Paulstra CRC Corp.

National Labor Relations Board - Board Decisions

Mar 18, 2003

338 N.L.R.B. 120 (N.L.R.B. 2003)

NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Paulstra CRC Corporation and United Steelworkers
of America, AFL–CIO, CLC. Case 7–CA–45527
March 18, 2003
DECISION AND ORDER
BY MEMBERS LIEBMAN, SCHAUMBER, AND WALSH
This is a refusal-to-bargain case in which the Respon-
dent is contesting the Union’s certification as bargaining
representative in the underlying representation proceed-
ing. Pursuant to a charge filed on October 10, 2002, the
General Counsel issued the complaint on October 21,
2002, alleging that the Respondent has violated Section
8(a)(5) and (1) of the Act by refusing the Union’s request
to bargain following the Union’s certification in Case 7–
RC–22179. (Official notice is taken of the “record” in
the representation proceeding as defined in the Board’s
Rules and Regulations, Secs. 102.68 and 102.69(g);
Frontier Hotel, 265 NLRB 343 (1982).) The Respondent
filed an answer admitting in part and denying in part the
allegations in the complaint.
On November 19, 2002, the General Counsel filed a
Motion for Summary Judgment. On November 22,
2002, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent filed a
response.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
The Respondent admits its refusal to bargain, but con-
tests the validity of the certification based on its objec-
tions to conduct alleged to have affected the results of the
election in the representation proceeding.
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding. The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the representation proceeding. We
therefore find that the Respondent has not raised any
representation issue that is properly litigable in this un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord-
ingly, we grant the Motion for Summary Judgment.1

1 We therefore deny the Respondent’s requests that the complaint be
dismissed and that it be awarded its costs and reasonable attorneys fees.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a Michigan cor-
poration, with offices and a place of business located at
1300 S. County Farm Dr., P.O. Box 160, Ithaca, Michi-
gan, has been engaged in the stamping, finishing, and
nonretail sale of automotive parts. The Respondent’s
Ithaca facility is the only facility involved in this pro-
ceeding.
During the calendar year ending December 31, 2001,
the Respondent, in conducting its operations described
above, purchased and received directly at its Ithaca,
Michigan facility from points located outside the State of
Michigan, goods and materials valued in excess of
$50,000.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(6) and (7)
of the Act and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held April 5, 2002, the Union
was certified on August 29, 2002, as the exclusive col-
lective-bargaining representative of the employees in the
following appropriate unit:

All full-time and regular part-time production employ-
ees, including production operators, department assis-
tants, team leaders, quality department employees,
stamping employees, phosphating employees, assem-
bly employees, and rep-net technicians, employed by
Respondent at its facility located at 1300 S. County
Farm Drive, Ithaca, Michigan, but excluding all skilled
trades employees, maintenance employees, machine
mechanics, office clerical employees, technical em-
ployees, professional employees, employees employed
by temporary employment agencies, guards and super-
visors as defined in the Act.

The Union continues to be the exclusive representative un-
der Section 9(a) of the Act.
B. Refusal to Bargain
By letter dated September 16, 2002, the Union re-
quested the Respondent to bargain, and, by letter dated
October 1, 2002, the Respondent refused to do so. We

Members Schaumber and Walsh did not participate in the underly-
ing representation proceeding. However, they agree that the Respon-
dent has not raised any new matters warranting a hearing in this pro-
ceeding and that summary judgment is appropriate.
338 NLRB No. 120
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
find that this refusal constitutes an unlawful refusal to
bargain in violation of Section 8(a)(5) and (1) of the Act.
CONCLUSION OF LAW
By refusing since October 1, 2002, to bargain with the
Union as the exclusive collective-bargaining representa-
tive of employees in the appropriate unit, the Respondent
has engaged in unfair labor practices affecting commerce
within the meaning of Section 8(a)(5) and (1) and Sec-
tion 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(5) and (1) of the Act, we shall order it to cease and
desist, to bargain on request with the Union, and, if an
understanding is reached, to embody the understanding
in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by the law, we shall construe the initial period of the cer-
tification as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Paulstra CRC Corporation, Ithaca, Michi-
gan, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with United Steelworkers of
America, AFL–CIO, CLC, as the exclusive bargaining
representative of the employees in the bargaining unit.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, bargain with the Union as the exclusive
representative of the employees in the following appro-
priate unit on terms and conditions of employment, and if
an understanding is reached, embody the understanding
in a signed agreement:

All full-time and regular part-time production employ-
ees, including production operators, department assis-
tants, team leaders, quality department employees,
stamping employees, phosphating employees, assem-
bly employees, and rep-net technicians, employed by
Respondent at its facility located at 1300 S. County
Farm Drive, Ithaca, Michigan, but excluding all skilled
trades employees, maintenance employees, machine
mechanics, office clerical employees, technical em-
ployees, professional employees, employees employed
by temporary employment agencies, guards and super-
visors as defined in the Act.

(b) Within 14 days after service by the Region, post at
its facility in Ithaca, Michigan, copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 7,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since October 1, 2002.
(c)Within 21 days after service by the Region, file with
the Regional Director a sworn certification of a responsi-
ble official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
Dated, Washington, D.C., March 18, 2003

Wilma B. Liebman, Member

Peter C. Schaumber, Member

Dennis P. Walsh, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD

2 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
PAULSTRA CRC CORP. 3
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 vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT refuse to bargain with United Steelworkers
of America, AFL-CIO, CLC, as the exclusive representa-
tive of the employees in the bargaining unit.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, on request, bargain with the Union and put
in writing and sign any agreement reached on terms and
conditions of employment for our employees in the bar-
gaining unit:

All full-time and regular part-time production employ-
ees, including production operators, department assis-
tants, team leaders, quality department employees,
stamping employees, phosphating employees, assem-
bly employees, and rep-net technicians, employed by
us at our facility located at 1300 S. County Farm Drive,
Ithaca, Michigan, but excluding all skilled trades em-
ployees, maintenance employees, machine mechanics,
office clerical employees, technical employees, profes-
sional employees, employees employed by temporary
employment agencies, guards and supervisors as de-
fined in the Act.
PAULSTRA CRC CORPORATION