Owens-Corning Fiberglas Corp.

National Labor Relations Board - Board Decisions

Mar 6, 1970

181 N.L.R.B. 575 (N.L.R.B. 1970)

OWENS-CORNING FIBERGLAS CORP. 575
Owens-Corning Fiberglas Corporation and General
Drivers, Warehousemen and Helpers Local Union
509, International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of
America . Case 11-CA-4040
March 6, 1970
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND JENKINS
Upon a charge filed by General Drivers,
Warehousemen and Helpers Local Union 509,
International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America, herein called the Union, the General
Counsel of the National Labor Relations Board, by
the Regional Director for Region 11, issued a
complaint and notice of hearing on November 28,
1969, alleging that Owens-Corning Fiberglas
Corporation, herein called the Respondent, had
engaged and was engaging in unfair labor practices
within the meaning of Section 8(a)(1) and (5) of the
National Labor Relations Act, as amended.
On December 5, 1969, the Respondent duly filed
an answer to the complaint, admitting in part and
denying in part the allegations set forth therein.
On December 17, 1969, the General Counsel filed
a Motion for Summary Judgment.' Attached to the
General Counsel's Motion as exhibits were alleged
copies of the Union's letter to the Respondent dated
October 21, 1969, requesting that the Respondent
meet with it for the purpose of collective bargaining;
and the Respondent's reply of November 21, 1969,
refusing the request, on the ground that it contested
the Board's certification of the Union and first
wanted to obtain a review thereof.
On January 9, 1970, the Board issued a Notice to
Show Cause why the General Counsel's Motion for
Summary Judgment should not be granted. The
Respondent duly filed a response.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in
connection with this case to a three-member panel.
Upon the entire record in this case, including the
Respondent's response, the Board makes the
following:
RULING ON MOTION FOR SUMMARY JUDGMENT
In its response the Respondent does not contest
the authenticity' of the exhibits attached to the
General Counsel's Motion for Summary Judgment.
These exhibits show that on November 12 and 13,
'The Motion was conditioned on the Board ' s denial of the Respondent's
pending Motion for Reconsideration of the Supplemental Decision and
Certification of Representative in Case 11-RC-2564 The Respondent's
Motion for Reconsideration was denied on January 8, 1970
1968, the Board had conducted a second runoff
election herein; the Respondent had filed timely
objections; on January 24, 1969, the Regional
Director had issued a Report recommending that
the Board overrule the Respondent's objections and
certify the Union; the Respondent had filed
exceptions thereto; on March 14, 1969, the Board
had granted the alternative relief requested by the
Respondent and directed a hearing on the issues
raised by the exceptions; the hearing was held on
April 16 and 17, 1969; on June 10, 1969, the
Hearing Officer had issued a Report making
findings of fact and recommending that the
objections be overruled; the Respondent had filed
timely exceptions thereto; on October 20, 1969, the
Board had issued a Supplemental Decision and
Certification of Representative, in substance
agreeing with the findings and recommendation in
the Hearing Officer's Report and certifying the
Union; the Union had accordingly asked the
Respondent to bargain collectively; and the
Respondent had refused, on the ground that it
contested the Board's overruling of its objections to
the underlying election of November 1968, and
wanted to obtain a review thereof and of the
Union's certification. The record further shows that
the Respondent filed with the Board a Motion for
Reconsideration of the Supplemental Decision, and
that the Motion has been denied.
The Respondent's response does contest the
Supplemental Decision and Certification, in part by
reiterating objections previously made, and
overruled. We again overrule such objections. The
response also urges other objections for the first
time, but without any showing of extraordinary
circumstances to excuse their untimeliness. We find
such objections not timely urged, and decline to
consider them now. Finally, the Respondent argues
that in any event the granting of summary judgment
is not authorized by, and is in conflict with, the Act
and the Board 's own Rules and Regulations. We
find this argument without merit.3
It appearing that the Respondent's response raises
no substantial factual issues warranting a further
hearing, and in view of the hearing theretofore
granted the Respondent and the findings hereinafter
made, we grant the General Counsel's Motion for
Summary Judgment.
'Respondent contends that the first runoff election held in February 1968
should not have been set aside based on the 8(aXI) conduct found to have
occurred after the August 1967 inconclusive election, inasmuch as the
fairness of the runoff was not before the Trial Examiner It urges that a
hearing is now necessary in order to reexamine that conduct and its impact
on the first runoff We find no merit in this . The issue of the grant of
benefits on the heels of an inconclusive first election was fully litigated
before the Trial Examiner The Board affirmed his finding (after
exceptions by this Respondent ) that the Respondent in September 1967
granted benefits to employees for the purpose of inducing them to vote
against the Union "shortly before a Board election," that is, the first
runoff which followed in the normal course of events Owens-Corning
Fiberglas Corp, 172 NLRB No 20, enfd 407 F 2d 1357 (C A 4)
'Collins and Aikman Corp 160 NLRB 1750; Brush-Moore Newspapers,
Mr, 161 NLRB 1620; E-Z Davies Chevrolet, 161 NLRB 1380
181 NLRB No. 84
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record, the Board makes the
following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
We find that on and at all times since October 20,
1969, the Union has been and now is the exclusive
representative of all the ' employees in the
appropriate unit described above, for the purposes
of collective bargaining with the Respondent with
respect to rates of pay, wages, hours of employment,
and other terms and conditions of employment.
The Respondent is now and has been at all
material times a Delaware corporation engaged in
the manufacture of fiberglass products at its Aiken,
South Carolina, plant, which plant is the only one
involved in these proceedings. The Respondent,
during the past 12 months, which period is
representative of all material times, purchased and
received at its Aiken, South Carolina, plant
materials valued in excess of $50,000 directly from
points and places outside the state of South
Carolina. During the same period of time, the
Respondent manufactured, sold and shipped from its
Aiken, South Carolina plant finished products
valued in excess of $50,000 to points directly outside
the state of South Carolina.
The Respondent' admits, and we find, that it is
now and has been at all material times an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
General Drivers, Warehousemen and Helpers
Local Union 509, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America is now and has been at all material
times a labor organization within the meaning of
Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Appropriate Unit
The complaint alleges, the Respondent admits,
and we find that all production and maintenance
employees at the Respondent's Aiken, South
Carolina, plant, excluding all office clerical
employees, laboratory technicians, professional
employees, guards and supervisors as defined in the
Act, constitute a unit appropriate for the purpose of
collective bargaining within the meaning of Section
9(b) of the Act.
B. The Union's Majority
Pursuant to an election by secret ballot conducted
on November 12 and 13, 1968, under the direction
and supervision of the Regional Director for Region
11, the Board on October 20, 1969, issued its
Certification of Representative,4 certifying the
Union as the exclusive representative of all the
employees in the appropriate unit described above
for the purposes of collective bargaining with the
Respondent.
C. The Refusal to Bargain
On or about October 21, 1969, the Union wrote a
letter to the Respondent, requesting that the
Respondent meet with it for the purposes of
collective bargaining.
On or about November 21, 1969, the Respondent
sent the Union a letter, refusing the request, on the
ground that it contested the Board's certification of
the Union. Respondent has continued to refuse to
bargain since that date.
The Respondent, by the' foregoing acts, has
engaged and is engaging 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
In order to insure that the employees in the
appropriate unit will be 'accorded' the services of
their selected bargaining agent for the period
provided by law, we shall construe the initial year of
certification as beginning on the date the
Respondent commences to bargain in good faith
with the Union as the recognized bargaining
representative in the appropriate unit. See: Mar-Jac
Poultry Company, Inc, 136 NLRB 785; Commerce
Company d/b/a Lamar Hotel, 140 NLRB 226, 229
enfd. 328 F.2d 600 (C.A. 5), cert. denied 379 U.S.
817; Burnett Construction Company, 149 NLRB
1419, 1421, enfd. '350 F.2d 57 (C.A. 10).
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Owens-Corning Fiberglas Corporation, Aiken,
South Carolina, its officers, agents, successors, and
assigns, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with General
Drivers, Warehousemen, and Helpers Local Union
509, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America
as the exclusive representative of all employees in
the following appropriate unit: All production and
maintenance employees at the Respondent's Aiken,
South Carolina, plant, excluding all office clerical
employees, laboratory technicians, professional
employees, guards and supervisors as defined in the
1179 NLRB No 39
OWENS-CORNING FIBERGLAS CORP.
Act.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the rights
guaranteed them by Section 7 of the Act.
2. Take the following affirmative action which we
find appropriate to effectuate the policies of the Act:
(a) Upon request, bargain collectively with
General Drivers, Warehousemen, and Helpers Local
Union 509, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America
as the exclusive representative of the employees in
the appropriate unit with respect to rates of pay,
wages, hours of employment, and other conditions
of employment, and if an understanding is reached,
embody such understanding in a signed agreement.
(b) Post at its plant in Aiken, South Carolina,
copies of the attached notice marked "Appendix."5
Copies of said notice, on forms provided by the
Regional Director for Region 11, after being duly
signed by the Respondent's representative, shall be
posted by the Respondent immediately upon receipt
thereof, and be maintained by it for 60 consecutive
days thereafter, in conspicuous places, including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by the
Respondent to insure that said notice is not altered,
defaced, or covered by any other material.
(c) Notify the Regional Director for Region 11, in
writing, within 10 days from this Decision and
Order, what steps have been taken to comply
herewith.
'In the event 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 "
APPENDIX
NOTICE TO EMPLOYEES
577
Posted by Order of the National Labor Relations
Board an agency of the United States Government
WE WILL upon request bargain collectively with
General Drivers, Warehousemen and Helpers Local
Union 509, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America as
the exclusive representative of our employees in the
appropriate unit with respect to rates of pay, wages,
hours of employment, and other conditions of
employment, and if an understanding is reached,
embody such understanding in a signed agreement.
The appropriate unit is all production and
maintenance employees at the Aiken, South Carolina
plant, excluding all office clerical employees, laboratory
technicians, professional employees, guards and
supervisors as defined in the Act
WE WILL NOT in any like or related manner interfere
with, restrain or coerce our employees in the rights
guaranteed them by Section (7) of the Act.
OWENS-CORNING
FIBERGLAS CORPORATION
(Employer)
Dated By
(Representative ) (Title)
This is an official notice and must not be defaced by
anyone.
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.
Any questions concerning this notice or compliance
with its provisions, may be directed to the Board 's Office,
1624 Wachovia Building, 301 North Main Street,
Winston-Salem , North Carolina 27101, Telephone
919-723-2300.