Local 1064, United Catering, Restaurant, Bar And Hotel Workers Union, Rwdsu, Afl-Cio (Service America Corp.)

National Labor Relations Board - Board Decisions

Jun 28, 1990

298 N.L.R.B. 872 (N.L.R.B. 1990)

872 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Local 1064, United Catering, Restaurant, Bar and
Hotel Workers Union, RWDSU, AFL-CIO
(Service America Corp .) and Dianna Pack and
Brenda Chapman . Case 7-CB-8051
June 28, 1990
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND OVIATT
Upon a charge filed by Dianna Pack and Brenda
Chapman on September 26, 1989, the General
Counsel of the National Labor Relations Board
issued a complaint on December 1, 1989, against
Local 1064, United Catering, Restaurant, Bar and
Hotel Workers Union, RWDSU, AFL-CIO (the
Respondent), alleging that it violated Section
8(b)(1)(A) and (2) of the National Labor Relations
Act. The Respondent filed a timely answer, admit-
ting in part and denying in part the allegations in
the complaint.
On February 12, 1990, the General Counsel filed
a Motion to Transfer Case to the Board and for
Summary Judgment. On February 9, 1990, the Re-
spondent filed an answer to the motion to transfer
case to the Board. On February 14, 1990, the
Board issued an order transferring the proceeding
to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent did
not file a response to the Notice to Show Cause.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
In its answer to the General Counsel's motion to
transfer case to the Board, the Respondent admits
that it violated Section 8(b)(1)(A) and (2) of the
Act as alleged in the complaint. The Respondent
further avers that it is waiving any defense to the
instant unfair labor practice allegations, and is only
contesting the amount of backpay due the Charg-
ing Parties. It is well established that such remedial
questions are appropriately resolved in the compli-
ance stage of unfair labor practice proceedings.1
Accordingly, based on the Respondent's admis-
sions, there are no factual issues regarding the Re-
spondent's violation of Section 8(b)(1)(A) and (2)
of the Act.
We therefore grant the General Counsel's
Motion for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
1 See Nick Robilotto, Inc., 292 NLRB 1279 (1989)
FINDINGS OF FACT
I.. JURISDICTION
The Employer, Service America Corporation, a
Connecticut corporation with an office and place
of business at the General Motors Hydra-Matic Di-
vision plant in Ypsilanti, Michigan, is engaged in
providing in-plant food services. During the year
ending December 31, 1988, a representative period,
the Employer in the course and conduct of its busi-
ness operations had gross revenues in excess of
$500,000 and purchased and received at its Ypsilan-
ti place of business goods and materials valued in
excess of $50,000 from points located outside the
State of Michigan. We find that the Employer is an
employer engaged in commerce within the mean-
ing of Section 2(2), (6), and (7) of the Act and that
the Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
Anna Lawson, chief steward of the Respondent,
is, and has at all times material been, an agent of
the Respondent within the meaning of Section
2(13) of the Act. About August 7, 1989, the Re-
spondent, acting through Anna Lawson, entered
into an understanding with the Employer that em-
ployees Dianna Pack and Brenda Chapman would
not be able to bump into the jobs held by Lynn
Hagerty and Pat McPherson because the latter two
employees were stewards on behalf of Respondent.
By doing so, the Respondent exercised supersenior-
ity on behalf of its stewards. The Respondent had
no legal representational justification for the grant-
ing of this job preference to stewards. By the
above actions, the Respondent restrained and co-
erced employees in the exercise of rights guaran-
teed in Section 7 of the Act, and caused the Em-
ployer to discriminate against employees in viola-
tion of Section 8(a)(3) of the Act.
CONCLUSIONS OF LAW
1. By entering into an understanding with the
Employer according superseniority to stewards for
purposes of job preference, with no legal represen-
tational justification, the Respondent has engaged
in unfair labor practices affecting commerce within
the meaning of Section 8(b)(l)(A) and (2) and Sec-
tion 2(6) and (7) of the Act.
2. By discriminating against Dianna Pack and
Brenda Chapman by effectively according super-
seniority to stewards Lynn Hagerty and Pat
McPherson for purposes of job preference with no
legal representational justification, the Respondent
has engaged in unfair labor practices affecting com-
298 NLRB No. 132
HOTEL & RESTAURANT EMPLOYEES LOCAL 1064 (SERVICE AMERICA) 873
merce within the meaning of Section 8(b)(1)(A)
and (2) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged
in certain unfair labor practices, we shall order it
to cease and desist and to take certain affirmative
action designed to effectuate the policies of the
Act.
We have found that the superseniority under-
standing at issue here is unlawful and shall order
the Respondent to cease and desist from maintain-
ing or enforcing that understanding to the extent it
accords stewards superseniority for purposes of job
preference not necessary to keep the stewards in
their areas of representation. To remedy the dis-
criminatory application of the understanding, we
shall order the Respondent to make Dianna Pack
and Brenda Chapman whole for any loss of earn-
ings suffered as a result of the discrimination
against them, in the manner prescribed in F. W.
Woolworth Co., 90 NLRB 289 (1950), with interest
to be computed in the manner prescribed in New
Horizons for the Retarded, 283 NLRB 1173 (1987).
We shall also order the Respondent to notify Pack,
Chapman, and the Employer that it will not re-
quest, or insist on, superseniority for its stewards
for purposes of job preference without legal repre-
sentational justification.
ORDER
The National Labor Relations Board orders that
the Respondent, Local 1064, United Catering, Res-
taurant, Bar and Hotel Workers Union, RWDSU,
AFL-CIO, Dearborn, Michigan, its officers,
agents, and representatives, shall
1. Cease and desist from
(a) Maintaining and enforcing its understanding
with Service America Corporation, the Employer,
according superseniority for purposes of job prefer-
ence to stewards that is not required to keep the
stewards within their areas of representation.
(b) Discriminating against Dianna Pack and
Brenda Chapman by granting superseniority for
purposes of job preference to stewards Lynn Ha-
gerty and Pat McPherson when such protection is
not required to keep the stewards in their areas of
representation.
(c) In any like or related manner restraining or
coercing the employees of the Employer in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Make Dianna Pack and Brenda Chapman
whole for any loss of earnings- and other benefits
they may have suffered as a result of the discrimi-
nation against them in the manner set forth in the
remedy section of this decision.
(b) Notify the Employer, Dianna Pack, and
Brenda Chapman in writing that it will not request,
or insist on, superseniority for its stewards for pur-
poses of job preference without legal representa-
tional justification.
(c) Post at its business office and meeting hall
copies of the attached notice marked "Appendix."2
Copies of the notice, on forms provided by the Re-
gional Director for Region 7, after being signed by
the Respondent's authorized representative, shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 consecutive days in
conspicuous places including all places where no-
tices to members are customarily posted. Reasona-
ble steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or
covered by any other material.
(d) Sign and return to the Regional Director suf-
ficient copies of the attached notice for posting by
the Employer, if it is willing, at all places where
notices to employees are customarily posted.
(e) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has' taken to comply.
2 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 Nation-
al 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."
APPENDIX
NOTICE To EMPLOYEES AND MEMBERS
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.
WE WILL NOT maintain and enforce our under-
standing with Service America Corporation ac-
cording superseniority for purposes of job prefer-
ence to stewards that is not required to keep the
stewards within their areas of representation.
WE WILL NOT discriminate against Dianna Pack
and Brenda Chapman by granting superseniority
for purposes of job preference to stewards Lynn
Hagerty and Pat McPherson when such protection
is not required to keep the stewards in their areas
of representation.
874 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
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.
WE WILL make Dianna Pack and Brenda Chap-
man whole, with interest, for any loss of earnings
and other benefits they may have suffered as a
result of the discrimination against them.
WE WILL NOT notify the Employer and Dianna
Pack and Brenda Chapman that we will not re-
quest or insist on superseniority for our stewards
for purposes of job preference without legal repre-
sentational justification.
LOCAL 1064, UNITED CATERING,
RESTAURANT, BAR AND HOTEL
WORKERS UNION, RWDSU, AFL-
CIO