforemen
tioned bargaining representative separate cost of living
adjustment schedules for 1981-1982
(c) Make each of its employees whole with interest
calculated in the manner described in the Remedy por
tion of the decision of which this Order forms a part by
reason of the unilaterally discontinued payments and ben
efits including COLAs due on and since August 30
1982 under the terms and provisions of the collective
agreement of September 1 1979-August 31 1982 and
also reimbursement to each of the employees for any ex
pense or obligation incurred by them or their previously
insured dependents by reason of Respondent s cancella
tion of coverage or nonpayment of premium on any of
Respondent s group insurance so canceled or withdrawn
by Respondent
(d) Make available to the aforementioned bargaining
representative Respondent s financial books records en
tnes and data including access thereto for verification
audit and copying necessary for said representative s
proper performance of its bargaining function including
all such books records entries and data supporting or
relating to any claim or contention by Respondent of fi
nancial or economic inability stringency hardship diffi
culty or competitive disadvantage in connection with
matters arising in wage or other collective negotiations
with the bargaining representative
(e) On request bargain in good faith with the bargain
mg representative concerning wages hours and other
terms and conditions of employment of Respondent s em
ployees and commit to writing and execute any agree
ment reached
(f) Preserve and on request make available to the
Board or its agents for examination and copying all pay
roll records wage rate and other records work sched
ules vacation and vacation scheduling records Christ
mas bonus gift and other records insurance policy coy
erage and premium payment records and correspondence
and memoranda and entries social security payment
records timecards personnel records and reports and all
other records and entries necessary or helpful to deter
mine the amounts of backpay and other sums and bene
fits due under and the extent of compliance with the
terms of this Order
(g) Post at its premises copies of the attached notice
marked Appendix C 15 Copies of the notice on forms
provided by the Regional Director for Region 13 after
being signed by the Respondent s authorized representa
tive shall be posted by the Respondent immediately
upon receipt 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 the notices
are not altered defaced or covered by any other maten
al
(h) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re
spondent has taken to comply
C Respondent American Fluorescent Corp Chicago
Illinois its officers agents successors and assigns shall
1 Cease and desist from unilaterally and without bar
gaining in good faith with Local Union No 134 Interna
tonal Brotherhood of Electrical Workers as the author
ized exclusive bargaining representative of American s
employees in the appropriate collective bargaining unit
hereinafter set forth
(a) Discontinuing canceling eliminating or revoking
its Christmas gift bonus or payment system for its em
ployees as in effect and existence on August 31 1982
" See fn 14 supra
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Discontinuing canceling eliminating or revoking
its paid 5 minute washup period at quitting time for its
employees as in effect and existence on August 31 1982
(c) Discontinuing canceling eliminating revoking or
revising its vacation scheduling system for employees as
in effect and existence on August 31 1982
(d) Discontinuing canceling eliminating revoking or
failing to keep in effect and make premium and other re
quired payments on group insurance policies and cover
age for the dependents of its employees to the same
extent and as in effect and existence on August 31 1982
(e) Preparing and supplying to its employees or their
aforementioned bargaining representative separate cost
of living adjustment schedules for 1981-1982
(f) Failing or refusing to pay to its employees the cost
of living adjustments due to them on and since August
30 1982 under the terms and provisions of the collective
agreement of September 1 1979-August 31 1982
(g) Failing or refusing to supply to the aforementioned
bargaining representative Respondent s financial books
records and entries including access thereto for verifica
tion audit and copying purposes necessary for the bar
gaining representative s proper performance of its bar
gaining function including all such books records en
tries and data supporting or allegedly supporting any
claim or assertion by said Respondent of financial or eco
nomic inability stringency hardship difficulty or com
petitive disadvantage in connection with matters arising
in wage and other collective negotiations with the bar
gaining representative
(h) In any like or related manner failing or refusing to
bargain in good faith with the bargaining representative
or interfering with restraining or coercing Respondent s
employees in the exercise of any of their rights under the
National Labor Relations Act
The appropriate collective bargaining unit is
All production and maintenance employees em
ployed by American Fluorescent Corp in its plant
located at 3800 North Milwaukee Avenue Chicago
Illinois 60641 and excluding all office and clerical
employees plant guards and supervisors as defined
in the Labor Management Relations Act of 1947 as
amended
2 Take the following affirmative actions necessary to
effectuate the policies of the Act
(a) Forthwith reinstate give effect to and maintain in
effect until the outcome of good faith collective bargain
mg with the aforementioned bargaining representative
(1) Respondent s Christmas gift bonus or payment
system for its employees as in effect and existence on
August 31 1982
(2) Respondent s paid 5 minute washup period at quit
ting time for its employees as in effect and existence on
August 31 1982
(3) Respondent s vacation scheduling system for its
employees as in effect and existence on August 31 1982
(4) Group insurance policies and coverages paid for
by Respondent for dependents of its employees as in
effect and existence on August 31 1982
(b) Promptly supply to its employees or their afore
mentioned bargaining representative separate cost of
living adjustment schedules for 1981-1982
(c) Make each of its employees whole with interest
calculated in the manner described in the Remedy por
tion of the decision of which this Order forms a part by
reason of the unilaterally discontinued payments and ben
efits including COLAs due on and since August 30
1982 under the terms and provisions of the collective
agreement of September 1 1979-August 31 1982 and
also reimbursement to each of its employees for any ex
pense or obligation incurred by them or their previously
insured dependents by reason of Respondent s cancella
tion of coverage or nonpayment of premium on any of
Respondent s group insurance so canceled or withdrawn
by Respondent
(d) Make available to the aforementioned bargaining
representative Respondent s financial books records en
tries and data including access thereto for verification
audit and copying necessary for the representative s
proper performance of its bargaining function including
all such books records entries and data supporting or
relating to any claim or contention by Respondent of fi
nancial or economic inability stringency hardship diffi
culty or competitive disadvantage in connection with
matters arising in wage or other collective negotiations
with the bargaining representative
(e) On request bargain in good faith with the bargain
mg representative concerning wages hours and other
terms and conditions of employment of Respondent s em
ployees and commit to writing and execute any agree
ment reached
(f) Preserve and upon request make available to the
Board or its agents for examination and copying all pay
roll records wage rate and other records work sched
ules vacation and vacation scheduling records Christ
mas bonus gift and other records insurance policy coy
erage and premium payment records and correspondence
and memoranda and entries social security payment
records timecards personnel records and reports and all
other records and entries necessary or helpful to deter
mine the amounts of backpay and other sums and bene
fits due under and the extent of compliance with the
terms of this Order
(g) Post at its premises copies of the attached notice
marked Appendix D 16 Copies of the notice on forms
provided by the Regional Director for Region 13 after
being signed by the Respondent s authorized representa
tive shall be posted by the Respondent immediately
upon receipt 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 the notices
are not altered defaced or covered by any other materi
al
(h) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re
spondent has taken to comply
16 See fn 14 supra
HARVSTONE MFG CORP 949
D Respondent House 0 Lite Corporation Chicago
Illinois its officers agents successors and assigns shall
1 Cease and desist from unilaterally and without bar
gaining in good faith with Local Union No 134 Interna
tonal Brotherhood of Electrical Workers as the author
ized exclusive bargaining representative of House 0
Lite s employees in the appropriate collective bargaining
unit hereinafter set forth
(a) Discontinuing canceling eliminating revoking or
revising its vacation scheduling system for employees as
in effect and in existence on August 31 1982
(b) Discontinuing canceling eliminating revoking or
failing to keep in effect and make premuim and other re
quired payments on group insurance policies and cover
age for the dependents of its employees to the same
extent and as in effect and existence on August 31 1982
(c) Preparing and supplying to it employees or their
aforementioned bargaining representative separate cost
of living adjustment schedules for 1981-1982
(d) Failing or refusing to pay to its employees the
cost of living adjustments due to them on and since
August 30 1982 under the terms and provisions of the
collective agreement of September 1 1979-August 31
1982
(e) Failing or refusing to supply to the aforementioned
bargaining representative Respondent s financial books
records and entries including access thereto for venfica
tion audit and copying purposes necessary for the bar
gaining representative s proper performance of its bar
gaining function including all such books records en
tries and data supporting or allegedly supporting any
claim or assertion by Respondent of financial or econom
ic inability stringency hardship difficulty or competi
tive disadvantage in connection with matters arising in
wage and other collective negotiations with the bargain
ing representative
(f) In any like or related manner failing or refusing to
bargain in good faith with the bargaining representative
or interfering with restraining or coercing said Re
spondent s employees in the exercise of any of their
rights under the National Labor Relations Act
The appropriate collective bargaining unit is
All production and maintenance employees em
ployed by House 0 Lite Corporation in its plant lo
cated at 4041 South Emerald Avenue Chicago Illi
nois 60609 and excluding all office and clerical em
ployees plant guards and supervisors as defined in
the Labor Management Relations Act of 1947 as
amended
2 Take the following affirmative actions necessary to
effectuate the policies of the Act
(a) Forthwith reinstate give effect to and maintain in
effect until the outcome of good faith collective bargain
ing with the aforementioned bargaining representative
(1) Respondent s vacation scheduling system for its
employees as in effect and existence on August 31 1982
(2) Group insurance policies and coverages paid for
by Respondent for dependents of its employees as in
effect and existence on August 31 1982
(b) Promptly supply to its employees or their afore
mentioned bargaining representative separate cost of
living adjustment schedules for 1981-1982
(c) Make each of its employees whole with interest
calculated in the manner described in the Remedy por
ton of the decision of which this Order forms a part by
reason of the unilaterally discontinued payments and ben
efits including COLAs due on and since August 30
1982 under the terms and provisions of the collective
agreement of September 1 1979-August 31 1982 and
also reimbursement to each of its employees for any ex
pense or obligation incurred by them or their previously
insured dependents by reason of Respondent s cancella
tion of coverage or nonpayment of premium on any of
Respondent s group insurance so canceled or withdrawn
by Respondent
(d) Make available to the aforementioned bargaining
representative Respondent s financial books records en
tries and data including access thereto for verification
audit and copying necessary for the representative s
proper performance of its bargaining function including
all such books records entries and data supporting or
relating to any claim or contention by Respondent of fi
nancial or economic inability stringency hardship diffi
culty or competitive disadvantage in connection with
matters arising in wage or other collective negotiations
,with the bargaining representative
(e) On request bargain in good faith with the bargain
ing representative concerning wages hours and other
terms and conditions of employment of Respondent s em
ployees and commit to writing and execute any agree
ment reached
(0 Preserve and on request make available to the
Board or its agents for examination and copying all
payroll records wage rate and other records work
schedules vacation and vacation scheduling records in
surance policy coverage and premium payment records
and correspondence and memoranda and entries social
security payment records timecards personnel records
and reports and all other records and entries necessary
or helpful to determine the amounts of backpay and
other sums and benefits due under and the extent of com
phance with the terms of this Order
(g) Post at its premises copies of the attached notice
marked Appendix E 17 Copies of the notice on forms
provided by the Regional Director for Region 13 after
being signed by the Respondent s authorized representa
live shall be posted by the Respondent immediately
upon receipt 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 the notices
are not altered defaced or covered by any other maten
al
(h) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re
spondent has taken to comply
IT IS FURTHER ORDERED that Respondents affirmative
defenses contained in their answer be dismissed
17 See fn 14 supra
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX E
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 full opportu
nity to present evidence and argue their positions
the National Labor Relations Board has decided
that we violated the National Labor Relations Act
as amended by failing to bargain collectively in
good faith with Local Union No 134 International
Brotherhood of Electrical Workers (your duly au
thorized exclusive collective bargaining represen
tive) through our unilateral discontinuance and
withdrawal of various of your job benefits (namely
vacation scheduling system paid group insurance
for your dependents furnishing of COLA sched
ules and payment of COLAs due on and since
August 30 1982) and through our failure to permit
your Union to see our books and records to verify
claims by us that our financial condition is being
impaired by your wage and other bargaining de
mands
WE WILL NOT do these or similar things any more
WE WILL at once reinstate the benefits we have dis
continued and pay you with interest for their value and
WE WILL maintain them in effect until the outcome of re
sumed collective bargaining with your Union
WE WILL upon request resume collective bargaining
with your Union and WE WILL bargain in good faith
with your Union concerning your wages hours and
other terms and conditions of employment and place
into writing and sign any agreement reached WE WILL
Also in connection with such resumed collective bar
gaining make available to your Union at its request our
financial hardship or difficulty to meet your wage and
other demands including harm to our competitive stand
ing in the industry
The collective bargaining unit is
All production and maintenance employees em
ployed by House 0 Lite Corporation in its plant lo
cated at 4041 South Emerald Avenue Chicago Illi
nois 60609 and excluding all office and clerical ern
ployees plant guards and supervisors as defined in
the Labor Management Relations Act of 1947 as
amended
HOUSE 0 LITE CORPORATION