Industrial Steel Corp.

National Labor Relations Board - Board Decisions

Mar 16, 1977

228 N.L.R.B. 802 (N.L.R.B. 1977)

802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Industrial Steel Corporation and Mllhwlght & Ma-
chinery Erectors Local 1827, United Brotherhood
of Carpenters and Joiners of America, AFL-CIO.
Case 31-CA-6179
Burnett Construction Company, 149 NLRB 1419,
1421, (1964), enfd. 350 F.2d 57 (C.A. 10, 1965).
ORDER
March 16, 1977
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND JENKINS
On October 28, 1976, Administrative Law Judge
Russell L. Stevens issued the attached Decision in
this proceeding. Thereafter, Respondent filed excep-
tions and a supporting brief. The General Counsel
filed limited exceptions and a brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the record and the
attached Decision in light of the exceptions and
briefs and has decided to affirm the rulings, findings,
and conclusions of. the Administrative Law Judge
and to adopt his recommended Order.'
The General Counsel has filed exceptions request-
ing that the certification year be construed as
beginning on the date Respondent commences to
bargain in good faith with the Union as the certified
exclusive bargaining representative in the appropri-
ate unit. We find merit in the General Counsel's
exceptions; hence we shall change the Administrative
Law Judge's "Remedy" accordingly.
AMENDED REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(aX5) and (1) of the Act, we
shall order that it cease and desist therefrom, and,
upon request, bargain collectively with the Union as
the exclusive representative of all employees in the
appropriate unit, and, if an understanding is reached,
embody such understanding in a signed agreement.
In order to insure that the employees in the
appropriate unit will be accorded the services of their
selected bargaining agent for the period provided by
law, we shall construe the initial period of certifica-
tion as beginning on the date Respondent commenc-
es to bargain in good faith with the Union as the
recognized bargaining representative in the appropri-
ate unit. See Mar-Jac Poultry Company, Inc., 136
NLRB 785 (1962); Commerce Company d/b/a Lamar
Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600
(C.A. 5, 1964), cert. denied 379 U.S. 817 (1964);
228 NLRB No. 100
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge and
hereby orders that the Respondent, Industrial Steel
Corporation, Las Vegas, Nevada, its officers , agents,
successors , and assigns, shall take the action set forth
in the said recommended Order.
I Chairman Murphy agrees inasmuch as the same result is reached under
any view as to the correct application of the principles of N.LR.B. v.
Mansion House Center Management Corp., 473 F.2d 471 (C.A. 8, 1973).
DECISION
STATEMENT OF THE CASE
RUSSELL L. STEVENs, Administrative Law Judge: This
matter was heard at Las Vegas, Nevada, on September 16,
1976.1 The complaint,2 issued June 18, is based upon a
charge filed May 28 by Millwright & Machinery Erectors
Local 1827, United Brotherhood of Carpenters and Joiners
of America, AFL-CIO, hereinafter referred to as Local
1827, or as the Union. The complaint alleges that
Industrial Steel Corporation, hereinafter referred to as
Respondent, violated Section 8(a)(5) and (1) of the
National Labor Relations Act, hereinafter referred to as
the Act.
All parties were given full opportunity to participate, to
introduce relevant evidence, to examine and cross -examine
witnesses , to argue orally , and to file briefs . Briefs, which
have been carefully considered, were filed on behalf of
General Counsel and Respondent.
Upon the entire record3 of the case , and from my
observation of the witnesses and their demeanor, I make
the following:
FIN19mNGs OF FACT
I. JURISDICTION
Respondent is, and at all times material herein has been,
a corporation duly organized and existing under and by
virtue of the laws of the State of Nevada, with an office and
principal place of business located in Las Vegas, Nevada,
where it is engaged in the fabrication of structural steel.
Respondent, in the course and conduct of its business
I All data hereinafter are within 1976, unless stated to be otherwise.
2 As amended at hearing , to correct a minor error.
3 Respondent filed an answer herein , which interposed an affirmative
defense based upon principles enumerated in N.LR.B. v. Mansion House
Center Management Corp., 473 F.2d 471, (C.A. 8, 1973). Respondent also
interposed four affirmative defenses based upon alleged defects in Case 31-
RC-3281. General Counsel moved to strike said four affirmative defenses,
and the motion was granted at hearing on the basis that said defenses relied
upon matters considered and disposed of during the RC litigation . The case
herein was heard upon the Mansion House defense.
General Counsel's motion for judgment on the pleadings is denied, on the
ground that the decision herein reaches the controversy on its merits.
INDUSTRIAL STEEL CORPORATION 803
operations , annually purchases and receives goods valued
in excess of $50,000 directly from customers located within
the State of Nevada, who receive such goods, in substan-
tially the same form, directly from suppliers located outside
the State of Nevada. Respondent, in the course and
conduct of its business operations , annually derives gross
revenues in excess of $500,000.
I find that Respondent is, and at all times material herein
has been, an employer engaged in commerce, and in
operations affecting commerce , within the meaning of
Section 2(2), (6), and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Millwright & Machinery Erectors Local 1827, United
Brotherhood of Carpenters and Joiners of America, AFL-
CIO, is, and at all times material herein has been , a labor
organization within the meaning of Section 2 (5) of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICES
Background
The unit involved herein, admitted by Respondent to be
the appropriate unit under the Act, is as follows:
All production and maintenance employees employed
by Respondent at its facilities located at 3665 Industrial
Road, Las Vegas, Nevada 89109; but excluding all
office clerical employees, guards, and supervisors as
defined in the Act.
On November 14, 1975, a majority of Respondent's
employees in the unit described above, by secret ballot
election conducted in Case 31-RC-3281, designated and
selected the Union as their collective-bargaining represen-
tative. Respondent filed no objection to the election, but
the Union timely filed objections on November 19, 1975.4
On January 30 the Regional Director for Region 31 issued
his report, recommending that all of the challenges and the
Union's Objection 4 be sustained. On February 10
Respondent filed timely exceptions to the Regional
Director's report . On April 7 the Board issued its decision
and certified the Union as the exclusive bargaining
representative of employees in the aforesaid unit.
On May 4 Al Benedetti, business representative of the
Union, wrote a letter to Respondent and requested that
Respondent commence negotiations for an agreement. On
May 11 Benedetti wrote a letter to Respondent and
requested information relative to Respondent's present
wage scale and benefits.
By letter dated May 11 Respondent's attorney advised
Benedetti "we must deny your request in view of our
client's intention to seek review of the NLRB certification
Respondent 's Affirmative Defense
Respondent elicited testimony at the hearing designed to
show racial imbalance in Local 1827's membership.
4 The vote was 13 for the Union and 10 against. There were four
challenged ballots , sufficient in number to affect the result of the election.
5 This summary is based upon the unchallenged and credited testimony
Respondent's brief includes population and work force
tables covering Nevada and certain counties , pertinent
herein. Respondent bases its defense upon Mansion House,
supra, and contends:
The table demonstrates that the membership of
Local 1827 is substantially underrepresented by blacks,
Spanish-Americans and women. Not only is the racial
and sexual composition of Local 1827 in gross imbal-
ance by comparison with the statistics for the total
population, which are generally used to determine
compliance with Title VII, but the Union is underrepre-
sented in comparison to the statistics for the labor force
population, which itself is racially and sexually imba-
lanced.
The table presents a stark picture of the present
imbalance in the racial and sexual composition of
Local 1827. This pattern and practice of discrimination
has persisted throughout Local 1827's existence. Since
its inception in 1971, Local 1827 has had only one
black in its membership, and has never had a woman
member. There have been only three Spanish-American
members.
The pattern of discriminatory practices also exists
throughout Local 1827's hierarchy. All four of its
business agents are white males . Only,one black (Calvin
Slay) and only one Spanish-American (Tom Truax)
have ever been on Local 1827's Executive Board
(determined by comparing Respondent's Exh. 3 with
Respondent's Exh. 2).
Despite the gross imbalance in the racial composi-
tion of its membership, Local 1827 has no affirmative
action program and has never made an effort to recruit
minorities as members.
Local 1827s Practice and Procedures
Local 1827, first chartered in 1971, presently has 103
active members. Benedetti is Local 1827's business manag-
er and financial secretary, and has held that position since
December 1974. The Local has five officers and five
trustees, none of whom is paid. The Local's only paid
employees are Benedetti and an office secretary.
There are four ways to become a member of Local 1827;
(a) through the apprenticeship program (discussed below);
(b) after application and examination as a journeyman; (c)
after application as a past member of the International
Brotherhood; (d) group acceptance of members, resulting
from an organizational drive.
Local 1827 operates a hiring hall, which is in quarters
rented from the Carpenters' Local 1780. Benedetti is
responsible for all dispatching of employees from the hiring
hall, but the actual dispatching is done by the office
secretary. Pursuant to their standard-form multiemployer
collective-bargaining agreement, Local 1827 maintains an
"A" list and a "B" list for registration of millwrights
seeking work. The "A" list is comprised of qualified
applicants who have been registered and available for work
at least 6 months immediately preceding registration. The
of Benedetti and A. D. McKenna , coordinator of the Carpenters and Joiners
Apprenticeship Training Committee.
804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"B" list covers all other qualified and registered mill-
wrights. "A" list registrants are dispatched first, on a first-
registered, first-out basis. Both lists are open .to nonmem-
bers of Local 1827 as well as members. The agreements
includes the following provisions, at pages 28, 34, and 40:
Section XVII
(h) Neither the employer nor the Union will
discriminate against a person with regard to employ-
ment or union membership because of race, religion,
color, sex, age, national origin or ancestry. This
provision shall apply to hiring, placement for employ-
ment, training during employment , rates of pay, or
other forms of compensation and benefits, selection for
training including apprenticeship , layoff or termina-
tion, and application for admission to union member-
ship.
Appendix "A"
(d) The Local Union will furnish in accordance with
the request of the individual Employer such qualified
and competent workmen of the classifications needed
from among those entered on the employment lists to
the individual Employer by use of a written referral in
the following order of preference on a non-discri mina-
tory basis, and shall not be based on or in any way
affected by union membership, by-laws, rules, regula-
tions, constitutional provisions, or any other aspect or
obligation of union membership policies or require-
ments. All applicants for referrals to jobs shall receive
equal consideration for employment without regard to
sex, race, creed, color or national origin, in conformity
with the requirements of the Federal and State laws.
Appendix "B"
(1) In the employment of millwrights for all work
covered by this Agreement in the territory described,
the following provisions govern:
(a) The Local Union shall establish and maintain
open and nondiscriminatory employment lists for
the use of workmen desiring employment on work
covered by this agreement.
It is agreed by the Employer and the Union to
fully comply with all the provisions of the Federal
and State laws to the end that no person shall on
the grounds of sex, race, color, national origin, or
membership or non-membership in a labor union
be excluded from participation in or be denied
the benefits of or otherwise subjected to discrimi-
nation by not having full access to the terms of
this agreement.
All 103 of Local 1827's members presently are available
for, or are seeking work, and there now is only one job in
6 G C Exh 8.
r Local 1780 has approximately 2,300 members.
s The constitution of the International , incorporated in the bylaws of
Local 1827, contains antidiscrimination provisions . G.C. Exh. 7.
progress within 1827's jurisdiction. That job employs 14
millwrights.
Local 1827 is affiliated with carpenter's locals, including
Local 1780,7 in the United Brotherhood of Carpenters and
Joiners of America (an International).8 The millwrights
and the carpenters' locals bargain together for collective-
bargaining agreements , but they maintain separate hiring
halls and dispatch lists.
Locals 1827 and 1780 are associated in the Carpenters
and Joiners Apprenticeship Training program, conducted
pursuant to Federal and state laws and regulations. A
principal purpose of the program is to provide training for
minority groups. The program is conducted jointly by
management and labor, with each having an equal number
(four) on the board of trustees. Locals 1827 and 1780 each
have a representative on the board of trustees. Information
relative to the apprenticeship program is disseminated each
year to high schools, appropriate Federal and state
agencies, and elsewhere, after the number of openings is
determined for the year. Applications are prepared by the
applicants, who then take a qualification test primarily
devoted to mathematics and reading comprehension. If
applicants pass the test they must submit references and
personal background information, and attend an oral
interview, conducted by a committee of four representa-
tives from labor and three from management. Those who
apply but who fail to pass the qualification test are offered
6 weeks' training9 and given another opportunity to take
the test. After passing the test, applicants are given work in
the daytime and attend school 2 nights per week for 12
weeks. They then enter the apprenticeship training pro-
gram . Applicants are selected in the same manner, whether
they want to become millwrights or carpenters.10 The first
2 years' work in the apprenticeship program is the same for
millwrights and carpenters. At the end of 2 years trainees
are given the option to continue as millwright, or as
carpenter, trainees . The choice is theirs, but most trainees
go into the carpentry program because millwright job
opportunities are quite limited. At the present time the
program has 130 carpenter and 10 millwright trainees, with
17 percent of the total being from minority groups. Of the
10 millwright trainees, 9 are white and 1 is an Oriental.
Only 2 of the 10 are presently employed. In some years
there are no openings in the millwright program because of
the limited job opportunities available.
Discussion
Respondent argues that Local 1827 must be denied the
remedial procedures of the Board because "the evidence
establishes as an undeniable fact that the policies of Local
1827 have, intentionally or unintentionally, resulted in
discrimination against blacks, Spanish-Americans and
women." The "undeniable fact" alleged by Respondent is
stated to consist of statistical data, absence of specific
antidiscrimination language in the bylaws of Local 1827,
and operation of an apprenticeship program "as a facade
of compliance with Federal Law."
9 At the present time 10 people are taking this training. Eight are black,
one is an Indian , and one is a white female.
10 Applicants state on their applications whether they are interested in
the millwright or the carpenter program.
INDUSTRIAL STEEL CORPORATION
It is noted at the outset that Respondent , who has the
burden of proving its affirmative defense , introduced no
evidence , however slight, of an affirmative nature to show
that Respondent in any manner practices discrimination.
No instance was shown wherein membership has been
denied to anyone . Respondent relies solely upon statistics
which , it is contended , raise an inference of discrimination.
The matter of reliance upon statistics alone was dis-
cussed by the Board in Grants Furniture Plaza, Inc. of West
Palm Beach, Fla., 213 NLRB 410 (1974). The Board there
stated at 410-411:
Nor do we find sufficient to warrant a hearing the
evidence offered in the form of statistics purporting to
show that the labor organization seeking certification
here has a membership in which certain minority
groups appear in numbers less than the population
ratio of such minorities to the total population in the
area in which this labor organization operates. No
evidence was proffered here to show that the Petitioner,
through a hiring hall or other means , exercises any
control whatsoever over the racial , sexual or ethnic
composition of those who enter the work force and,
thus , those who are or may become its members. In the
absence of such evidence we must assume that the
employers in the area exercise the true control over the
selection of the work forces , and that only after the
employer selection process has been effective do
employees normally either voluntarily seek member-
ship in the union , in some instances , do so as required
under the terms of a valid union-security agreement.
Without passing, therefore, in this case , upon the
appropriate weight to be given statistical data as to the
racial or ethnic composition of the Union 's member-
ship in a setting wherein evidence is offered to show
either that the Union controls or substantially influenc-
es access to employment, or deliberately restricts access
to its own membership rolls, we conclude that it would
be improper to draw any inferences of union propensity
for discrimination on the sole basis of such statistical
evidence in the instant setting. We therefore conclude
in agreement with the Regional Director that this
statistical evidence standing alone is insufficient to
warrant the holding of a hearing.
Moreover , the statistics relied upon by Respondent are
equivocal , at best . Population figures for the area encom-
passed by Local 1827's jurisdiction show a total work force
of 158 ,521, of which 22,099 , or approximately 13.5 percent,
are members of minority groups . According to Bendetti's
testimony, ll at least 9 of Local 1827's total membership of
103, or approximately 8.7 percent , are members of minority
groups . He was not able to obtain complete information in
answer to - Respondent's subpena, and it is possible that the
minority percentage is greater than 8 .7 percent. However,
even if no credit is given for others, it is apparent that
Respondent's claim of "a stark picture of the present
imbalance . . . ." is overdrawn . Respondent did not show
"a stark picture" of imbalance - it showed no more than
11 Benedetti 's testimony was straightforward and candid. He exhibited
extensive personal knowledge about his union in particular, and the Las
Vegas area in general . He is credited.
805
the possibility of some imbalance . Thus, even if the record
is considered in light most favorable to Respondent, the
burden of proving a defense based upon statistics was not
met. Neither the Board nor the courts have held that
statistics alone , with no supporting facts, will warrant a
finding of discriminatory practice . To the contrary, it is
quite clear that such a fmding would not be supported. The
Ninth Circuit Court of Appeals has stated:12
Of course, as is the case with all statistics , their use is
conditioned by the existence of proper supportive facts
and the absence of variables which would undermine
the reasonableness of the inference of discrimination
which is drawn . [Footnote omitted.]
In this case Respondent showed no "supportive facts" or
"absence of variables." 13
Again considering Respondent's case in light most
favorable to it , and assuming arguendo that some racial
imbalance is shown, General Counsel effectively rebutted
any inference that might be drawn from Respondent's
statistics . Included in that rebuttal are the following:
a. The International constitution and Local 1827's past
and current bargaining agreements contain strong lan-
guage , quoted above, against discrimination . Respondent
introduced no evidence that any such provision or
agreement has been violated.
b. Members, including those of minority races, have
transferred into Local 1827 from other locals . Benedetti
credibly testified that he knows of no instance wherein a
prospective transferee was denied a transfer . Further,
Benedetti credibly testified that he knows of no instance
wherein any applicant has been denied membership in
Local 1827 because of race or other discriminatory reason.
c. Benedetti credibly testified that members of other
locals, including those of minority races , have been given
work permits by Local 1827, and that he knows of no
refusal to give a work permit.
d. One method of obtaining membership in Local 1827
is through unit organization, such as in the case herein.
Benedetti credibly testified that , in such instances, minori-
ties are accepted on the same basis as all others . There is no
evidence that Local 1827 limited its proposed membership
herein, in any manner , or that this method of obtaining
membership in Local 1827 ever has excluded a minority.
e. At the present time millwrights are working on only
one job within the jurisdiction of Local 1827 . There are 14
millwrights employed on that job, of which 3 are of
minority races: 2 American Indians and 1 Asian.
f. Local 1827 never has been found guilty of racial
discrimination , nor has any such charge ever been filed
against it.
g. In 1972 Benedetti , while president of Local 1827,
appointed a Mexican-American (minority) as pro tem
recording secretary of Local 1827. The present office
secretary is a woman . A black member of the Local was
elected by the membership as Local 1827 warden, from
1970 to 1974.
12 United States v. Ironworkers Local 86, et al., 443 F .2d 544, 544-551
(C.A. 9, 1971), cert. denied 404 U.S. 984 (1971).
13 See also Hawkins Construction Company, 210 NLRB 965 (1974).
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
h. The apprenticeship program , discussed above, was
established and largely is administered for the benefit of
minorities . Local 1827 is an active participant in the
apprenticeship program . The Local contributes funds and
personnel to the program , and offers Local 1827 member-
ship to all millwright apprentices , regardless of race. The
fact that relatively few applicants exercise their option to
go into the millwright program clearly is because of the
very limited employment opportunities available to mill-
wrights . Benedetti credibly testified that Las Vegas is not
an industrial city, that the demand for millwrights is li ght,
and that millwrights work at their trade within Local 187's
jurisdiction only about 25 percent of the time. This
testimony is credible when a comparison is made between
Local 1827's small membership (103) and that of the
Carpenters' Local 1780 (2,300).
It is quite clear from the testimony of Benedetti and
McKenna, 14 and it is found , that the apprenticeship
program is conducted pursuant to Federal and State of
California laws, and in cooperation with the city of Las
Vegas, on a fair and impartial basis, free of discrimination.
Study of the record thus shows that Mansion House is not
a defense herein , for that case turned upon the practice of
the union there involved . As the court stated , at page 474:
... we hold the remedial machinery of the [Act]
cannot be available to a union which is unwilling to
correct past practices of racial discrimination . Federal
complicity through recognition of a discriminating
union serves not only to condone the discrimination,
but in effect legitimizes and perpetuates such invidious
practices . Certainly such a degree of federal participa-
tion in the maintenance of racially discriminatory
practices violates basic constitutional tenets.
The Board subsequently adopted the Mansion House rule
in Bekins Moving & Storage Co. of Florida, Inc.,15 holding
that since the Fifth Amendment "forbids the participation
in, and the actual practice of, invidious discrimination by
the Federal Government ," the NLRB has no constitutional
power to confer representation certificates upon unions
which practice racial discrimination . In the instant case not
only is there an absence of proof of discriminatory
practice, there is substantial proof that Respondent has
made, and is making, diligent effort through an apprentice-
ship program to provide millwright opportunities to all who
want them, without discrimination.16
Respondent unlawfully having refused to bargain with
the Union, certified by the Board as the bargaining
representative for the unit described above , the allegations
of the complaint are proved.17
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
Respondent's activities set forth in section III, above,
occurring in connection with the operations of Respondent
14 McKenna is not affiliated in any manner with, nor is he a member of,
Local 1827.
is 211 NLRB 138(1974).
16 This factor is entitled to, and is given, considerable weight. Hawkins
Construction Company, supra
17 In view of this finding it is not necessary to discuss or make findings
relative to General Counsel's argument that Respondent's reliance upon
Mansion House was offered in an untimely manner.
described in section I, above, have a close , intimate, and
substantial relationship to trade , traffic, and commerce
among the several States and tend to lead to labor disputes
burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that Respondent has engaged in certain
unfair labor practices, it will be recommended that
Respondent be ordered to cease and desist therefrom, and
to take certain affirmative action necessary to effectuate
the policies of the Act.
Upon the basis of the foregoing findings of fact, and
upon the entire record in the case , I make the following:
CONCLUSIONS OF LAW
1. Industrial Steel Corporation , Respondent herein, is
an employer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
2. Millwright & Machinery Erectors Local 1827, Unit-
ed Brotherhood of Carpenters and Joiners of America,
AFL-CIO, is a labor organization within the meaning of
Section 2(5) of the Act.
3. The following unit is an appropriate unit within the
meaning of Section 9(b) of the Act:
All production and maintenance employees employed
by Respondent at its facilities located at 3665 Industrial
Road, Las Vegas , Nevada 89109 ; but excluding all
office clerical employees, guards, and supervisors as
defined in the Act.
4. The above-named labor organization is, and has
been since April 7, 1976 , the exclusive representative of all
employees in the aforesaid appropriate unit , for the
purposes of collective bargaining within the meaning of
Section 9(a) of the Act.
5. Respondent has engaged in unfair labor practices in
violation of Section 8(aX5) and (1) of the Act by refusing,
since May 11, 1976, to bargain with the Union upon the
latter's request, as the exclusive bargaining representative
of the employees in the unit described in paragraph 3
above.
6. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of
Section 2(6) and (7) of the Act.
Upon the foregoing findings of fact, conclusions of law,
and the entire record , and pursuant to Section 10(c) of the
Act, I hereby issue the following recommended:
ORDER 18
Respondent, Industrial Steel Corporation, Las Vegas,
Nevada, its officers, agents, successors , and assigns , shall:
1. Cease and desist from:
is In the event no exceptions are filed as provided by Sec. 102.46 of the
Rules and Regulations of the National Labor Relations Board , the findings,
conclusions , and recommended Order herein shall, as provided in Sec.
102.48 of the Rules and Regulations , be adopted by the Board and become
its findings, conclusions , and Order, and all objections thereto shall be
deemed waived for all purposes.
INDUSTRIAL STEEL CORPORATION
(a) Refusing to bargain with Millwright & Machinery
Erectors Local 1827, United Brotherhood of Carpenters
and Joiners of America , AFL-CIO, as the exclusive
representative of the following appropriate bargaining
unit:
All production and maintenance employees employed
by Respondent at its facilities located at 3665 Industrial
Road, Las Vegas, Nevada 89109; but excluding all
office clerical employees, guards, and supervisors as
defined in the Act.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of rights
guaranteed under Section 7 of the Act.
2. Take the following affirmative action which is
deemed necessary to effectuate the policies of the Act:
(a) Recognize and, upon request, bargain collectively
with Millwright & Machinery Erectors Local 1827, United
Brotherhood of Carpenters and Joiners of America, AFL-
CIO, as the exclusive representative of all employees in the
appropriate unit described above, with regard to rates of
pay, hours of employment, and other terms and conditions
of employment and, if an understanding is reached,
embody such understanding in a signed agreement.
(b) Post at its Las Vegas, Nevada, facility copies of the
attached notice marked "Appendix." 19 Copies of said
notice, on forms provided by the Regional Director for
Region 31, after being duly signed by Respondent's
authorized representative, shall be posted by Respondent
immediately upon receipt thereof, and shall be maintained
by it for 60 consecutive days thereafter in conspicuous
places , including all places where notices to employees
customarily are posted. Reasonable steps shall be taken by
19 In the event that the Board 's Order is enforced by a Judgment of a
United States Court of Appeals, the words in the notice reading "Posted by
Order of the National Labor Relations Board" shall read "Posted Pursuant
to a Judgment of the United States Court of Appeals Enforcing an Order of
the National Labor Relations Board.
807
Respondent to insure that said notices are not altered,
defaced, or covered by any other material.
(c) Notify the Regional Director for Region 31, in
writing, within 20 days from the date of this Order, what
steps Respondent has taken to comply herewith.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain with Millwright &
Machinery Erectors Local 1827, United Brotherhood of
Carpenters and Joiners of America, AFL-CIO, as the
exclusive representative of the following appropriate
bargaining unit:
All production and maintenance employees em-
ployed by us at our facilities located at 3665
Industrial Road, Las Vegas, Nevada 89109; but
excluding all office clerical employees, guards,
and supervisors as defined in the Act.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce our employees in the exercise
of rights guaranteed under Section 7 of the Act.
WE WILL recognize and, upon request, bargain
collectively with the aforesaid Union as the exclusive
representative of all employees in the appropriate unit,
described above, with regard to rates of pay, hours of
employment, and other terms and conditions of
employment and, if an understanding is reached,
embody such understanding in a signed agreement.
INDUSTRIAL STEEL
CORPORATION