Local 445, IUE

National Labor Relations Board - Board Decisions

Jan 16, 1975

216 N.L.R.B. 173 (N.L.R.B. 1975)

LOCAL 445, IUE 173
Local 445, International Union of Electrical, Radio
and Machine Workers, AFL-CIO and Sperry
Systems Management Division , Sperry Rand
Corporation . Case 29-CB-1019
January 16, 1975
SUPPLEMENTAL DECISION AND
ORDER
BY ACTING CHAIRMAN FANNING AND
MEMBERS JENKINS, KENNEDY, AND PENELLO
On March 5, 1973, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding, finding that the Respondent
Union (hereafter the Union) had not committed the
alleged violations of Section 8(b)(3) of the National
Labor Relations Act, as amended, and ordering that
the complaint be dismissed in its entirety.' Thereaft-
er, Sperry Systems Management Division, Sperry
Rand Corporation (hereafter Sperry), the Charging
Party herein, filed a petition for review and the
Board filed a cross-application for enforcement of
the Order with the United States Court of Appeals
for the Second Circuit.
On February 15, 1974, the court issued its
decision 2 vacating the Board 's Order and remanding
the case for further proceedings consistent with its
opinion. The court held, contrary to the decision of a
majority of the Board,3 that the evidence and the
applicable law established the alleged violation of
Section 8(b)(3) of the Act and that the Board
therefore erred in dismissing the complaint.
On May 6, 1974, the Board, through its Executive
Secretary, notified the parties that the Board had
decided to accept the remand of the court and
further advised the parties that any of them that
wished to do so might now file a statement of
position with respect to the issues raised by the
court's remand. Thereafter, by letter dated May 9,
1974, the Respondent set out its position with respect
to the issues raised by the court 's remand and also
advised that it intended to petition the United States
Supreme Court for a writ of certiorari in this matter.
Subsequently, Respondent did file with the United
States Supreme Court a petition for certiorari on the
decision of the Court of Appeals for the Second
Circuit, supra; and, on October 15, 1974, the
Supreme Court denied that petition, 419 U.S. 831.
202 NLRB 183.
s 492 F.2d 63.
3 Members Kennedy and Penello dissented.
4 Subsequently the Respondent moved that the Board, in its Order,
substitute for the certified unit description (set forth by the Administrative
Law Judge, 202 NLRB at 187) the occupations set forth under Art. 2 of the
then current and subsisting collective agreement between the parties, and
the Charging Party agreed that the classifications listed be so conformed.
Accordingly, par. 1(c) of our Order herein reflects the unit description thus
On October 30, 1974, the Board, through its
Executive Secretary, again invited the parties to now
state their position with respect to the issues raised
by the court's remand. Responses were then filed by
the General Counsel, by the Charging Party, and by
the Respondent .4
The Board has duly considered the decision of the
Court of Appeals for the Second Circuit in light of
the statements of position filed by the parties in this
proceeding. Adopting, as the law of this case, the
court's finding concerning the unlawful nature of
Respondent's conduct as established by the record in
this case, the Board now concludes that the alleged
violations of Section 8(b)(3) of the Act, as described
by the complaint, must be and they hereby are
sustained.5 The Board deems it appropriate, there-
fore, to issue a remedial order in the terms set out
below.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that Local 445,
International Union of Electrical, Radio and Ma-
chine Workers, AFL-CIO, its officers, representa-
tives, and agents, shall:
1. Cease and desist from:
(a) Using, or attempting to use, the grievance and
arbitration procedures established by its collective-
bargaining agreement with Sperry Systems Manage-
ment Division, Sperry Rand Corporation, covering
the unit of Metropolitan New York City area
employees described below, for the purpose of
compelling Sperry Rand to apply the substantive
terms of that agreement to unrepresented technical
employees engaged by that Company at its Vallejo,
California, plant.
(b) In any other manner using the collective-
bargaining process as established for the unit of the
below-described employees as a means of protesting
or otherwise determining the wages, hours, and
working conditions of unrepresented employees at
Sperry's Vallejo, California, facilities.
(c) Attempting in any like or related manner to
expand its established collective-bargaining relation-
ship beyond the bounds of the unit composed of the
following employees:
agreed upon.
5 Contrary to Respondent's position, the Board finds nothing in the
court's decision which permits the Board to entertain Respondent's request
that the hearing be reopened so that Respondent may adduce further
evidence in support of its defense to the alleged 8(b)(3) violation . Moreover,
the motion is not granted for the additional reason that Respondent has not
indicated that any evidence it now seeks to adduce was not available to it
when the hearing on the complaint was held.
216 NLRB No. 30
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Design draftsmen , senior draftsmen, draftsmen,
drafting typists, diagrammer operators , editorial
assistants , engineering writers I and II, parts
catalog writers I and II , senior industrial illustra-
tors, industrial illustrators , technical illustrator
specialists , senior technical illustrators , technical
illustrators, engineering aides, logistic assistants,
material test coordinators , material laboratory
assistants I and II , senior plant layout engineers,
plant layout engineers , plant layout draftsmen
and development technicians, employed at Sper-
ry's plants in Metropolitan New York City,
including Nassau and Suffolk Counties, on
temporary assignments wherever located from
said plant; and/or temporary or permanent
assignments from said plants to customer or
vendor installations , wherever located , exclusive
of all guards , watchmen, professional employees
and supervisors as defined in the Act and all
other employees not employed in the included
classifications.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Post at its offices and meeting halls copies of
the attached notice marked "Appendix." 6 Copies of
said notice, on forms provided by the Regional
Director for Region 29, after being duly signed by
Respondent Union's official representative, shall be
posted by it immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaft-
er, in conspicuous places , including all places where
notices to members are customarily posted . Reasona-
ble steps shall be taken by Respondent Union and its
agents to insure that such notices are not altered,
defaced, or covered by any other material.
(b) Notify the Regional Director for Region 29, in
writing, within 20 days from the date of this Order,
what steps the Respondent Union has taken to
comply herewith.
6 In the event that 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 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."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT use, or attempt to use, the
grievance and arbitration procedures established
by our collective-bargaining agreement with
Sperry Systems Management Division, Sperry
Rand Corporation, covering the certified unit of
Metropolitan New York City area employees
described below, for the purpose of compelling
Sperry Rand to apply the substantive terms of
that agreement to unrepresented technical em-
ployees engaged by that Company at its Vallejo,
California, plant.
WE WILL NOT in any other manner use the
collective-bargaining process as established for
the unit of the below-described employees as a
means of protesting or otherwise determining the
wages, hours, and working conditions of unrepre-
sented employees at Sperry's Vallejo, California,
facilities.
WE WILL NOT attempt in any like or related
manner to expand our established collective-
bargaining relationship beyond the bounds of the
unit composed of the following employees:
Design draftsmen , senior draftsmen,
draftsmen , drafting typists, diagrammer
operators , editorial assistants , engineering
writers I and II , parts catalog writers I and
II, senior industrial illustrators , industrial
illustrators , technical illustrator specialists,
senior technical illustrators , technical illus-
trators, engineering aides, logistic assistants,
material test coordinators , material laborato-
ry assistants I and II, senior plant layout
engineers , plant layout engineers, plant
layout draftsmen and development techni-
cians, employed at Sperry's plants in Metro-
politan New York City, including Nassau
and Suffolk Counties , on temporary assign-
ments wherever located from said plant;
and/or temporary or permanent assignments
from said plants to customer or' vendor
installations , wherever located, exclusive of
all guards, watchmen, professional employ-
ees and supervisors as defined in the Act and
all other employees not employed in the
included classifications.
LocAL 445,
INTERNATIONAL UNION
OF ELECTRICAL, RADIO
AND MACHINE WORKERS,
AFL-CIO