Long Lake Lumber Co.

National Labor Relations Board - Board Decisions

Jan 15, 1968

169 N.L.R.B. 148 (N.L.R.B. 1968)

148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Long Lake Lumber Company and International
Woodworkers of America, AFL-CIO, Local 3-10.
Case 19-CA-3259
January 15,1968
SUPPLEMENTAL DECISION AND
AMENDED ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND JENKINS
On September 29, 1966, the National Labor
Relations Board issued its Decision and Order in
this case,' in which the parties waived a hearing be-
fore a Trial Examiner and stipulated to the record.
The Board in effect found a violation of Section
8(a)(5) and (1) as alleged by the General Counsel
based on the July 1965 change of workweek of one
maintenance employee without prior consultation
with the Union, the recognized bargaining repre-
sentative of its employees. Although the Board did
not agree with the Respondent's contention that it
was under no obligation to bargain about the work-
week of maintenance employees generally, it con-
cluded that no remedial order was warranted in
view of the limited impact of the change in question,
past scheduling practice, and the fact that some dis-
cussion of the matter occurred upon request of
the bargaining representative.
Thereafter the case was considered by the United
States Court of Appeals for the District of Colum-
bia upon the Charging Party's petition to review.
On June 15, 1967, the court handed down its
opinion, holding that when the Board finds that
there is a violation of the Act, it must, pursuant to
Section 10(c), issue a remedial cease-and-desist
order and take affirmative action to effectuate the
policies of the Act, and this despite the fact that the
violation shown may be de minimis. The court re-
jected the Respondent's contention that the
question of remedy was academic, the Board being
without jurisdiction to adjudicate an 8(a)(5) viola-
tion because the question, as viewed by the
Respondent, was solely one of contract interpreta-
tion. The- court remanded the case to the Board for
further proceedings consistent with its opinion. The
Board did not seek certiorari, and the Respondent
has not done so.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
In conformity with the court's opinion, which is
now the law of the case, we find as follows:
1160 NLRB 1475.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent, set forth in section
III of our original decision, occuring in connection
with the operations described in section I thereof,
have a close, intimate, and substantial relation 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 com-
merce.
THE REMEDY
Having found that Respondent has engaged in
unfair labor practices, we shall order it to cease and
desist therefrom and take affirmative action
designed to effectuate the policies of the Act. We
shall order Respondent to restore the mobile equip-
ment maintenance employee, whose workweek was
changed by the Respondent in July 1965 without
consultation or bargaining with the Union, to his
regularly established workweek beginning Monday
and ending Friday, pending bargaining on this sub-
ject by the parties. We shall, however, not require
that he be "made whole," as requested by the
Charging Union, by payment at the rate of time and
one-half for Saturday work during the period in
question inasmuch as it does not appear that work-
weeks of more than 40 hours were involved.
Upon the basis of the foregoing findings of fact,
and upon the entire record in the case, the Board
makes the following:
CONCLUSIONS OF LAW
1. Long Lake Lumber Company is an Employer
engaged in commerce and business activities affect-
ing commerce within the meaning of Section 2(6)
and (7) of the Act.
2. International Woodworkers of America,
AFL-CIO, Local 3-10, is a labor organization
within the meaning of Section 2(5) of the Act.
3. By placing a maintenance employee on a
workweek of Tuesday through Saturday in July
1965 in violation of Respondent's past practices
and without consulting with the Union, and by
refusing , upon demand by the Union , since on or
about August 18, 1965 , to bargain collectively over
the workweek of maintenance employees, the
Respondent has violated Section 8(a)(5) and (1) of
the Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of the Act.
169 NLRB No. 17
LONG LAKE LUMBER COMPANY 149
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor
Relations Board hereby orders that the Respond-
ent, Long Lake Lumber Company, Spokane,
Washington , its officers , agents, successors , and as-
signs, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Interna-
tional Woodworkers of America , AFL-CIO, Local
3-10, by unilaterally changing the workweek of its
maintenance employees from the established work-
week of Monday through Friday to a workweek of
Tuesday through Saturday.
(b) In any like or related manner interfering
with , restraining , or coercing employees in the exer-
cise of rights guaranteed them in Section 7 of the
Act.
2. Take the following affirmative action which
will effectuate the policies of the Act.
(a) Upon request , bargain collectively in good
faith with International Woodworkers of America,
AFL-CIO, Local 3-10, as the exclusive represent-
ative of all its production and maintenance em-
ployees in the appropriate unit,2 with respect to the
workweek of maintenance employees and related
matters, and if an understanding is reached , embody
such understanding in a written agreement.
(b) Restore to his regularly established work-
week beginning Monday and ending Friday main-
tenance employee William Peck , whose workweek
was changed in July 1965 without consultation or
bargaining with International Woodworkers of
America, AFL-CIO, Local 3-10.
(c) Post at its plant in Spokane , Washington, cop-
ies of the attached notice marked "Appendix." 3
Copies of said notice , on forms provided by the Re-
gional Director for Region 19, after being duly
signed by the Respondent 's representative , shall be
posted by the Respondent immediately upon
receipt thereof, and be maintained by it for 60 con-
secutive days thereafter, in conspicuous places, in-
cluding all places where notices to employees are
customarily posted . Reasonable steps shall be taken
by the Respondent to insure that said notices are
not altered , defaced, or covered by any other
material.
(d) Notify the Regional Director for Region 19,
in writing , within 10 days from the date of this
Order , 'what steps have been taken to comply
herewith.
2 The appropriate unit stipulated by the parties is. All production and
maintenance employees of the Respondent at its lumber manufacturing
plant and at the Spokane Pine Products Company, located in Spokane,
Washington, excluding office clerical employees, guards, professional em-
ployees,-and supervisors as defined in the Act.
3 In the event that this Recommended Order is adopted by the Board,
the words "a Decision and Order" shall be substituted for the words "the
Recommended Order of a Trial Examiner" in the notice In the further
event that the Board's Order is enforced by a decree of a United States
Court of Appeals, the words "a Decree of the United States Court of Ap-
peals Enforcing an Order" shall be substituted for the words "a Decision
and Order."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National
Labor Relations Board and in order to effectuate
the policies of the National Labor Relations Act, as
amended, we hereby notify you that:
WE WILL NOT refuse to bargain collectively
with International Woodworkers of America,
AFL-CIO, Local 3-10, by unilaterally chang-
ing the workweek of maintenance employees
from the established workweek of Monday
through Friday to a workweek of Tuesday
through Saturday.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our em-
ployees in the exercise of rights guaranteed in
Section 7 of the Act.
WE WILL restore to his regularly established
workweek beginning Monday and ending
Friday maintenance employee William Peck.
WE WILL, upon request, bargain collectively
with International Woodworkers of America,
AFL-CIO, Local 3-10, as the exclusive bar-
gaining representative of all production and
maintenance employees in the appropriate unit,
with respect to the workweek of maintenance
employees and related matters. .
LONG LAKE LUMBER
COMPANY
(Employer)
Dated By
(Representative ) (Title)
This notice must remain posted for 60 consecu-
tive days from the date of posting and must not be
altered, defaced, or covered by any other material.
Employees may communicate directly with the
Board's Regional Office, 1511 3rd Avenue,
Republic Building, Seattle, Washington 98101,
Telephone 583-4532, if they have any question
concerning this notice or compliance with its provi-
sions.