North American Directory Corp.

National Labor Relations Board - Board Decisions

Jun 22, 1990

298 N.L.R.B. 851 (N.L.R.B. 1990)

NORTH AMERICAN DIRECTORY CORP.
North American Directory Corp. and Graphic Com-
munications International Union, AFL-CIO,
Local 735-S. Case 4-CA-18517
June 22, 1990
'DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND OVIATT
On January 29, 1990, the General Counsel of the
National Labor Relations Board issued a complaint
alleging that the Respondent has violated Section
8(a)(5) and (1) of the National Labor Relations Act
by refusing the Union's request to bargain follow-
ing the Union's certification in Case 4-RC-17063.
(Official notice is taken of the "record" in the rep-
resentation proceeding as defined in the Board's
Rules and Regulations, Secs. 102.68 and 102.69(g);
Frontier Hotel, 265 NLRB 343 (1982).) The Re-
spondent filed its answer admitting in part and de-
nying in part the allegations in the complaint.
On April 23, 1990, the General Counsel filed a
Motion for Summary Judgment. On April 25, 1990,
the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why
the motion should not be granted. The Respondent
filed an opposition to General Counsel's Motion for
Summary Judgment.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent admits its refusal to
bargain, but attacks the validity of the certification
on the basis of its objection to the election in the
representation proceeding and claims that the
Board's investigation of the objection was proce-
durally and substantively improper. In its opposi-
tion, Respondent contends that summary judgment
is inappropriate because the Regional Director re-
fused to grant Respondent's September 7, 1989
motion to produce the affidavits given to the Re-
gional Director by witnesses during the investiga-
tion of Respondent's objections. No hearing was
held. On April 16, 1990, the Respondent's motion
was denied by the Regional Director, relying on
Frontier Hotel, 265 NLRB 343 (1982), citing NLRB
v. Robbins Tire & Rubber Co., 437 U.S. 214, 239-
241 (1978), and 102.69(g)(1)(ii) of the Board's Rules
and Regulations. The Respondent is not entitled to
the affidavits gathered during the course of an ob-
jections investigation, when a hearing is not held,
in order to protect the confidentiality of witnesses.
We find no merit to Respondent's contention that it
851
was denied due process by the Regional Director's
denial of its motion.
All representation issues raised by the Respond-
ent were or could have been litigated in the prior
representation proceeding. The Respondent does
not offer to adduce at a hearing any newly discov-
ered and previously unavailable evidence, nor does
it allege any special circumstances that would re-
quire the Board to reexamine the decision made in
the representation proceeding. We therefore find
that the Respondent has not raised any representa-
tion issue that is 'properly litigable in this unfair
labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313, U.S. 146, 162 (1941). Ac-
cordingly, we grant the Motion for Summary
Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
The Respondent, a Delaware corporation en-
gaged in the business of printing directories at its
facility in Hazleton, Pennsylvania, has annually
sold and shipped goods and materials valued in
excess of $50,000 directly to points outside the
Commonwealth- of Pennsylvania. We find that the
Respondent is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the
Act and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held July 20, 1989, the
Union was certified on November 20, 1989, as the
collective-bargaining representative of the employ-
ees in the following appropriate unit:
Included: all full-time and regular part-time
production and maintenance employees em-
ployed at the Hazleton, Pennsylvania facility.
Excluded: all other employees, office cleri-
cal employees, guards and supervisors as de-
fined in the Act.
The Union continues to be the exclusive represent-
ative under Section 9(a) of the Act.
B. Refusal to Bargain
Since December 1, 1989, the Union has request-
ed the Respondent to bargain, and, since December
7, 1989, the Respondent has refused. We find that
this refusal constitutes an unlawful refusal to bar-
298 NLRB No. 127
852 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
gain in violation of Section 8(a)(5) and (1) of the
Act.
CONCLUSION OF LAW
By refusing on and after December 7, 1989, to
bargain with the Union as the exclusive collective-
bargaining representative of the employees in the
appropriate unit, the Respondent has engaged in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(5) and (1) and Section
2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated
Section 8(a)(5) and (1) of the Act , we shall order it
to cease and desist , to bargain on request with the
Union , and, if an understanding is reached, to
embody the understanding in a signed agreement.
To ensure that the employees are accorded the
services of their selected bargaining agent for the
period provided by law, we shall construe the ini-
tial period of the certification as beginning the date
the Respondent begins to bargain in good faith
with the Union . Mar-Jac Poultry Co., 136 NLRB
785 (1962); Lamar Hotel, 140 NLRB 226, 229
( 1962), enfd . 328 F .2d 600 (5th Cir . 1964), cert.
denied 379 U.S. 817 ( 1964); Burnett Construction
Co., 149 NLRB 1419, 1421 ( 1964), enfd . 350 F.2d
57 (10th Cir . 1965).
ORDER
The National Labor Relations Board orders that
the Respondent, North American Directory Corp.,
Hazleton , Pennsylvania , its officers , agents, succes-
sors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with Graphic Communi-
cations International Union , AFL-CIO, Local 735-
S, as the exclusive bargaining representative of the
employees in the bargaining unit: '
(b) In any like or related manner interfering
with, restraining , or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) On request , bargain with the Union as the ex-
clusive representative of the employees in the bar-
gaining unit on terms and conditions of employ-
ment and , if an understanding is reached , embody
the understanding in a signed agreement:
Included : all full-time and regular part-time
production and maintenance employees em-
ployed at the Hazleton , Pennsylvania facility.
Excluded : all other employees, office cleri-
cal employees , guards and supervisors as de-
fined in the Act.
(b) Post at its facility in Hazleton , Pennsylvania,
copies of the attached notice marked "Appendix." 1
Copies of the notice, on forms provided by the Re-
gional Director for Region 4 after being signed by
the Respondent 's authorized representative , shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 consecutive days in
conspicuous places including all places where no-
tices to employees are customarily posted . Reason-
able steps shall be taken by the Respondent to
ensure that the notices are not altered , defaced, or
covered by any other material.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
' If 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 Nation-
al 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 EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain with Graphic
Communications International Union, AFL-CIO,
Local 735-S, as the exclusive representative of the
employees in the bargaining unit.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL, on request , bargain with the Union
and put in writing and sign any agreement reached
on terms and conditions of employment for our
employees in the bargaining unit:
Included : all full-time and regular part-time
production and maintenance employees em-
ployed at the Hazleton , Pennsylvania facility.
Excluded : all other employees, office cleri-
cal employees, guards and supervisors as de-
fined in the Act.
NORTH AMERICAN DIRECTORY CORP.