Marland One-Way Clutch Co., Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1971

192 N.L.R.B. 601 (N.L.R.B. 1971)

MARLAND ONE-WAY CLUTCH CO., INC. 601
Marladd One-Way Clutch Co., Inc. and Tool & Die
Makers Lodge No . 113, International Association
of Machinists and Aerospace Workers , AFL-CIO.
Case 12-CA-10161
August 12, 1971
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
just before the beginning of bargaining for a first contract
following a Board certification , and then refusing = to
bargain with the Union concerning its decision to withhold
the payment . All parties appeared at the hearing and were
given full opportunity to be heard , to examine and cross-
examine witnesses, and to introduce relevant evidence. At
the close of the hearing the General Counsel made a short
oral summation of his case .3 After the hearing -Respondent
filed a brief which has been carefully considered.-,
Upon the entire record in the case and my observation of
the witnesses, I hereby make the following:
On April 27, 1971, Trial Examiner Alba B. Martin
issued his Decision in the above-entitled proceeding,
finding that Respondent' had engaged in certain
unfair labor practices and recommending that it cease
and desist therefrom and take certain affirmative
action, as set forth in the attached Trial Examiner's
Decision. Respondent filed exceptions to the Trial
Examiner's Decision' and a brief in support of its
exceptions.
Pursuant to the provisions of Section 3(b) of the
National Labor, Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to athree-member
panel.
The -Board has reviewed the rulings of the Trial
Examiner made at -the hearing and finds that no
prejudicial error was committed. The rulings are
hereby affirmed. The Board has considered the Trial
Examiner's Decision, the ' exceptions and brief, and
the entire record in the case, and hereby adopts'the
findings, conclusions, and recommendations of the
Trial Examiner.
ORDER
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 Trial Examinerand hereby orders that
Respondent, Marland' One-Way' Clutch Co., Inc., of
La Grange, Illinois, its officers, agents, successors,
and assigns, shall take the action set forth in the Trial
Examiner's. recommended Order.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
ALBA B. MARTIN, Trial Examiner: This case was heard in
Chicago, Illinois, on February 18, 1971 , pursuant to a
charge duly filed and served,' and a complaint issued on
December , 22, 1970. The issues litigated were whether
Respondent violated Section 8(a)(5) and (1) of the Act2 by
unilaterally withholding payment of a bonus to employees
i The, Union filed the charge on October 20,1970. The General Counsel-
issued the complaint on'December 22; 1970.
2 "Me Act" refers to the National Labor Relations Act, as amended, 29
FINDINGS AND CONCLUSIONS
I. THE - BUSINESS OF RESPONDENT,
Respondent , Marland One-Way Clutch Co., Inc., an
Illinois corporation with its principal place of business in
LaGrange, Illinois, is engaged in the manufacture- of
mechanical clutches. Annually Respondent manufactures,
sells, and distributes its completed products valued in
excess of $50,000 from its LaGrange location, herein called
the plant, directly to States of the United States other than
the State of Illinois . Respondent admitted, and I find, that
at all times material herein it is and has been an employer
engaged in commerce within the meaning of Section 2(6)
and (7) of the Act.
U. THE LABOR ORGANIZATION INVOLVED
Tool & Die Makers Lodge No . 113, International
Association of Machinists and Aerospace Workers,
AFL-CIO, herein called the Union, is a labor organization
within the meaningof Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. Certification and Bargaining Conferences
Background
The unilateral activity complained of herein occurred
between the Union's certification on September 14, 1970
(the election was held September 3, 1970), and the first
bargaining conference 'on October 2, 1970. This appears to
have been the first time a union has won an election among
Respondent's employees, although the Union has apparent-
ly tried several times before. Thus the unilateral activity
occurred just, before Respondent began negotiating with a
union for the first time.
Respondent has existed as^a corporation since 1930. Its
president and highest officer has always been and ,still is
Joseph A. Marland. There is no chairman of the board of
directors.
Since at least 1947 Respondent has given its employees in
the appropriate unit an annual "Christmas bonus," which
through 1967 it gave to them just before Christmas Day. In
a change announced on March 21 , 1968, for 2-4 /2 years
thereafter - Respondent paid out the bonus in four
installments- each year , in regular paychecks , on the first
U.S.C.' Sec. 151, et seq.
3 Certain obvious errors appear in the transcript of the hearing. These
errors are hereby corrected. [Appendix A omitted from publication.]
192 NLRB No. 76
602 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
payday in April, the first payday in July, the first payday in
,October, and about- 50 percent-, of the bonus about the
middle of December. The bonus-was paid in this fashion
during all,of 1968 and 1969, and the fast two payments in
1970. The third and fourth quarterly payments in 1970 were
not paid.
Prior ; to the issuance of the, complaint on December 22,
1970, Respondent met and negotiated with the Union in 12
bargaining sessions from October 2 to December 22, 1970.
The good ore bad faith of Respondent's bargaining in these
sessions is not involved herein.
The record contains a number of letters and memoranda
to employees and one to a publisher from President
Marland from January 1966, to August 27, 1970. These
show that President Marland was strongly opposed to the
Union and its efforts to organize the employees; but the
General Counsel" did not complain that these statements
contained any threats-of reprisal or'promises of benefit,' nor
did they.
B. Unilaterally Withholding the Third, ,Installment in
1970, 'and its Aftermath
After all the years and quarters of paying the bonus, for
the first,time Respondent withheld a payment, the payment
of the third quarter installment in 1970, which would have
been included in the employees' October 2 paychecks. The
first bargaining, meetingwith the Union hadbeen setup for
that date, after the Union's certification on September 14.
No= announcement was made to employees or the Union in
advance of the withholding.
Shortly,, before the beginning of the bargaining meeting
that day, which started, at 2:20." p.m., the employee
committeemen told the Union's chief representative, Victor
Horvath, that ' the quarterly bonus payment they had
expected had not been paid. At the beginning of this
meeting Horvath asked Respondent's` chief spokesman and
negotiator, L. Lee Burks, Jr., about the withholding of the
bonus . According to the credible and credited testimony of
Horvath, who by his demeanor , and his _ testimony
impressed me as a credible witness, Burks replied that "The
bonus is paid"at; the discretion. of the, Company and there,
has been a change of policy and it is_their decision at, this
particular time to withhold it." 4 Horvath replied that the.
Union represented ,-the etriployees"in the bargaining unit, `
that this was a unilateral change iii. wages,, that the Union
would ' give ,the Company, an oppor"tunny to"correct its error,
and if it didn't the Union would file a charge 'the
Board . Horvath also said that he would' write the Company
concerning this matter` Horvath said the Union would file
the charge if the quarterly` bonus Was ,not paid 'by the next,
pay period,'which was "2 weeks hence.
At this meeting the Union requested Respondent , to
furnish it certain information to assist it in negotiating. As
stated by Horvath,
* On the witness stand Burks was confused as to whether at this meeting
he told the Union the jCompany "would not' _or ,"could not" pay the,'
bonus . By his demeanor and his , testimony Burks did not impress me that
he had a clear recollection of what was said in the bargaining conferences
he testified about . Respondent did not assert as a defense that , Respondent
was unable to pay the bonus.
The' tt'ans&ipt of the ,heading fails to, reflect the fact that without
The request was to name the people within, the
bargaining unit - by classifications day of hiring, and
wage , rate . To, formulate their complete program of
holidays, vacation schedules , hospitalization, bonus
plan, and a formula thereto and any other fringe that a
cost area would afford to us that we could negotiate.
[Emphasis supplied.]
On October 5_1970, Respondent supplied the Union with
some of the requested information, including on the subject
of bonus only the following:
Bonus: Christmas bonus is discretionery (sic) and based
on management evaluation of business.
Respondent did knot,,, ,give the Union the - requested
information on the bonus , such as the names, wages,
bonuses of the employees,, the bonus plan, and how each
employee's bonus was formulated or calculated.
On October '7, 1970,' Horvath " wrote to President
Marland:5' , '
We are aware of the Company's unilateral,change in the
hourly bonus rate which has been paid quarterly to the
employees of the bargaining unit over the past years. To
refresh your memory, may, we refer you to the
statements distributed to your ` employees 'during the
month of August, 1970 and the article to the Editor of
the -Citizen (LaGrange Newspaper) dated- August 17,
1970, both'of which bore your signature." ` - -
Since this is a violation of the National Labor Relations
Act under Section 8(ax5), we are requesting that the
"Christian conscience guided management" of Marland
manage within the laws • of the land and, correct their
error an the next weekly pay, period. Failure to do so will
necessitate our filing of an unfairrlabor practice against
the Company to force compliance with Federal Law.
Awaiting your' response, I remain
Insofar as the record showed, Respondent never answered
this letter in writing.
At the next negotiating session, on October 15, Respon-
dent acknowledged, receiving Horvath's letter, and stated
that its position ,had not changed,, and that its decision was
to ,withhold-, the quarterly bonus, payment. Respondent's
spokesman, Burks, gave ,no explanation other than to state
that none of the employees received 'the payment. Burks
testified that he told the Union that the bonus was not a
part of wages and that the bonus-was determined by Mr.
Marland.
On December 9,1970, Respondent wrote the Union:
As you may be aware, the Marland One-Way Clutch
Co., has in the past paid a Christmas bonus around the
middle of December to it's employees.
As you are now certified ' as the sole bargaining
representative for the shop employees, we will be
available to discuss this issue with ydu, at your
convenience,
objection this letter was received in evidence. My, trial notes indicate it was
received . Directing Business Representative Horvath-testified he sent it on
or-about the, date it bears and President Marland testified he received it on
or about the date it bears . At p. 31 of the transcript the General Counsel
offered it and Respondent indicated no objection. The,transcript at p.,31 is
hereby corrected to show that G.C. Exh No .,14 was received in evidence.
MARLAND ONE-WAY CLUTCH CO., INC. 603
- At the December 18 bargaining meeting Respondent
raised the question of the Christmas bonus . The Union took
the position that the Union had originally requested
information from the Company as to how it "formulates the
bonus," that it had received no information from the
Company , concerning how it -computes each individual's
bonus, and that the Union could not intelligently negotiate
on December ' I S on that any more than it could on October
2 because it had no more information now than then. At
this meeting, concerning the third, quarter-bonus payment,
Respondent . said that it considered the payment of it as
within the -discretion of the Company , and thatjhe issue
would have to take its course through the NLRB. -
On December 30, 1970, the Union wrote Respondent as
follows:
Re: Method of Computing Christmas Bonus For
Employees of Marland One-Way Clutch Co.
In response to the Employer's position at the ' bargaining
table regarding the Christmas bonus and also to the
letter from Mr. Keith J. Aldrich to Mr. Victor` Horvath,
'dated December 9, 1970 which states the Marland
One-Way Clutch Company, has in the, `past "paid- a
Christmas bonus around the middle of December to its
employees," As" you are now certified as the sole
bargaining representative , for the shop employees, we
will be available to discuss this issue with you at your
'earliest- convenience ." Since we are.the bargaining
agents, we must request the necessary , information
regarding- ' this matter. It is impossible for us to
intelligently negotiate, the ;Christmas bonus, when we
have not received the necessary information from the
Company as to how the , bonus was computed in, the
past.
In order for is to formulate and submit a proposal, to
you at >the_bargaining table, regarding this matter, we
are hereby `requesting that the Company submit in
written form, as soon as possible , all, , information
relating , in any way to, the Method the Company has
used in Computing the Christmas Bonus in the past for
the employees we now represent.
As soon as , we receive the above mentioned informa-
tion, we will contact you for the purpose of arranging a
date to. negotiate this ,matter.
On January 19, 1971, Respondent replied to this letter as
follows: -
Reference is made to paragraph two of" your letter,
dated December 30,'-1970, received January 4, 1971, the
addressee being the undersigned . e are responding to
your request by enclosing herewith ANSWER TO
COMPLAINT, which- details our position on the
"bonus" issue.
- Attached to, this letter was a copy of Respondent s answer
herein.
C. Contentions and Conclusions
1. Wage or gratuity
Respondent contended the Christmas bonus was a
gratuity, not a mandatory subject of collective bargaining,
and that its unilateral withholding of it was not a",violation
of the Act. The preponderance of the evidenceproved that
it was" a part of wages and a mandatory subject of collective
bargaining. -
a. The bonus was given and paid regularly for at least
22-112 years . Although President Marland testified that its
payment was, discretionary with management,,the hard fact
is that it was given and paid regularly for at least 22-1/2
years . There was no proof that "any employee< was ever
deprived of the payment of-the bonus during allthis time.
b. President Marland's letters ,- and- memoranda to
employees , and to a publisher established that he_ ,encour-
aged , employees to think of, the bonus, as avregular part of
their annual earnings and income This encouragement and
the regular payments were' sufficient to justify. employee
expectation that the payments would continue . On January
22, 1966, President Marland wrote an employee.
Your share of our company profit for 1965 is $513.66
and will be invested by ?the Profit- Sharing Trust
Committee to earn interestiordividends for you.
Your combined bonus and profit sharing for 1965 was
$837.47. 1 - 1-1 -
This is at the, rate of $0.418 per hour based on 2,000
working hours of 50 weeks' -at 40 .hours per week.
[Emphasis supplied.] _
He sent a like letter to each employee, giving the respective
figures in each case. -
On May 15, 1967,,President Marland wrote employees:
5. If we can continue to-,make - the remainder of the
year as good as the $beginriing; by redoubling , our team
play effort , then we should also en, joy,. a, good -year-end
bonus and larger addition to-your profit sharing, trust.
This will-apply to-those who,,have"been-on our payroll
for the full year of 1967 . [Emphasis supplied]
On , November 7, 1967, - President , Marland - wrote
employees: '
Following our 'regular annual policy to shareour profits in
a Christmas bonus, we can now tell you it will be about
double the bonus of . a year ago ,This is to be based on
your complete 1967 earnings, provided there will be no
production interruptions . _[Emphasis supplied]
The last line above Mr. Marland's signature -was "Be.Wise,-
Don't Unionize."
- On November 13, 1967, President . Marland wrote
employees:
Take a look at only a few of the, benefits .you are
currently receiving and remember that a dues collecting
union was not necessary to obtain these benefits for
you-
1. CHRISTMAS BONUS - A substantial amount,
coming at a time when it really .counts. -
s s
Then ask yourself what you will get for-the money you
will` be 'required t6, pay the union each month in the
form of dues. ,
BE WISE'.- DON'T UNIONIZE
On November 21, 1967, President Marland wrote
employees:
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We understand that the union has made some,far our
promises -as to hourly rates if they get in. Promises; are
cheap, but can they deliver? Remember, only the
company makes the payroll . The union does not make
up one cent of the payroll, it only collects dues.
It, has - always been our policy , to share with the
employees when it is there; lookat the bonuses this year.
I would much rather share the money with you in
increased wages, bonuses and additional benefits, than
pay itin 'high corporate taxes to the government)
As the company has grown, your , earnings have grown.
Attached ,is a slip showing what your= approximate
earnings ;will be this year compared to your earnings the
first year you were with us. -
We have bright prospects for the future growth of this
company. You have my word that a union will not be
necessary for the future improvements in this company.
BE WISE - DON'T UNIONIZE [Emphasis
supplied.]
Attached to this letter was a separate sheet of paper setting
forth for each' employee ' his respective "approximate
earnings for 1967," including his wages, bonus, life and
hospitalization insurance, and uniforms.
On December - 8,1967, President Marland wrote employ-
ees that although year-end bonuses were going to be down
at many companies, including "DuPont" this year,
Despite stiffer business ,, conditions this year, your
management has proved its ability by making a better
profit to enable us to,pay you a 100 percent, bonus
increase over last year.
On"March 13,1968 , President Marland wrote employees:
Attached you will)' find a breakdown of 'your actual
hourly earnings, including bonuses and profit sharing,
since you have become a member of the Profit Sharing
Plan. As you can see, your earnings have greatly
increased over the past two or three years ; years in
which we , have had , no dues-collecting third party.
[Emphasis supplied.]
At the bottom ,of this memorandum to each employee was a
comparison in columns for 3 years, 1965, 1966, and 1967, of
his "total per hour paid by the Company to you", consisting
of his hourly rate, his, Christmas bonus, and his profit
sharing, and "based on 5 weeks at 40 hours per week, or
2,000 _ hours." ,,Thus this letter presented the Christmas
bonus as calculated at so many cents perhour.
On May ` 21, 1968, President Marland wrote all shop
employees under the subject, "Partial Payment of Bonus"
as follows, in part,
Now that the Union salesman has played his second
game and,lost again, I feel free to write you about the
subject . Due to restrictions on me before you voted last
Friday, I could not tell you of management 's discus-
sions ,on a, plan to pay out a part of the usual Christmas
Bonus on the , first payday jfollowing each quarter,
6 At p. 12 of the transcript President Marland explained how this
amount was determined when it was paid annually.
T Respondent s' product is long lasting and requires high precision. It's
one-way clutches are used in machinery in diamond and gold mines in
South Africa, in nuclear power plants , in the high-speed' trains that operate
between Montreal and Toronto.
instead of having to wait. just before Christmas for the
entire bonus. • '
s
Since we do not actually know what-ourprofts may
be for this year, and thus what bonus maybe available,
we are arranging ' to"pay out a small part of such
estimated bonus in partial-payments on the first payday
following each quarter. Thus, your first addition to the
regular paycheck will be with a- bonus on 'the ' first
payday in April and then on the first payday in July,
and again on the first payday in October -
You will then receive the major balance of the
Christmas Bonus at the usual time in December.
Whether that will be equal to, smaller or larger than last
year's very nice bonus will depend on what each of us
do 'in satisfying' our real bosses , namely our good
customers, and how their orders continue .- [Emphasis
supplied.]
On February 14, 1969, and March 20, 1970, President
Marland wrote each employee his "Profit Sharing Trust
Fund Report" for 1969, and for 1970. These reports showed
the Christmas ,bonus as so-many cents per hour and stated
that the per hour, plus-your Christmas bonus of
per hour,, amounts to for each-hour worked
in ADDITION TO ,.your regularly hourly, rate, for every
hour worked m 1968' (1969), based on 50 weeks at 40 hours
per week, or 2,000 hours."
On October 18, ,1970, in a letter to a local publisher, some
of which was printed , President Marland listed the benefits
Respondent's employees ,enjoyed, including "a' substantial
bonus paid quarterly."
On August 27, 1970, President Marland wrote each
employee a comparison of his pay with the Union's rate. He
added 'tip the employee's basic hourly rate, his "bonus rate
per year," and his , profit sharing, ' and'called the total
"Marland hourly rate total.°' Opposite - one employee's
"total" Marland wrote,
This "pay" is 28 percent more than the union rate below.
c. 'President Marlar?d testified ' that once the amount
available for the bonus, 'has been determined by
management .6 the latter'then" determined the amount to be
distributed to `each employee based, upon management's
evaluation of the employee's contribution 'to" the "team
effort" Considered in determining the latter were length
and continuity of service, regularity of attendance particu-
larly on' Mondays, the degree of perfection of his, work,7
lack of scrap, loyalty. Respondent keeps no writ'ten records
of each employee's quantity or quality of output, and relies
in , its evaluation upon management's remembrance of
"each 'man's self application to the, team effort."' In the
appropriate units at the time of the- hearing herein
Respondent employed some 30 employees , and that
number had varied down to about 24 recent years.
President Marland testified that on the exhibits in
a The complaint alleged , the answer admitted,' and I find, that an
appropriate unit consists of all production and maintenance employees at
Respondent's LaGrange, Illinois, 'plant but excluding office clerical
employees, professional employees, guards , and supervisors as defined in
the Act.
MARLAND ONE-WAY CLUTCH CO., INC. 605
evidence (as seen -above) the bonus is shown as so many
cents per hour so as to "make'it simpler to understand so
that even the economically illiterate grasp it." This
testimony and the exhibits prove, nevertheless, that
however the individual's bonus was calculated, the formula
at the end was reducible to so many cents per hour and that
Respondent encouraged employees to think of the bonus in
terms of money they were to receive.
As Respondent gave and paid out the Christmas bonus
regularly for at least 22-1/2 years; as since at least 1966
Respondent has encouraged employees to think of the
bonus as a regular part,6f their annual earnings and income
and an expected payment or payments; and upon the entire
record in the case considered as a whole; I conclude on the
preponderance of the evidence that Respondent's Christ-
mas - bonus to employees,- now paid in quarterly install-
ments, is a part of wages, and is a mandatory subject of
collective bargaining.- Compare Hooker Chemical Corpora-
tion, 186 NLRB No. 49; Gravenslund Operating Company,
l68 NLRB 513; General, Telephone Company of Florida, 144
NLRB 311.
2. Respondent's unilateral acts
Respondent's_ vice president, Keith Aldrich, testified that
management began discussing not paying the third quarter
installment of the bonus in the spring of 1970, that a
tentative decision was reached before the election
(September 3), and that the "final decision" was made
"probably just before the notices came out." No advance
announcement was made to either the employees or the
Union. Two employee members of the Union's negotiating
committee reported to the Union's chief representative at
the first bargaining meeting (October 2), shortly before the
beginning of that meeting at 2:20 p.m., that the payment
had - not been made. -Except for ; Aldrich's reference to
"notices ' -the record is silent as to any written notice to
employees that the bonus' payment , was not, included in
their October 2 paycheck. Presumably Aldrich referred--to
the paycheck stub which- by silence showed the bonus
payment was not included' Upon all this testimony and the
entire record : I conclude that Respondent's decision to
withhold the payment was made and executed just prior to
the making out of the October 2 paychecks and after the
certification of the Union- on September 14; that the
paychecks which did not include the bonus were delivered
to the employees prior to the opening of the first
negotiation session; that the decision was made and
executed without giving the Union an opportunity to
bargain concerning withholding the payment; and that by
these unilateral acts Respondent violated Section 8(a)(5)
and (1) of the Act. See N.L.R.B. v. Katz, et al., 369 U.S. 736
(1962).
3. Respondent's additional violation of Section
8(a)(5)
At the first bargaining conference the Union asked for
certain information-Jo assist it in bargaining, including
information concerning Respondent's bonus plan and-the
"formula' by which it is-paid to employees. Also requested
were the names of employees, their dates of -hire,
classifications, and wage rates. Although shortly thereafter
Respondent furnished some of the requested information, it
has never given the Union the facts enumerated above.- All
Respondent gave the Union concerning the bonus, as has
been seen above, was that it was "discretionary and based
on management- evaluation of business." All Burks told the
Union at, the next, the October 15, meeting, was that-the
bonus was not a part of wages and that it was determined
by Mr. Marland. All Respondent told the Union at the
December 18 meeting concerning the third quarter
payment was that it was within the, discretion of
management. On December--30, as has been seen; the
Union asked Respondent for a written statement giving
all information relating in any way to the Method the
Company has used in Computing the Christmas Bonus
in the past for the employees we now represent.
Respondent never furnished any of this information.
As has been set forth above in section III, C, 1, c,-of this
Decision, Respondent had a way of deciding how much
bonus to give to each employee, and it could have given this
information to the Union to assist the latter-in bargaining
concerning the third and, fourth quarterly, payments- in
1970. The Union reasonably needed this relevant informa-
tion in order to bargain intelligently concerning both
payments. Under all the circumstances of this case I- hold
and find that the Union was entitledto this information;
that Respondent's failure to supply itprevented the Union-
from being able to bargain intelligently concerning
Respondent's decision to withhold the third bonus payment
in 1970, and also its decision to withhold the fourth bonus
payment in 1970; and that by its action in not supplying the
requested information so that the Union could bargain
intelligently concerning the third `quarterly -payment,
Respondent further violated Section 8(ax5) and (1) of the
Act. - -
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON. COMMERCE
The activities of Respondent set forth in -section III,
above, occurring in connection with, Respondent's opera-
tions described in section I, above, 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
commerce.
V. THE REMEDY
To remedy its unfair labor practices _ found above
Respondent will be required to cease -and desist from such
conduct and from any like or related conduct, and,to take
certain affirmative action which I find necessary to remedy
and to remove the effect of the unfair labor practices and to
effectuate the policies of the Act., - -
Consistent ;with the Boards policy to,direct a respondent
to restore the status quo where the respondent has taken
unlawful unilateral action to the detriment of its employees,
Respondent will be ordered to make-whole eachemployee
in the appropriate unit by paying to him an amount equal
to what his third quarterly 1970 bonus.payment would have
been as calculated by the system or formula previously used
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in setting the bonus as shown by the testimony and exhibits
and findings set forth above herein.
As withholding the requested information prevented the-
Union from being able- to bargain intelligently concerning
the fourth quarterly bonus payment in 1970 and subsequent
bonus paymentsRespondent will be ordered to supply the
Union with the requested information and to bargain with
th TU"i1 concerning the fourth quarterly bonus-payment
in 91Oand subsequent bonus payments.
In accordance with the Board's normal practice, I shall
order that the backpay awards be paid with interest at 6
percent per annum, to be computed in the manner set forth
in Isis Plumbing & Heating Co., 138 NLRB 716.
CONCLUSIONS OF LAW
1. Respondent, Marland One-Way Clutch to., Inc., is
engaged in commerce within the meaning of Section 2(6)
and (7) of the Act. -
2. Tool & Die Makers Lodge No. 113, International
Association of Machinists and Aerospace Workers,
AFL-CIO, is a labor organization within the meaning of
Section 2(5) of the Act. -
3. By unilaterally deciding to and withholding the
payment of the, third bonus installment in 1970 to,
employees in an, appropriate unit, without first giving the
certified, Union an opportunity to bargain concerning the
matter, Respondent has violated and is violating, Section
8(a)(5), and (1) of the Act.
4. By failing towsupply requested information which was
relevant and reasonably necessary to the Union's intelligent
bargaining concerning the bonus, Respondent refused to
bargain with the Union concerning Respondent's decision
to withhold payment of the, third quarterly bonus
installment in 1970 and thereby has further violated and is
violating Section 8(a)(5) and (1) of the Act.
5. The aforesaid 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 preponderance of the evidence in the entire record
considered as a whole, and pursuant to Section 10(c) of the
Act, I,hereby issue the following recommended: 9
ORDER
Respondent, Marland One-Way Clutch Co., Inc., of
LaGrange, Illinois, its officers, agents, successors, and
assigns, shall:
1. Cease and desistfrom:
(a) Refusing to bargain collectively with the Union-
concerning the payment, of Christmas bonuses to its
employees within the appropriate unit represented-by the
Union.
(b) Unilaterally terminating bonus - payments of its
employee's within the appropriate unit represented by the
Union.
(c) In any like or related manner interfering with the
efforts of the Union to bargain collectively.
2. Take the following affirmative action which I find
will effectuate the policies of the Act:
(a) Upon request bargain collectively with the Union
concerning the payment of the fourth quarterly- installment,
of the 1970'Christmas bonus,. and any bonus installments,
to employees within theappropriate unit represented by the
Union. ; ,
. (b) Make whole ,the employees- in the appropriate unit in
1970 for any loss they may have suffered by reason of
Respondent's unilateral withholding of the third quarterly
bonus payment in the manner set forth in the section of this
Decision entitled "The Remedy."
_
-_ (c) Supply any information requested ^by the Union which
is relevant and reasonably. needed by the Union in order for
it to bargain intelligently with Respondent concerning
Christmas bonuses and any bonuses.
(d), Preserve and, upon request, make -available to the
Board or, its= agents, for examination and copying, all
payroll records, social security payment records, timecards,
personnel' records and reports, and all other, records
necessary to -analyze the amount of backpay due under this
-Decision.'
(e) Post at its plant in LaGrange, Illinois, copies of the
attached notice marked "Appendix B."10 Copies `of said
notice on forms provided by the Regional Director for
Region 13 (Chicago, Illinois), after' 'being duly signed by
Respondent's authorized representative, shall be posted by
it immediately, upon receipt thereof, and be maintained by
it for 60 consecutive days thereafter, in conspicuous places,
including' all places where notices to employees -are'
customarily posted. Reasonable steps shall be taken by
Respondent to 'insure that said notices are not altered,
defaced,'or' covered by any other material. ,
(f) Notify said Regional Director, in writing, within 20
days from the date of this Decision, what steps have been
taken to-comply herewith."
9 In the- event no exceptions are filed as provided by.Section 102.46 of
the Rules and, Regulations of the National Labor Relations Board, the,
findings, conclusions,, recommendations, and Recommended Order herein
shalt, as provided in section 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: -'
'O,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 NA'T'IONAL LABOR RELATIONS BOARD"
shall be changed to read "POSTED PURSUANT TO A JUDGMENT OF
THE UNITED STATES COURT OF APPEALS ENFORCING AN
ORDER-OF THE NATIONAL LABOR RELATIONS BOARD.'.' _
11 In the event that this-icommended Order is adopted by the Board
after exceptions , have been filed, notify the Regional Director for Region
13, in wnting, within 20 days from ' the date of ` this Order, what steps
Res ndent has tak toco ^^ ^^*a^%*^
APPENDIX 'B
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 collectively with Tool
&Die Makers Lodge No. 1,131, International , Associa-
tion of Machinists ' and Aerospace Workers ; AFL-CIO,
by unilaterally - withholding the payment of any
Christmas bonus or - other bonus or , any installment
thereof, or any other term or condition of-employment
MARLAND ONE-WAY CLUTCH CO., INC.
of any employee in the appropriate bargaining unit in
derogation of the rights of the Union.
WE WILL NOT engage in any like or related conduct
which interferes with, restrains, or coerces you in the
exercise of the rights guaranteed in Section 7 of the
National Labor Relations Act.
WE WILL supply the Union with all information
requested by it which is relevant and reasonably
necessary for the Union to be able to bargain
intelligently with us concerning bonuses.
WE WILL pay the third quarterly installment of the
1970 bonus to our employees in the appropriate, unit,
with interest thereon at the rate of 6 percent per annum.
The appropriate unit consists of:
Alproduction and maintenance employees at our
LaGrange, Illinois, plant, but excluding office
clerical employees, professional employees,
guards and supervisors as defined in the Act.
Dated By
607
MARLAND ONE-WAY
CLUTCH Co., INC.
(Employer)
(Representative) Title)
This is an official notice and must not be defaced by
anyone.
This Notice must remain posted for 60 consecutive days
from the date of posting and must not be altered, defaced,
or covered by any other material.
Any questions concerning this Notice or compliance with
its provisions, may be directed to the Board's Office, 881
U.S. Courthouse and Federal Office Building, 219 South
Dearborn Street, Chicago, Illinois 60604,, Telephone
312-353-7572.