Pennsylvania Glass Sand Corp.

National Labor Relations Board - Board Decisions

Aug 17, 1970

184 N.L.R.B. 907 (N.L.R.B. 1970)

PENNSYLVANIA GLASS SAND CORP. 907
Pennsylvania Glass Sand Corp. and General Team-
sters and Allied Workers Local Union No. 992,
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America.
Case 5-CA-3792
August 17, 1970
SUPPLEMENTAL DECISION AND AMENDED
ORDER
By CHAIRMAN MILLER AND MEMBERS FANNING
AND MCCULLOCH
On June 27,1968, the National Labor Relations
Board issued its Decision and Order in the
above-entitled proceeding.' Thereafter, on April 7,
1970, the United States Court of Appeals for the
District of Columbia Circuit issued its opinion-
upholding the Board's findings that the Respondent
had violated Section 8(a)(1) and (3) of the Na-
tional Labor Relations Act, as amended, but re-
manding the case to the Board to clarify that por-
tion of the Board's Order which, inter alia, required
the Respondent to cease and desist from granting
or promising reclassifications. The court directed
the Board either to withdraw the word "reclassifi-
cations" or explain, if some other meaning was in-
tended, its appropriateness absent a finding that the
grant or promise of reclassifications was unlawful.
The court further directed the Board to reconsider
the remainder of its remedy "to determine if it is at-
1172 NLRB 514
2 General Teamsters and Allied Workers. Local UnIOn No 992 v.
N L R B [Pennsylvania Glass Sand Corp 1. 427 F 2d 582 (C A 0 C.).
184 NLRB No. 112
tributable, in severity or content, to the apparent
improper finding of reclassification."
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
powers in connection with this case to a three-
member panel.
We have accepted the court's remand. Pursuant
thereto, we have reexamined our original Decision
and Order and have determined that our Order to
cease and desist from granting or promising
"reclassifications" was inadvertent, in view of foot-
note 27 of the Trial Examiner's Decision in this re-
gard. We shall strike the word "reclassifications"
from the Order. As did the court, we had found that
there was ample warrant for the conclusion that the
strike was converted to an unfair labor practice
strike on April21 by virtue of the Respondent's
unilateral and hence unlawful wage increases, and
had not relied on Respondent's "reclassifications"
in arriving at this conclusion. Thus, the Respon-
dent's reclassification of replacement employees in
no way affects the remainder of our Order.
AMENDED ORDER
Pursuant to Section lO(c) of the National
Labor Relations Act, as amended, the National
Labor Relations Board hereby amends its Order
ofJune 27, 1968, as foIlows:
Delete the word "reclassifications" from para-
graph l(c).