J. P. Stevens & Co.

National Labor Relations Board - Board Decisions

Oct 20, 1983

268 N.L.R.B. 60 (N.L.R.B. 1983)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
J. P. Stevens & Company, Inc. and Amalgamated
Clothing & Textile Workers Union, AFL-CIO-
CLC. Cases 11-CA-6038, 11-CA-6207, and
I 1-CA-6895
20 October 1983
SUPPLEMENTAL DECISION AND
ORDER
On 12 December 1978 the National Labor Rela-
tions Board issued its Decision and Order in this
case which, inter alia, imposed several extraordi-
nary remedies upon J. P. Stevens & Company,
Inc., herein called Respondent.' On 11 June 1980
the U.S. Court of Appeals for the Fourth Circuit
enforced the Board's Order in part and excluded
the extraordinary remedies requiring that Respond-
ent reimburse Amalgamated Clothing & Textile
Workers Union, AFL-CIO-CLC, herein called the
Union, and the Board their litigation expenses and
the Union its negotiation expenses.2 The court re-
manded these issues for the Board to "explicate
more fully its reasons for requiring reimbursement
in this case." 3
On 13 October 1983 Respondent, the Union, and
the General Counsel of the National Labor Rela-
tions Board entered into a Settlement Stipulation,
subject to the Board's approval, providing, inter
alia, that without further notice or proceedings
herein, the Board may enter an Order modifying its
previous Order in this case as set forth in the Set-
tlement Stipulation.
Having considered the matter, the Board ap-
proves the Settlement Stipulation. Accordingly,
Respondent J. P. Stevens & Company, Inc., its offi-
cers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Bargaining in bad faith for a collective-bar-
gaining agreement, and about other mandatory sub-
jects of bargaining with Amalgamated Clothing &
Textile Workers Union, AFL-CIO-CLC (the
Union), as the exclusive representative of its em-
ployees in the following appropriate bargaining
unit (and in all other bargaining units as to which
labor organization's right to represent employees
has been established in appropriate legal proceed-
ings):
All production and maintenance employees in-
cluding plant clerical employees, laboratory
technicians, janitors, local truck drivers, train-
ing center instructors, customer service man
and the mail carrier at Respondent's Roanoke
No. 1, Roanoke No. 2, Patterson, Rosemary,
Delta No. 4, fabricating, and Roanoke Yarn
239 NLRB 738.
2 623 F.2d 322, cert. denied 449 U.S. 1077 (1981).
3 623 F.2d at 329.
268 NLRB No. 23
and Dye plants at Roanoke Rapids, North
Carolina, but excluding office clerical employ-
ees, professional employees, fire-watchers,
yarn planning man, designer and assistant de-
signer, the design department, and guards and
supervisors as defined in the Act.
(b) Unilaterally taking action with respect to
wages, hours, and other terms and conditions of
employment without affording the Union, or any
other labor organization entitled as indicated
above, reasonable opportunity to bargain thereon.
(c) Refusing to timely furnish information to the
Union, or to any other labor organization entitled
as indicated above, which is relevant and useful to
the performance of the statutory duties of a labor
organization.
(d) In any other manner interfering with, re-
straining, or coercing employees in the exercise of
the rights set out in Section 7 of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Upon request, bargain collectively and in
good faith with the Union as the exclusive repre-
sentative of all employees in the above-described
unit with respect to wages, hours, and other terms
and conditions of employment, and upon request
embody in a signed agreement any final under-
standing reached.
(b) Consult with the Union and afford it an op-
portunity to bargain collectively with respect to
any changes in wages, hours, and other terms and
conditions of employment before implementing
such changes.
(c) Give prompt notice to the Union of Respond-
ent's decision to announce or institute systemwide
changes in employee benefits; produce upon re-
quest all information relevant thereto for purposes
of collective bargaining, prior to announcement or
implementation of such changes in benefits on a
companywide basis; and afford the Union an op-
portunity effectively to negotiate regarding similar
or identical contemplated changes in such employ-
ee benefits for the bargaining unit at the Roanoke
Rapids plant.
(d) Make whole all employees adversely affected
by Respondent's unilateral changes in the practice
of awarding free time for double-shift work, and in
the computation of holiday pay, as set forth in the
section of the Administrative Law Judge's decision
entitled "The Remedy."
(e) Post in conspicuous places including all
places where notices to employees customarily are
posted at Respondent's Roanoke Rapids facilities
copies of the attached notice marked "Appendix."
Copies of said notice will be furnished by the Re-
60
J. P. STEVENS & CO.
gional Director for Region 11, and after being
signed by Respondent's representative, shall be
posted immediately upon receipt thereof, and be
maintained by Respondent for 60 consecutive days
thereafter. Reasonable steps shall be taken by Re-
spondent to ensure that said notices are not altered,
defaced, or covered by any other material.
(f) Upon request of the Union, made within 2
years from the date hereof, immediately grant the
Union and its representatives reasonable access to
the plant bulletin boards and all places where no-
tices to employees are customarily posted, at each
of Respondent's plants, for a period of 1 year from
the date of request.
(g) In the event that during a period of 2 years
following entry of this Order, any supervisor or
agent of Respondent convenes any group of em-
ployees at any of the Respondent's plants and ad-
dresses them on the question of union representa-
tion, give the Union reasonable opportunity to be
present at such speech, and, upon request of said
representatives, permit one of them to address the
employees for the same amount of time as Re-
spondent's address.
(h) If, within the next 2 years, the Board sched-
ules an election in which the Union participates at
any of Respondent's plants, then, upon request by
the Union, afford at least two union representatives
reasonable access to each of the Respondent's said
plants and appropriate facilities to deliver a 30-
minute speech to employees on working time, the
date thereof to be within 10 working days before
but not within 48 hours prior to any such election.
(i) Upon request of the Union, immediately fur-
nish it with lists of the names, addresses, and classi-
fications of all of the Respondent's employees at
each of its plants as of the latest available payroll
date, and furnish a corrected, current list to the
Union at the end of each 6 months thereafter
during the 2-year period referred to above.
(j) For the next 2-year period, upon request of
the Union, without delay, permit a reasonable
number of union representatives access for reasona-
ble periods of time to all its canteens, rest and
other nonwork areas, including parking lots, within
each of its plants, for the purpose of communicat-
ing orally and in writing with the employees in
such areas during changes of shift, breaks, meal-
times, or other nonwork periods. Respondent shall
formulate rules on this subject in the same mannner
as provided in paragraph 10 of the contempt adju-
dication issued by the United States Court of Ap-
peals for the Second Circuit in NLRB v. J. P. Ste-
vens & Co., 96 LRRM 2748 (October 19, 1977).
(k) Preserve and, upon request, make available to
the Board or its agents for examination and copy-
ing, all payroll records, and all other records nec-
essary or appropriate to analyze the amounts due
employees.
(I) Notify the Regional Director for Region 11 in
writing within 20 days of the date of this Order,
what steps Respondent has taken to comply here-
with.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
The Act gives employees the following rights:
To engage in self-organization
To form, join, or assist any union
To bargain collectively through representa-
tives of their own choice
To engage in activities together for the pur-
pose of collective bargaining or other mutual
aid or protection
To refrain from the exercise of any or all
such activities.
The Amalgamated Clothing & Textile
Workers Union, AFL-CIO-CLC, is the recog-
nized collective-bargaining representative of
our hourly employees at Roanoke Rapids,
North Carolina.
WE WILL NOT refuse to bargain in good faith for
a collective-bargaining agreement with the afore-
said Union regarding wages, hours, and working
conditions of the employees in the bargaining unit.
WE WILL NOT take action affecting wages,
hours, and working conditions of such employees
without negotiating with the Union.
WE WILL NOT refuse to furnish information to
the Union to which it is entitled under the law.
The foregoing applies as well to any labor organi-
zation which is now, or hereafter becomes, entitled
to represent any of our employees.
WE WILL NOT in any like or related manner re-
strain or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
61
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL compensate all Roanoke Rapids em-
ployees who were affected by our 1974 change in
the policy relating to free time for employees
working double shifts.
WE WILL compensate, with interest, all Roanoke
Rapids employees who lost money because of our
change in the method of computing holiday pay in
1974 and 1975.
J. P. STEVENS & COMPANY, INC.
62