Plycoma Veneer Co.

National Labor Relations Board - Board Decisions

May 10, 1972

196 N.L.R.B. 1009 (N.L.R.B. 1972)

PLYCOMA VENEER CO. 1009
r
Plycoma Veneer Co. and International Union , Allied
Industrial Workers of America, AFL-CIO. Case 7-
CA-8920
May 10, 1972
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
PENNELLO
Upon a charge filed on August 30, 1971, by Inter-
national Union, Allied Industrial Workers of Ameri-
ca, AFL-CIO, herein called the Union, and duly
served on Plycoma Veneer Co., herein called the Re-
spondent, the General Counsel of the National Labor
Relations Board, by the Regional Director for Region
7, issued a complaint on October 12, 1971, against
Respondent, alleging that Respondent had engaged in
and was 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 National Labor
Relations Act, as amended. Copies of the charge,
complaint, and notice of hearing before a Trial Exam-
iner were duly served on the parties to this proceeding.
With respect to the unfair labor practices, the com-
plaint alleges in substance that on June 3, 1971, fol-
lowing a Board election in Case 7-RC-10532, the
Union was duly certified as the exclusive collective-
bargaining representative of Respondent's employees
in the unit found appropriate; that Respondent, in
violation of Section 8(a)(5) and (1), has refused, and
continues to date to refuse, to bargain collectively
with the Union as the exclusive bargaining represent-
ative by making certain changes in the terms and
conditions of employment of unit employees without
prior notification to or bargaining with the Union;
and that Respondent, in violation of Section 8(a)(1),
threatened its employees with loss of jobs and plant
closure because the Union had demanded a rescission
of the changes. On October 20, 1971, Respondent
filed its answer to the complaint admitting in part,
and denying in part, the allegations in the complaint.
On December 13, 1971, the Respondent withdrew its
answer.
On December 27, 1971, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on January 6,
1972, the Board issued an order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent did not
file a response to Notice To Show Cause.
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.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides as follows:
The respondent shall, within 10 days from the
service of the complaint, file an answer thereto.
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the complaint,
unless the respondent is without knowledge, in
which case the respondent shall so state, such
statement operating as a denial. All allegations in
the complaint, if no answer is filed, or any allega-
tion in the complaint not specifically denied or
explained in an answer filed, unless the respon-
dent shall state in the answer that he is without
knowledge, shall be deemed to be admitted to be
true and shall be so found by the Board, unless
good cause to the contrary is shown.
The complaint and notice of hearing were served on
the Respondent on October 12, 1971, alleging viola-
tions of Section 8(a)(1) and (5) of the Act. While, as
noted, Respondent filed its answer to the complaint,
it subsequently withdrew that answer. There is thus no
answer to the complaint now pending before the
Board, and the allegations of the complaint are
deemed to be admitted, and are so found to be true.
We shall, accordingly, grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Respondent, a Michigan corporation, with its only
office and place of business in Nashville, Michigan, is
engaged in the processing, sale, and distribution of
wood veneer, plywood, and related products. During
1970, Respondent manufactured, sold, and
distributed from its Nashville plant products valued
in excess of $100,000, of which products valued in
excess of $50,000 were shipped directly to points
located outside the State of Michigan. We find, on the
basis of the foregoing, that Respondent is, and has
been at all times material herein, engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act, and that it will effectuate the policies of the
Act to assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
International Union, Allied Industrial Workers of
196 NLRB No. 146
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
America, AFL-CIO, is a labor organization within
the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The 8(a)(5) Violations
The following employees of the Respondent con-
stitute a unit appropriate for collective-bargaining
purposes within the meaning of Section 9(b) of the
Act:
All production and maintenance employees
employed by the Respondent at its factory locat-
ed at 114 Lentz Street, Nashville, Michigan; but
excluding office clerical employees, professional
employees, guards and supervisors as defined in
the Act.
The Union was certified as the collective-bargain-
ing representative of the employees in said unit on
June 3, 1971, and the Union continues to be such
exclusive representative within the meaning of Sec-
tion 9(a) of the Act.
On or about June 25, 1971, Respondent, by its pres-
ident, posted notices to employees in the above-de-
scribed unit announcing that (a) the contributory
medical insurance program for employees was being
canceled; (b) its policy of making voluntary payroll
deductions for financial institutions was being discon-
tinued; (c) Respondent was instituting a policy of
limiting excused absences and requiring that employ-
ees make up their unexcused absences; and (d) Re-
spondent was instituting a policy restricting
employees' rights to smoke and drink coffee to specif-
ic times and areas in the plant.
On or about June 23, 1971, Respondent, through its
president, announced a newly instituted policy re-
stricting the employees' personal relief time to 3 min-
utes each. Since July 4, 1971, Respondent has initiated
a new vacation policy by not granting vacations or
paying vacation pay to employees with less than 5
years seniority. All of the foregoing conduct was en-
gaged in without prior notification to the Union and
without giving the Union the opportunity to negotiate
thereon.
We, accordingly, find that the Respondent by the
above-described unilateral changes has since June 23,
1971, and at all times thereafter, refused to bargain
collectively with the Union as the exclusive represent-
ative of the employees in the appropriate unit and
that, by such refusal, Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(a)(5) and (1) of the Act.
B. The Independent 8(a)(1) Violations
On or about July 2, 1971, Respondent , through its
president, threatened its employees with loss of jobs
and plant closure because the Union had demanded
rescission of the unilateral changes in working condi-
tions described in the preceding paragraph. We, ac-
cordingly, find that by the aforesaid conduct, the
Respondent interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed
under Section 7 of the Act and that, by such conduct,
the Respondent thereby engaged in and is engaging in
unfair labor practices within the meaning of Section
8(a)(1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The activities of the Respondent set forth in section
III, above, occurring in connection with its operations
described in section I, above, have a close, intimate,
and substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE REMEDY
Having found that the Respondent has engaged in
and is engaging in certain unfair labor practices with-
in the meaning of the Act, we shall order that it cease
and desist therefrom, and take certain affirmative ac-
tion designed to effectuate the policies of the Act.
Having found that the Respondent unlawfully can-
celed its contributory medical insurance program, we
shall direct reinstitution of the insurance program and
shall also direct that the Respondent make whole its
employees for any losses they may have incurred as
a result of the cancellation, together with interest at
the rate of 6 percent per annum. We shall similarly
direct reinstitution of the former vacation policy and
that the Respondent make whole employees for any
losses suffered by reason of the unlawful change by
paying them the vacation pay they would have re-
ceived but for the change, together with interest at the
rate of 6 percent per annum. We shall also order a
rescission of the other changes made and shall direct
a revocation of any disciplinary action which may
have resulted from an application of the unilaterally
imposed rules. Further, we shall direct that, upon re-
quest, the Respondent bargain with the Union con-
cerning these terms and conditions of employment.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Respondent, Plycoma Veneer Co., is an employ-
PLYCOMA VENEER CO.
er engaged in commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
2. International Union , Allied Industrial Workers
of America , AFL-CIO, is a labor organization within
the meaning of Section 2(5) of the Act.
3. All production and maintenance employees em-
ployed by the Respondent at its factory located at 114
Lentz Street , Nashville , Michigan ; but excluding of-
fice clerical employees , professional employees,
guards and supervisors as defined in the Act consti-
tute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the
Act.
4. By the acts and conduct described in section III
A and B, the Respondent has interfered with, re-
strained , and coerced its employees in the exercise of
the rights guaranteed in Section 7 of the Act and
thereby has engaged in and is engaging in unfair labor
practices within the meaning of Section 8 (a)(1) and (5)
of the Act.
5. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2 (6) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that Respondent, Plycoma
Veneer Co., its officers, agents, successors, and as-
signs , shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Interna-
tional Union, Allied Industrial Workers of America,
AFL-CIO, by (1) unilaterally discontinuing its contri-
butory medical insurance program, (2) changing its
vacation policy, (3) discontinuing its policy of making
voluntary payroll deductions for employees for finan-
cial institutions, and (4) instituting new policies on
absenteeism, restricting employees' rights to smoke
and drink coffee, restricting employees' personal re-
lief time, or by making unilateral changes in employ-
ees' terms and conditions of employment.
(b) Threatening employees with loss of jobs and
plant closure because of the Union's demand for re-
scission of Respondent's unilateral changes in work-
ing conditions.
(c) In any like or related manner interfering with
the efforts of the above-named Union to bargain col-
lectively on behalf of the employees in the unit herein
found appropriate.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Reinstitute its contributory medical insurance
program and its vacation policy and make whole its
employees for any losses they may have suffered as a
1011
result of the cancellation of the former or the change
in the latter in the manner set forth in the section
herein entitled "The Remedy."
(b) Reinstitute its policy of making voluntary pay-
roll deductions for employees for financial institu-
tions.
(c) Rescind its unilaterally instituted policies limit-
ing excused absences and requiring employees to
make up unexcused absences, restricting employees'
rights to smoke and drink coffee in the plant, and
restricting employees' personal relief time and revoke
any disciplinary action against employees that may
have resulted from an application of these policies.
(d) Upon request, bargain with the above-named
labor organization concerning the above-described
terms and conditions of employment of its employees.
(e) Post at its Nashville, Michigan, plant copies of
the attached notice marked "Appendix."' Copies of
said notice, on forms provided by the Regional Direc-
tor for Region 7, after being duly signed by
Respondent's representative, shall be posted by Re-
spondent 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 Respondent to insure that said.
notices are not altered, defaced, or covered by any
other material.
(f) Notify the Regional Director for Region 7, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
1 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 be changed to 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
WE WILL NOT discontinue our contributory
medical insurance, change our vacation policy,
discontinue making voluntary payroll deductions
for employees for financial institutions, or insti-
tute new policies on absenteeism, on employees'
smoking and coffee-drinking rights, and on em-
ployees' personal relief time, or make other
changes in employees' terms and conditions of
employment without prior notification to and
bargaining with International Union, Allied In-
1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dustrial Workers of America, AFL-CIO, as the
exclusive representative of the employees in the
bargaining unit described below.
WE WILL NOT threaten our, employees with loss
of jobs or plant closure because of a demand by
the Union for rescission of unilaterally made
changes in our employees' terms and conditions
of employment.
WE WILL NOT in any like or related manner in-
terfere with, restrain, or coerce our employees in
the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL reinstitute our contributory medical
insurance program and our vacation policy, and
make whole our employees for any losses suf-
fered as a result of cancellation of the insurance
program or the change in the vacation policy.
WE WILL reinstitute our policy of making vol-
untary payroll deductions for our employees for
financial institutions.
WE WILL rescind the policies of limiting ex-
cused absences and requiring employees to make
up unexcused absences, restricting employees'
smoking and coffee-drinking rights, and re-
stricting employees' personal relief time and re-
voke any disciplinary action that may have
resulted from an application of these policies.
WE WILL, upon request, bargain with the
above-named Union concerning the described
terms and conditions of employment. The bar-
gaining unit is:
All production and maintenance employ-
ees employed by the Employer at its factory
located at 114 Lentz Street, Nashville, Mich-
igan; but excluding office clerical employ-
ees, professional employees , guards and
supervisors as defined in the Act.
Dated . By
PLYCOMA VENEER'CO.
(Employer)
(Representative) (Title)
This is arnofficial 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 compli-
ance with its provisions may be directed to the
:Board's Office, 500 Book Building, 1249 Washington
Boulevard, Detroit, Michigan 48226, Telephone 313-
226-3200.