Pattern Makers' Association

National Labor Relations Board - Board Decisions

Dec 9, 1980

253 N.L.R.B. 643 (N.L.R.B. 1980)

PATTERN MAKERS' ASSOCIATION
Pattern Makers' Association of Detroit and Vicinity,
Pattern Makers' League of North America,
AFL-CIO and Michigan Pattern Manufactur-
ers Association. Case 7-CB-3623
December 9, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
On November 14, 1977, the National Labor Re-
lations Board issued its Decision and Order' in this
proceeding finding that the Respondent, Pattern
Makers' Association of Detroit and Vicinity, Pat-
tern Makers' League of North America, AFL-
CIO, violated Section 8(b)(3) of the National
Labor Relations Act, as amended, by unilaterally
changing the operation of its out-of-work lists and
by threatening a strike to compel members of the
Michigan Pattern Manufacturers Association to
comply with said change, and Section 8(b)(1)(A)
and (2) of the Act by maintaining and operating a
system of placing the names of its executive com-
mittee members, and former business managers and
assistant business managers, at the top of its out-of-
work lists. Accordingly, the Board ordered Re-
spondent to cease and desist therefrom and to take
certain affirmative action, including the immediate
return to the method of operating its out-of-work
lists used prior to the unilateral change.
On June 5, 1980, the United States Court of Ap-
peals for the Sixth Circuit issued a judgment 2
granting enforcement of the Board's Order, but re-
manding the case to the Board to have it evaluate
its Order in light of a recently negotiated collec-
tive-bargaining agreement and letter of understand-
ing.3
' 233 NLRH 430
2 622 F.2d 267.
3 This collective-bargaining agreement and letter of understanding pro-
vide, nter alia, for a mutually agreed-upon method of operating Re-
spondent's out-of-work lists.
On August 1, 1980, the Board notified the parties
in this proceeding that it had decided to accept the
remand from the court of appeals. Thereafter, the
General Counsel, the Charging Party, and Re-
spondent filed statements of position.
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.
The Board, having accepted the court's remand
and having duly considered the issues presented by
the remand and the parties' statements of position,
finds that the recently negotiated collective-bar-
gaining agreement and letter of understanding do
not alter the circumstances upon which its earlier
Decision and Order was predicated. More particu-
larly, we note that our earlier Order specifically
anticipated that Respondent and the Charging
Party could, in the normal course of events, negoti-
ate modifications in the operation of the out-of-
work lists; the fact that they have done so neither
renders that Order moot nor justifies its modifica-
tion.4 Furthermore, compliance with a Board
Order does not rule out the necessity for an order
to deter future unlawful conduct.
Accordingly, we reaffirm our earlier Decision
and Order finding that the Respondent, Pattern
Makers' Association of Detroit and Vicinity, Pat-
tern Makers' League of North America, AFL-
CIO, violated Section 8(b)(1)(A), (2), and (3) of the
National Labor Relations Act, as amended.
ORDER
It is hereby orderd that the Board's previous De-
cision and Order in this proceeding, issued on No-
vember 14, 1977 (reported at 233 NLRB 430), be,
and it hereby is, reaffirmed.
4 See, eg . Universal Building Services. Inc.. 234 NLRB 362 (1978)
253 NLRB No. 91
643