North America Assurance Society of Virginia, Inc.

National Labor Relations Board - Board Decisions

Feb 24, 1967

163 N.L.R.B. 144 (N.L.R.B. 1967)

144 DECISIONS OF NATIONAL
excluding plant clerical and office clerical
employees, inspectors, managers, assistant
managers, guards, professional employees,
and all supervisors as defined in the Act.
All debit insurance agents at our district
office in Wilkinsburg, Pennsylvania,
excluding plant clerical and office clerical
employees, inspectors, managers, assistant
managers, guards, professional employees,
and all supervisors as defined in the Act.
THE WESTERN AND
SOUTHERN LIFE
INSURANCE COMPANY
(Employer)
Dated By
(Representative ) (Title)
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.
Employees may communicate directly with the
Board's Regional Office, 1536 Federal Building,
1000 Liberty Avenue, Pittsburgh, Pennsylvania
15222, Telephone 644-2977, if they have any
questions concerning this notice or compliance with
its provisions.
North America Assurance Society of Virginia,
Inc. and Insurance Workers International
Union , AFL-CIO. Case 5-CA-2523.
February 24,1967
SUPPLEMENTAL DECISION
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On February 14, 1964, the National Labor
Relations Board issued a Decision and Order in the
above-entitled proceeding,' finding that the
Respondent had refused to bargain collectively with
the Charging Party as the duly certified bargaining
representative of the employees in the unit found
appropriate by the Board2 in violation of Section
8(a)(5) and (1) of the National Labor Relations Act, as
amended, and ordering it to cease and desist
therefrom and to take certain appropriate action.
Thereafter, because of developments in court
litigation involving the Board's unit determinations
in the insurance industry, the Board decided to
reconsider its findings in this case. Therefore, on
September 20, 1966, the Board issued an order
granting leave to the parties to file briefs directed to
the unit finding. No briefs were filed by the parties.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
LABOR RELATIONS BOARD
Board has delegated its powers in connection with
this case to a three -member panel.
For the reasons heretofore set forth in the Board's
Supplemental Decision and Order in Western and
Southern Life Insurance Company, 163 NLRB 138,
and in Metropolitan Life Insurance Company
(Woonsocket , R.I.), 156 NLRB 1408 , we reaffirm the
unit finding in our Decision and Order heretofore
issued in this case.
1 145 NLRB 1751.
2 The unit found appropriate in the present case consists of all
combination or debit insurance agents attached to or working out
of District Office 83 in Newport News, Virginia, excluding all
clerical employees, managers, professional employees, guards,
watchmen, and supervisors within the meaning of the Act.
The Life Insurance Company of Virginia and
Insurance Workers International Union,
AFL-CIO. Case 5-CA-2394.
February 24, 1967
SUPPLEMENTAL DECISION
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On August 15, 1963, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding ,' finding that the Respondent
had refused to bargain collectively with the Charging
Party in an appropriate unite in violation of Section
8(a)(5) and (1) of the National Labor Relations Act, as
amended , and ordering it to cease and desist
therefrom and to take certain appropriate action.
On March 2, 1964 , the Board filed with the United
States Court of Appeals for the Fourth Circuit a
petition for enforcement of its Order . While the
petition was pending before the Court of Appeals,
the Supreme Court of the United States, on April 5,
1965, handed down its decision in N.L.R.B. v.
Metropolitan Life Insurance Co.3 In that decision,
the Supreme Court vacated a judgment of the Court
of Appeals for the First Circuit denying enforcement
of a Board Decision and Order , and ordered that the
case be remanded to the Board for further
proceedings because of the "the Board 's lack of
1 143 NLRB 1343.
2 Our unit finding herein reaffirms an earlier unit determination
of the Board's Regional Director. On January 10, 1963 (Case
5-RC-3974), the Regional Director for Region 5 found the
following employees of the Respondent constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All weekly premium agents working out of or assigned to the
[Respondent's] district office in Petersburg, Virginia;
excluding all other employees, cashiers, clerks, associate
managers, district manager, and guards and supervisors
within the meaning of the Act.
3 380 U.S. 438.
163 NLRB No. 16 163 NLRB No. 17