North Coast Counties District Council of Carpenters

National Labor Relations Board - Board Decisions

Sep 29, 1972

199 N.L.R.B. 448 (N.L.R.B. 1972)

448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
North Coast Counties District Council of Carpen-
ters, United Brotherhood of Carpenters & Joiners
of America , AFL-CIO; and Carpenters Local Un-
ion No. 751, United Brotherhood of Carpenters &
Joiners of America, AFL-CIO and Cotati Cabinet
Shop, Inc., d/b/a/ Cotati Cabinet Manufacturing
Corp. Case 20-CB-2389
September 29, 1972
SUPPLEMENTAL DECISION
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
KENNEDY
On June 23, 1972, the National Labor Relations
Board issued its Decision and Order' in the above-
entitled matter finding that the Respondents had vio-
lated Section 8(b)(3) of the National Labor Relations
Act, as amended, and directing that they cease and
desist from their unlawful conduct and, upon request
by the Charging Party (the above-named Company),
execute a written agreement embodying the terms of
the agreement found by the Board to have been
reached in May or June 1970. Thereafter, on July 27,
1972, the Respondents filed a motion stating that the
said Company has ceased its operations and gone out
of business and requesting that therefore the Order
issued herein be vacated or, alternatively, be modified
because Respondents cannot give effect to the said
collective-bargaining agreement or make reference to
the employment rights and working conditions of em-
ployees of that Company.
On August 9, 1972, counsel for the General
Counsel filed a response to the said motion, stating
that he had been informed by the Charging Party that
it had in fact discontinued its business and had no
present intention of resuming its former operations.
The General Counsel opposed the motion, insofar as
it would vacate the Order, on the ground that the
unlawful conduct should not go unremedied, but he
joined in the alternative request for modification of
the Order. The General Counsel indicated, further,
that the Charging Party's representative had advised
him orally that the Charging Party does not object to
modification of the Order as urged by the General
Counsel.
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.
We have duly considered our original Order in
light of the Respondents' motion and the General
Counsel's response thereto, and find merit in the Re-
spondents' alternative contention that modification
in requires remedial action by the Respondents.
Therefore,
IT IS HEREBY ORDERED that the Order of June 23,
1972, be, and it hereby is, modified by deleting para-
graphs 1 and 2(a) and (c), renumbering the present
2(b) and (d) as 2(a) and (b), substituting the following
new paragraph 1, and substituting the attached notice
for the earlier notice:
"I. Cease and desist from failing and refusing
upon request, as the exclusive bargaining representa-
tive of all employees in an appropriate unit, to reduce
to writing and execute any collective-bargaining
agreement reached, or from engaging in any like or
related conduct, in derogation of their statutory duty
to bargain, should the Employer resume its manufac-
turing operations and the Respondents remain or be-
come the statutory bargaining representative of the
Employer's employees.
197 NLRB No. 149.
APPENDIX
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT unlawfully fail and refuse,
upon request, as the exclusive bargaining repre-
sentative of all employees in an appropriate unit,
to reduce to writing and execute any collective-
bargaining agreement reached, or engage in any
like or related conduct, in derogation of our stat-
utory duty to bargain, should Cotati Cabinet
Shop, Inc., d/b/a Cotati Cabinet Manufacturing
Corp., resume its manufacturing operations and
we remain or become the statutory bargaining
representative of the Employer's employees.
NORTH COAST COUNTIES DIS-
TRICT COUNCIL OF CARPENTERS,
UNITED BROTHERHOOD OF CAR-
PENTERS & JOINERS OF AMERICA,
AFL-CIO; AND CARPENTERS Lo-
CAL UNION No. 751, UNITED
BROTHERHOOD OF CARPENTERS &
JOINERS OF AMERICA, AFL-CIO
(Labor Organization)
of that order is warranted, because we agree with the Dated By
General Counsel that the nature of the violation here- (Representative) (Title)
199 NLRB No. 59
NORTH COAST COUNTIES DISTRICT COUNCIL OF CARPENTERS 449
This is an official notice and must not be defaced Any questions concerning this notice or compli-
by anyone . ance with its provisions may be directed to the
This notice must remain posted for 60 consecu- Board's Office , 13018 Federal Building, Box 36047,
tive days from the date of posting and must not be 450 Golden Gate Avenue, San Francisco, California
altered , defaced, or covered by any other material . 94102 , Telephone 415-556-3197.