NTA Graphics

National Labor Relations Board - Board Decisions

Nov 29, 1991

305 N.L.R.B. 800 (N.L.R.B. 1991)

800
305 NLRB No. 108
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 303 NLRB 801. Member Oviatt did not participate in that deci-
sion.
2 The Respondent filed four objections to the conduct of the elec-
tion, all of which have been overruled.
3 Whether the Respondent’s unilateral change in shift hours was
lawful or unlawful depended on whether the Union won the election.
See 303 NLRB 801; see also Mike O’Connor Chevrolet Co., 209
NLRB 701, 703 (1974), enf. denied on other grounds 512 F.2d 684
(8th Cir. 1975).
4 Mike O’Connor Chevrolet Co., supra.
5 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
National 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.’’
NTA Graphics, Inc. and Graphic Communications
International Union, Detroit-Toledo Local 289,
AFL–CIO–CLC. Cases 8–CA–20167, 8–CA–
20458, 8–CA–20732, and 8–RC–13648
November 29, 1991
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND OVIATT
On July 31, 1991, the National Labor Relations
Board issued its Decision and Order in the above-cap-
tioned consolidated proceeding.1 One of the allegations
in the complaint was that the Respondent had unilater-
ally, and without bargaining with the Union, changed
the shift hours of unit employees, in violation of Sec-
tion 8(a)(5) and (1) of the Act. Although there is no
dispute that the Respondent changed the shift hours as
alleged, the issue could not be resolved until a number
of challenged ballots cast in the election previously
held in Case 8–RC–13648 were counted,2 and it could
be determined whether or not the Union had won the
election.3 The Board therefore severed Case 8–RC–
13648 and remanded it to the Regional Director for
that purpose. The Board held the unilateral change al-
legation in abeyance. The Regional Director certified
the Union as the unit employees’ representative on
September 9, 1991.
Because the Union prevailed in the election, the Re-
spondent’s unilateral change in shift hours of unit em-
ployees, without notice to or bargaining with the
Union, violated Section 8(a)(5) and (1), as the com-
plaint alleges.4
REMEDY
Having found that the Respondent violated Section
8(a)(5) and (1) by unilaterally changing the shift hours
of its unit employees, we shall order it to cease and
desist from making such unilateral changes in the fu-
ture, and to take certain affirmative action necessary to
effectuate the purposes of the Act. Specifically, we
shall require the Respondent, on request by the Union,
to restore the shift hours of its second-shift unit em-
ployees to those that were in effect before the unilat-
eral change, and to make the employees whole for any
losses they may have incurred as a result of the Re-
spondent’s unlawful action, in the manner prescribed
in Ogle Protection Service, 183 NLRB 682 (1970),
with interest as provided in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987).
ORDER
The Respondent, NTA Graphics, Inc., Toledo, Ohio,
its officers, agents, successors, and assigns, shall
1. Cease and desist from unilaterally, and without
notice to or bargaining with Graphic Communications
International Union, Detroit-Toledo Local 289, AFL–
CIO–CLC (the Union), changing the shift hours of its
employees represented by the Union in the following
appropriate unit:
All full-time and regular part-time press room em-
ployees employed by the Respondent at its To-
ledo, Ohio facility, excluding all office clerical
employees and professional employees, guards,
and supervisors as defined in the Act and all other
employees.
2. Take the following affirmative action necessary to
effectuate the purposes of the Act.
(a) On request by the Union, restore the shift hours
of its unit employees on the second shift to those that
were in effect prior to the unlawful change promul-
gated by the Respondent about November 10, 1987.
(b) Make its unit employees whole for any losses
they may have incurred because of the Respondent’s
unlawful unilateral changes, in the manner set forth in
the remedy section of this supplemental decision.
(c) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay
due under the terms of this Order.
(d) Post at its facility in Toledo, Ohio, copies of the
attached notice marked ‘‘Appendix.’’5 Copies of the
notice, on forms provided by the Regional Director for
Region 8, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(e) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
801NTA GRAPHICS
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 unilaterally, and without notice to or
bargaining with the Union, change the shift hours of
our employees in the following appropriate bargaining
unit:
All full-time and regular part-time press room em-
ployees employed by us at our Toledo, Ohio facil-
ity, excluding all office clerical employees and
professional employees, guards, and supervisors
as defined in the Act and all other employees.
WE WILL, on request by the Union, restore the shift
hours of unit employees on the second shift to those
that were in effect before we unlawfully changed them
in November 1987.
WE WILL make our unit employees whole with inter-
est, for any losses they may have incurred because of
our unlawful actions.
NTA GRAPHICS, INC.