207 N.L.R.B. 991 (N.L.R.B. 1973)

Parklane Hosiery

National Labor Relations Board - Board DecisionsDec 17, 1973

207 N.L.R.B. 991 (N.L.R.B. 1973)

PARKLANE HOSIERY 991 Parklane Hosiery Co., Inc . and Mervyn Roberts d/b/a Parklane Hosiery, its alter ego and Retail Store Employees Local Union 1001 , Retail Clerks Inter- national Association, AFL-CIO. Cases 19-CA-5459 and 19-CA-5460 December 17, 1973 SUPPLEMENTAL DECISION AND AMENDED ORDER BY MEMBERS FANNING, KENNEDY, AND PENELLO On May 15, 1973, the National Labor Relations Board issued its Decision and Order in this proceed- ing,) finding, inter alia, that the Respondents herein had violated Section 8(a)(5) and (1) of the National Labor Relations Act, as amended. The Board ordered the Respondent to cease and desist from the unfair labor practices found and to take certain affirmative action necessary to effectuate the purpos- es of the Act. Thereafter, the General Counsel filed a motion for reconsideration of the Board's Decision and Order and the Charging Party filed a statement in opposi- tion. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board, having duly considered the General Counsel's motion for reconsideration, as well as the Charging Party's statement in opposition, in the light of the entire record in this case, has decided to grant the General Counsel's motion. In support of its motion, the General Counsel avers that, as revealed during the compliance stage of this proceeding, the Respondents have permanently closed, for legitimate economic reasons, two of their three Seattle stores which together were found to constitute an appropriate bargaining unit, and that the one remaining store, which has but a single employee, is therefore not appropriate for the purposes of collective bargaining. These facts are not controverted by any party to this proceeding. In these circumstances, we do not find that it will effectuate the policies of the Act to continue to require that the Respondents bargain with the Charging Party herein. Accordingly, we shall amend our initial Order.2 AMENDED ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondents, 207 NLRB No. 146 Parklane Hosiery Co., Inc., and Mervyn Roberts, d/b/a Parklane Hosiery, its alter ego, Seattle, Washington, their officers, agents, successors, and assigns, shall: 1. Cease and desist from interfering with, re- straining, or coercing their employees in any like or related manner with respect to the exercise of employee rights which the National Labor Relations Act guarantees. 2. Take the following affirmative action which is deemed necessary to effectuate the policies of the Act: (a) Jointly post at their Seattle, Washington, retail store copies of the attached notice marked "Appen- dix."3 Copies of said notice, in forms provided by the Regional Director for Region 19, after being duly signed by Respondents' representatives, shall be posted by Respondents immediately upon, receipt thereof, and be maintained by them for 60 consecu- tive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respon- dents to insure that said notices are not altered, defaced, or covered by any other material. (b) Notify the Regional Director for Region 19, in writing, within 20 days from the date of this Order, what steps the Respondents have taken to comply herewith. 1 203 NLRB No. 100. 2 Member Penello disagrees with this action and would deny the motion, leaving to the Regional Director the determination , in the compliance stage of the proceeding , of what action is sufficient under the circumstances to satisfy the requirements of the Board's Order. 3 In the event that 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 POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a hearing, during which all parties were given an opportunity to present evidence and argument, it has been determined that we violated the law by committing certain unfair labor practices. In order to remedy such conduct, we are being required to post this notice. We intend to comply with this require- ment, and to abide by the following commitments: The National Labor Relations Act gives all employees rights to engage in self-organization; to form, join, or help unions; to bargain collectively through representatives of their own free choice; to act together for collective bargaining or other mutual 992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD aid or protection; and to refrain from doing any or all of these things. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees with respect to their exercise of the statutorily guaranteed rights above described. PARKLANE HOSIERY CO., INC. AND MERVYN ROBERTS D/B/A PARKLANE HOSIERY (Employers) 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, covered by any other material. Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's office , 1000 Republic Building, 1511 Third Avenue, Seattle, Washington 98101, Telephone 206-442-4532. Dated By (Representative) (Title)