Merryweather Optical Co.

National Labor Relations Board - Board Decisions

Mar 6, 1979

240 N.L.R.B. 1213 (N.L.R.B. 1979)

MERRYWEATHER OPTICAL COMPANY 1213
Merryweather Optical Company and Local 853, Opti-
cal Workers Union, Retail, Wholesale and Depart-
ment Store International Union, AFL-CIO. Case
13 CA-17181
March 6. 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PNEL [.
AND TRU ESDALI1i
Upon a charge filed on January 9, 1978, by Local
853, Optical Workers Union, Retail, Wholesale and
Department Store International Union, AFL CIO
(hereinafter Union), the General Counsel of the Na-
tional Labor Relations Board, by the Regional Di-
rector for Region 13, issued a complaint on January
31, 1978, and an amendment to complaint on June
30, 1978, against Merryweather Optical Company
(hereinafter the Respondent). The complaint and
amendment to the complaint allege that the Respon-
dent engaged in certain unfair labor practices in vio-
lation of Section 8(a)(5) and (I) of the National La-
bor Relations Act, as amended. The Respondent
filed an answer to the complaint in which it admitted
certain of the allegations but denied the commission
of any unfair labor practices.
On June 30, 1978, the Respondent. the General
Counsel, and the Union entered into a stipulation of
facts and filed a motion to transfer this proceeding
directly to the Board. All parties to the stipulation
waived the usual proceedings before an Administra-
tive Law Judge, agreed that the charge, complaint,
amendment to the complaint, and answer, in addi-
tion to the stipulation of facts and exhibits attached
thereto, would constitute the entire record herein,
and requested the Board to make findings of fact and
conclusions of law and to issue the appropriate Deci-
sion and Order. On August 1, 1978. the Board issued
an order which transferred the proceeding to the
Board, approved the stipulation of facts, and set a
date for the filing of briefs by the parties. Thereafter,
the General Counsel filed a brief.
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 au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record herein,
as stipulated by the parties, including the briefs, and
makes the following:
240 NLRB No. 169
FINDINGS OF FACT
I tHE BUSINESS OF THE RESPONDENT
The Respondent, a corporation with its office and
place of business located at 6 North Michigan Ave-
nue, Chicago, Illinois, is engaged in the business of
grinding eye lenses for sale at wholesale. During the
past calendar year, a representative period, the Re-
spondent purchased and received at its facility in the
State of Illinois, materials valued in excess of $50,000
which were transported directly from States other
than the State of Illinois. The Respondent admits,
and we find, that the Respondent is, and has been at
all times material herein, an employer engaged in
commerce within the meaning of Section 2(2), (6),
and (7) of the Act, and that the Board will effectuate
the purposes of the Act to assert jurisdiction herein.
IL THE ALLEGED UNFAIR LABOR PRACTICES
A. Stipulated Facts
The Union and the Respondent have engaged in
collective bargaining for over 30 years. The most re-
cent collective-bargaining agreement, covering 13
optical shopworkers employed by the Respondent, is
effective from June , 1977, to May 31, 1979. Article
XXI of that agreement requires the Respondent to
withhold dues from the paychecks of bargaining-unit
employees who signed dues-deduction authoriza-
tions, and to forward said dues to the Union. Article
XIX of that agreement requires the Respondent to
contribute $59 per month per employee to the Illinois
Optical Workers Insurance Trust. Article XXII of
that agreement incorporates a supplemental agree-
ment requiring the Respondent to contribute $74.53
per month per employee to the Union and Industry
Pension Fund.
Since on or about November 1, 1977, and continu-
ing to date, the Respondent has failed to make its
required contributions to the Union and Industry
Pension Fund, without notifying or bargaining with
the Union. Since on or about December 1, 1977, and
continuing to date, the Respondent has failed to
make its required contributions to the Illinois Optical
Workers Insurance Trust, without notifying or bar-
gaining with the Union. Finally, although the Re-
spondent withheld the dues from its employees' pay-
checks for the month of December 1977, in the
amount of $165, it did not properly tender said dues
to the Union because the check sent to the Union for
the dues did not clear the Respondent's checking ac-
count at its bank. The Respondent has since failed to
cover the amount of the check and has continued to
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hold the amounts withheld from its employees' pa)-
checks for Decembher, withouL notifying or bargain-
ing with the Union.
On the evening of December 29, 1977, Armion Ka-
plan, an agent and supervisor of Respondent, decid-
ed to close Respondent's business and cease all fur-
ther operations. His decision was motivated by
economic considerations. since there were insuffi-
cient funds on hand to maintain the Respondent's
day-to-day operations. On December 30, 1977. Jack
Kastrul. the Respondent's manager, informed those
employees who reported for work as scheduled that
the Respondent was closing and that there would be
no more work for the employees. The Respondent
paid those employees in cash for all time actually
worked which was due to them, and did the same for
those employees who had not been scheduled to
work on December 30, 1977. However, the Respon-
dent failed to comply with articles IV and XIII of the
collective-bargaining agreement by failing to give all
laid-off employees I week's notice prior to perma-
nent laoff and by failing to pay all laid-off employ-
ees I week's pas plus a portion of the vlacation pa
owed them.
The Respondent did not inform the Union of its
decision to cease operations prior to the day of clos-
ing. John Disselhorst. president of the Union. was
informed on December 30, 1977, of the closing by
one of the Respondent's employees. Disselhorst un-
successfully attempted to call the Respondent but,
during the afternoon of December 30, the Respon-
dent called Disselhorst and informed him that it was
closing its operations and that he would receive a
letter explaining this.
On January 3, 1978, Disselhorst received a letter
dated December 30, 1977, from Dr. S. S. Hollender,
owner of the Respondent, stating that "This is to in-
form you that Merryweather Optical Co. has termi-
nated its operation effective as of this date."
Immediately following the receipt of this letter,
Disselhorst telephoned Armon Kaplan, asking him
the reasons for the closing and why the Respondent
had not given the Union advance notice of the clos-
ing. Kaplan replied that the Respondent had just run
out of money. Disselhorst again asked Kaplan why
the Respondent had not given the Union some ad-
vance notification of the Respondent's problems and
of the possibility of closing, but Kaplan did not re-
ply. Disselhorst then told Kaplan that the Respon-
dent had an obligation to discuss any decision to
close in advance of the decision, and that the Re-
spondent had an obligation to bargain over the ef-
fects of the closing. Kaplan responded that he did
not have time for that. Disselhorst then informed
Kaplan that, if the Respondent did not have time to
negotiate. Disselhorst would have to file charges with
the National Labor Relations Board. Kaplan replied.
"You do what you have to do, I'll do what I have to
do." [)isselhorst said, "okay." and the conversation
ended.
Since January 3, 1978, the Union has had no fur-
ther contact with the Respondent. The Respondent
refused to bargain over the effects of its closing until
February 27, 1978, when it stated in its answer to the
complaint in the instant proceeding that "Respon-
dent stands willing to bargain over the effects of said
closing."
B. C(onlenlions of the Parties
The General Counsel contends that the Respon-
dent violated Section 8(a)(5) and () of the Act by:
(I) unilaterally failing to tender dues withheld from
employees' paychecks for the month of December
1977 to the Union as required by the collective-bar-
gaining agreement; (2) unilaterally failing to make
contributions to the Illinois Optical Workers Insur-
ance Trust as required by the collective-bargaining
agreement from December I, 1977. to the present;
(3) unilaterally failing to make contributions to the
Union and Industry Pension Fund as required by the
collective-bargaining agreement from November I.
1977, to the present: and (4) failing and refusing to
bargain with the Union over the effects of its closing
of business on December 30, 1977, until February 27,
1978, when it stated in its answer to the complaint
that it stood ready to bargain over the effects of said
closing.
To remedy the Respondent's unlawful conduct,
the General Counsel requests that the Respondent be
ordered to make the required contributions to the
Union and Industry Pension Fund and to the Illinois
Optical Workers Insurance Trust: to remit to the
Union the dues it withheld but has failed to forward
to the Union: and to make its employees whole for
all losses suffered as a result of its refusal to bargain
over the effects of its closing.
C. Anatlvsi.s and Conclusions
It is clear from the record evidence that the Re-
spondent closed its entire operation on December 30,
1977, without giving notice to the Union and without
affording the Union an opportunity to bargain about
the effects on the employees of the Respondent's de-
cision to close. It is equally clear that the Respondent
was motivated solely by economic considerations in
closing its operations. and that the closure resulted in
the termination of the Respondent's existence as a
business entity. It is well established Board law that a
MERRYWEATHER OPTICAL COMPANY 1215
decision to close which involves a "significant invest-
ment or withdrawal of capital" as to "affect the
scope and ultimate direction of the enterprise" is
completely within the prerogative of the employer.'
However, it is equally well established that. even un-
der the circumstances of a complete cessation of
business, the employer is obligated to afford the
union an opportunity to discuss the impact and ef-
fect of the closing on bargaining-unit employees.2
Accordingly, we conclude that the Respondent. b'
failing to afford the Union an opportunity to bargain
about the effects of its closing on bargaining-unit
employees, violated Section 8(a)(5) and (1) of the
Act.
It is further alleged that the Respondent failed to
make its required contributions to the Union and In-
dustry Pension Fund for the months of November
and December 1977. and to the Illinois Optical
Workers Insurance Trust for the month of December
1977. It is also alleged that the Respondent withheld
dues from unit employees for the month of Decem-
ber 1977 and failed to properly tender said dues to
the Union. The Respondent admits that it has failed
to make these contributions and to properly remit
the dues. It is well established Board law that an
employer's refusal to make required payments to an
insurance or trust fund established by a collective-
bargaining agreement,3 or to refuse to properly ten-
der dues withheld from employee paychecks under a
valid dues-checkoff authorization. constitutes a uni-
lateral change in terms and conditions of employ-
ment in violation of Section 8(a)(5) and (I) of the
Act. Accordingly, since the record is clear that the
Respondent failed and refused to make required con-
tributions under the collective-bargaining agreement
and failed and refused to properly tender dues to the
Union which it had withheld from its employees'
paychecks, without notifying or bargaining with the
Union, we conclude that the Respondent violated
Section 8(a)(5) and (I) of the Act.
Although neither alleged in the complaint nor as-
serted by the General Counsel as a separate viola-
See General otors (ororal;n. G(t( rui& (oach )cs1'wn, 191
NI.RB 951. 952 ( 1971). (hairman Fanning does not agree.: ee hi d'.eni-
ing opinion at 952. liov.eer. t is hi, position that that decision is not
conltrolling here See also ihrcho rd Pe'r P'r.di ii ( r/, . 1. L R B. 379
LI S. 203, 233 (1964)
2 See Stagg Zipper Corp. 222 N RB 1249 (1976): 4ut,,icil Irti l s lt io
Los Angeles. Inc. d h a West (,ot Schoo. 2(18 NLRB 725 11974): Iriplei
Oil Refining Diision of Penali ( orporration. 194 N RB 5(X) ( 1971 Il ,1-
rate Tl (. Inc. 177 N.RB 686 (1969)
iSee Nes. YorAk-KeanR.hur-_-Long Rranh Bui (. . . 228 N RH 1172
(1977): Ibr ertr Cleaners, et al. 227 N.RB 1290 1977}: HIomie Rlirntn, ( o
In., 211 N.RB 910 (1974)
4Supreme Equipment S teml (Corporalti.. 235 N I.R B 244 (1978). It -
ern BcA ( impanv. 4 Sbidirl of .41nelian ti & De i A ( mapmn . 229
Nl.RB 482 (1977): Pacifil (;rinding II heel (,. I,, 220 N RH 1389 (1975):
(awaler Spring ompanl 191 N I.RB 29 (1971I
tion. the parties stipulated that the Respondent failed
to comply with articles IV and XII of the collective-
bargaining agreement following the closing of its op-
erations on December 30, 1977. Article IV. section 6.
states that:
An employee who is terminated because of
death, layoff. voluntary quitting or discharge
(other than because of a criminal act). will be
paid part of the vacation pay to which he would
have been eligible in the next vacation period.
Article X111 states, inter alia, that:
The Employer shall be required to give one (1 )
week's notice to the employee before layoff or
discharge. for other than a criminal act or dis-
charge for misconduct upon the part of the em-
ployee. The Employer shall have the option of
having the employee work out the week's notice
or paying for the week and not having him
work.
The Board has repeatedly held that it is not pre-
cluded from finding a violation of the Act based
upon a failure to allege the conduct as violative of
the Act either in the complaint or at the hearing, as
long as the allegation was fully litigated at the hear-
ing.' In the instant case, there was no hearing. How-
ever, all the parties, including the Respondent. en-
tered freely and voluntarily into a stipulation of facts
containing the statement that "Respondent failed to
comply with Articles IV and XII . . . in that it
failed to give employees one week notice prior to its
permanent layoff. and did not pay employees one
week's paN plus vacation pay owed them." Respon-
dent has provided no explanation for its failure to
compl with those articles, as it filed no brief in the
instant case. Therefore, we conclude that the
Respondent's failure to comply with articles IV and
XIII of the collective-bargaining agreement was fully
litigated by the parties and, thus, that we are not
precluded from considering that conduct as a possi-
ble violation of the Act.
Article IV, section 6, clearly requires that, when an
employee is "laid off." he is entitled to some portion
of his vacation paN which he would have been eligi-
ble to take but for the layoff. Article IV. section 7,
provides the calculations needed to determine pro-
portionate vacation pay in cases of termination.
There is nothing in the collective-bargaining agree-
ment to indicate that article IV, sections 6 and 7. is
inapplicable to a layoff of the Respondent's entire
work force. Accordingly. we conclude that the
.1 %h owin iii od lioducrce. Inc. 234 NRB 698 11978): see 71iwper. In.
211' NI RB 97. fn
2 11)9 7 3) See us I Oericci B,clrr tlaIl/ltirr .4cwr r A
Icuop x I R . 1hh6 F 2'd 8s 821 (th ( r 1966). .lnd the ca.ies cted
Iheretii
1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent's failure to comply with article IV of the
collective-bargaining agreement when it laid off its
employees on December 30, 1977, was a unilateral
change in terms and conditions of employment in
violation of Section 8(a)(5) and (1) of the Act.
Article XIII clearly requires that, when an employ-
ee is "laid off," he is entitled to I week's notice, plus
pay for that I week, whether it is worked or not. The
Respondent did not give any notice of layoff to its
employees until December 30, 1977, the day it ceased
all operations and laid off all of its employees. The
laid-off employees were paid only for time actually
worked prior to the closing. Again, there is nothing
in the collective-bargaining agreement to indicate
that article XIII is inapplicable to a layoff of the
Respondent's entire work force. Accordingly, we
conclude that the Respondent's failure to comply
with article XIII of the collective-bargaining .agree-
ment when it laid off its employees on December 30,
1977, was a unilateral change in terms and condi-
tions of employment in violation of Section 8(a)(5)
and (I) of the Act.
1ii. THE EFFECT OF THE UNFAIR LABOR PRA(CTICES UPON
COMMERCE
The activities of the Respondent set forth in sec-
tion II, above, occurring in connection with its oper-
ations described in section 1, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and tend
to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
IV. THE REMEDY
Having found that the Respondent has engaged in
certain unfair labor practices, we shall order it to
cease and desist therefrom and to take certain affir-
mative action designed to effectuate the policies of
the Act.
We have found that the Respondent failed to
make required contributions to the Union and Indus-
try Pension Fund for November and December
1977, and to the Illinois Optical Workers Insurance
Trust for December 1977, and failed to remit to the
Union the dues it had withheld from its employees'
paychecks in December 1977, which conduct consti-
tuted unilateral changes in terms and conditions of
employment in violation of Section 8(a)(5) and (1) of
the Act. In order to dissipate the effect of these un-
fair labor practices, we shall order the Respondent to
make whole its employees by transmitting the re-
quired contributions to the Union and Industry Pen-
sion Fund for the months of November and Decem-
ber 1977, and to the Illinois Optical Workers Insur-
ance Trust for the month of December 1977, as well
as to remit to the Union the dues it withheld from its
employees' paychecks for the month of December
1977.6 with interest on the dues to be computed in the
manner prescribed in Florida Steel Corporation, 231
NLRB 651 (1977).7
We have also found that the Respondent failed to
give its employees I week's notice prior to its perma-
nent layoff of all employees and failed to pay to its
employees I week's pay plus vacation pay owed
them, which conduct constituted unilateral changes
in terms and conditions of employment in violation
of Section 8(a)(5) and () of the Act. In order to dissi-
pate the effects of these unfair labor practices, we
shall order the Respondent to make its employees
whole by paying each employee who was laid off on
December 30, 1977, 1 week's pay at the rate of his or
her normal wages when last in the Respondent's em-
ploy, plus that part of the vacation pay to which the
employee would have been eligible in the next vaca-
tion period after December 30, 1977, the latter to be
calculated pursuant to article IV, section 7, of the
collective-bargaining agreement. Interest on all such
sums shall be paid in the manner prescribed in Flor-
ida Steel Corporation, supra.
We have further found that the Respondent failed
to afford the Union an opportunity to bargain about
the effects of its closing on bargaining-unit employ-
ees in violation of Section 8(a)(5) and (I) of the Act.
In order to effectuate the purposes of the Act, we
shall order the Respondent to bargain with the
Union concerning the effects of closing on all bar-
gaining unit employees. However, under the present
circumstances, a bargaining order alone is an inade-
quate remedy, since the Respondent's unlawful fail-
ure to bargain at the time of the shutdown denied the
employees an opportunity to bargain at a time when
there would have been some measure of balanced
bargaining power. In order to create an atmosphere
See Supreme Equipmtent & .S remtn ( rporation. 235 NLI.RB 244 (1978):
Sehler Iealring & ir (Conditioning, In. et al. 225 NL.RB 1044 (1976);
Freeman G. Gaffrne, Inc.. 205 NLRB 1012 ( 1973); Io H. Denham and Geral-
dine .4. Denham, dh a The Denham Comrpanv 187 NLRB 434 1970). See
also N.. R B. v. Srong. d h a Strong Roofing & Insuating (o., 393 U.S. 357
(1969).
See. generally. Ivs Plulbhinig & lcating (Co. 138 NLRB 716 (1962).
Because he provssions of employee benefit fund agreements are variable
and complex. the Board does not proside at the adjudicatory stage of a
proceeding for the addition of interest at a fixed rate on unlawfully withheld
fund pa)ments. We leavse o the compliance state the question of whether
Respondent must pas any additional amounts into the benefit funds in
order to satisfy our "make-whole" remedy. These additional amounts may
he determined. depending upon the circumstances of each case, by refer-
ence to prov istons in the documents governing the funds at issue and where
there re no governing provisions. to evidence of any loss directly attribut-
able to the unlawful withholding action. which might include the loss of
return on investment of the portion of funds ithheld, additional adminis-
tratilve costs. etc., but not cllateral losses.
MERRYWEATHER OPTICAL COMPANY 1217
under which meaningful bargaining can be assured.
we must restore some measure of economic strength
to the Union. Therefore, we shall accompany our or-
der to bargain over the effects of the closing with a
limited backpay requirement designed to make the
employees whole for losses suffered as the result of
the Respondent's failure to bargain, as well as to re-
create to some degree a situation in which the parties'
bargaining positions are not entirely devoid of eco-
nomic circumstances for the Respondent.
Accordingly, we shall order the Respondent to
bargain with the Union. upon request, about the ef-
fects on bargaining-unit employees of the closing of
the Respondent's operations, and to pay these em-
ployees amounts at the rates of their normal wages
when last in the Respondent's employ from 5 days
after the date of this Decision and Order until the
occurrence of the earliest of the following conditions:
(I) the date the Respondent bargains to agreement
with the Union on those subjects pertaining to the
effects of the closing on bargaining-unit employees:
(2) a bona fide impasse in bargaining; (3) the failure
of the Union to request bargaining within 5 days of
this Decision and Order, or to commence negotia-
tions within 5 days of the Respondent's notice of its
desire to bargain with the Union:8 or (4) the subse-
quent failure of the Union to bargain in good faith.
In no event shall the sum paid to any of these em-
ployees exceed the amount the employee would have
earned as wages from December 30, 1977. the date
on which the Respondent closed its operations, to the
time he secured equivalent employment elsewhere, or
February 27, 1978, the date when the Respondent
announced its willingness to bargain, whichever oc-
curred sooner; provided, however, that in no event
shall the sum be less than these employees would
have earned for a 2-week period at the rates of their
normal wages when last in the Respondent's em-
ploy.9 Interest on all such sums shall be paid in the
manner prescribed in Florida Steel Corporarion, su-
pra.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONICLUSIONS OF LAW
1. Merryweather Optical Company is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
The Respondent's slatement of Februars 27. 1978. contained n ts an-
swer to the complaint, thai it "Slands , illing to bargain oer he effectos of
(thel closing." is insufficlent to satisf, this condition.
See ransrn rine .'avigation (orw.rtlion. and is Sublsdiarl. ntrrnlatr..alHl
lerinrrl,. Inc, 170 NLRB 389. 390 (1968): see also nrerrtac Gophi r %,*.
dh a Gulf and Southern e'.ts. 235 Nl RB 851 (1978) Iiatr 7i,,1 (o,
Inc. upra, fn 2 at 687 688
2. By failing to afford the Union an opportunity to
bargain about the effects of the closing of its entire
operation on its employees, the Respondent has vio-
lated Section 8(a)(5) and (I) of the Act.
3. By failing to make required contributions to the
Union and Industry Pension Fund for the months of
November and December 1977, the Respondent has
violated Section 8(a)(5) and (1) of the Act.
4. By failing to make required contributions to the
Illinois Optical Workers Insurance Trust for the
month of December 1977, the Respondent has vio-
lated Section 8(a)(5) and () of the Act.
5. By withholding dues from the paychecks of unit
employees for the month of December 1977 and fail-
ing to make a proper tender of said dues to the
Union, the Respondent has violated Section 8(a)(5)
and (I) of the Act.
6. By failing to give its employees I week's notice
and I week's pay prior to its permanent layoff of all
employees, as required by article XIII of its collec-
tive-bargaining agreement with the Union, the Re-
spondent has violated Section 8(a)(5) and (1) of the
Act.
7. By failing to pay to its employees a portion of
the vacation pay owing them upon their layoff, as
required by article IV of its collective-bargaining
agreement with the Union, the Respondent has vio-
lated Section 8(a)(5) and () of the Act.
8. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Merryweather Optical Company, Chicago, Illinois,
its officers, agents, successors, and assigns, shall:
I. Cease and desist from:
(a) Failing and refusing to bargain with Local 853,
Optical Workers Union, Retail, Wholesale and De-
partment Store International Union, AFL-CIO, with
respect to the effect on its employees of its decision
to close its operations.
(b) Failing and refusing to make required contri-
butions to the Union and Industry Pension Fund for
the months of November and December 1977 and to
the Illinois Optical Workers Insurance Trust for the
month of December 1977, as required by the collec-
tive-bargaining agreement between it and the Union.
(c) Failing and refusing to remit to the Union the
dues it withheld from its employees' paychecks for
the month of December 1977, as required by the col-
1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lective-hargaining agreement between it and the
Union.
(d) Failing and refusing to pay I week's pay to the
employees that it permanently laid off on December
30, 1977, as required by the collective-bargaining
agreement between it and the Union.
(e) Failing and refusing to pay the required portion
of vacation pay owed to the employees that it perma-
nently laid off on December 30. 1977, as required by
the collective-bargaining agreement between it and
the Union.
(f) In any like or related manner interfering with.
restraining, or coercing its employees in the exercise
of their rights guaranteed under Section 7 of the Act.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Make whole its employees by paying those em-
ployees who were laid off on December 30, 1977.
when the Respondent terminated its operations. nor-
mal wages plus interest for the period in the manner
set forth in the section of this Decision entitled "he
Remedy."
(b) Upon request, bargain collectively with ocal
853, Optical Workers Union. Retail, Wholesale and
Department Store International Union, AFL. CIO.
with respect to the effects on its employees of its de-
cision to terminate its operations, and reduce to writ-
ing any agreement reached as a result of such bar-
gaining.
(c) Make whole its employees, in the manner set
forth in the section of this Decision entitled "The
Remedy," for Respondent's unlawful failure to tra ns-
mit the contributions to the Union and Industry Pen-
sion Fund for the months of November and [)ecenm-
ber 1977, and to the Illinois Optical Workers
Insurance Trust for the month of December 1977, as
required by its collective-bargaining agreement with
the Union.
(d) Remit to the Union the dues it withheld from
the paychecks of bargaining-unit employees for the
month of December 1977, plus interest, as set forth
in the section of this Decision entitled "The Rem-
edy."
(e) Make whole its employees by paying those em-
ployees who were laid off on December 30, 1977,
when the Respondent terminated its operations, I
week's pay plus that portion of the vacation pay to
which the employee is entitled under article IV, sec-
tions 6 and 7. of the collective-bargaining agreement
between the Union and the Respondent, plus inter-
est, as set forth in the section of this Decision entitled
"The Remedy."
(f) 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 the terms of this Order.
(g) Mail an exact copy of the attached notice
marked "Appendix." to Local 853, Optical Work-
ers Union. Retail, Wholesale and Department Store
International Union, AFL CIO, and to all the em-
ployees who were employed at its former place of
business at 6 North Michigan Avenue, Chicago, Illi-
nois, on December 30. 1977. Copies of said notice, on
forms provided by the Regional Director for Region
13. after being duly signed by the Respondent's au-
thorized representative, shall be mailed immediately
upon receipt thereof, as hereinabove directed.
(h) Notify the Regional Director for Region 13. in
writing. within 20 days from the date of this Order,
what steps have been taken to comply herewith.
In the eenll that this ()rder is enforced h a Judgment of a I nited
Sllte ( ll tf Appeals. the u, rds in the oltile reading "Posted b, Order
l Ihe Natllilal Ia.or Relalionll Board" shall read "Posted Pursuanl to a
JIll(dnlcnl of the I tnited States ( urt of ,appeals Enforcing an Order f the
Catonal I habor Rlations Board*'
APPENDIX
NOtl 'IE. 1'o ElPI.ovYE:s
PoSIID BY ORDIR or t1111
NAIIONA, LABOR R.AHIONS BOARD
An Agency of the United States Government
Wi wulll lot fail and refuse to bargain with
Local 853. Optical Workers Union, Retail.
Wholesale and Department Store International
Union. AFL CIO. with respect to the effect on
our employees of our decision to close our oper-
ations.
Wl wit I No fail and refuse to make required
contributions to the Union and Industry Pen-
sion Fund for the months of November and De-
cember 1977. and to the Illinois Optical Workers
Insurance Trust for the month of December
1977. as required by our collective-bargaining
agreement with Local 853.
Wt wil . No fail and refuse to remit to Local
853 the dues we withheld from our employees'
paychecks for the month of December 1977 as
required by our collective-bargaining agreement
with Local 853.
WE- wii.I ol fail and refuse to pay I week's
pay to the employees that we permanently laid
off on December 30, 1977. as required by our
collective-bargaining agreement with Local 853.
Wi. wil.l NOI fail and refuse to pay the re-
quired portion of vacation pay owed to our em-
ployees who we permanently laid off on Decem-
ber 30, 1977, as required by our collective-
MERRYWEATHER OPTICAL COMPANY 1219
bargaining agreement with Local 853.
WE Wt.L NO1 in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of their rights guaranteed under
Section 7 of the Act.
Wi Wil. make our employees whole by pay-
ing those employees who were laid off on D[e-
cember 30, 1977, when we closed our operations.
normal wages for a period specified by the Na-
tional Labor Relations Board, plus interest.
WE Witl., upon request, bargain collectively
with Local 853, Optical Workers Union, Retail.
Wholesale and Department Store International
Union, AFL-CIO, with respect to the effects on
our employees of our decision to close our oper-
ations, and reduce to writing any agreement
reached as a result of such bargaining.
WE wiii make whole our employees by trans-
mitting our contributions to the Union and In-
dustry Pension Fund for the months of Novem-
ber and December 1977, and to the Illinois Opti-
cal Workers Insurance Trust for the month of
December 1977, as required by our collective-
bargaining agreement with Local 853.
Wtl Al il remit to L.ocal 853 the dues we with-
held from the paychecks of our employees for
the month of December 1977, plus interest.
Wi: Witl make whole our employees by pa-
ing those employees who were permanently laid
off on December 30, 1977, when we closed our
operations I week's pay, plus that portion of the
vacation pay to which the employee is entitled.
as determined bh article IV. sections 6 and 7 of
the collective-bargaining agreement with Local
853, plus interest.
Ml RR \\ 111i IR OP11( . COMP\NY