Polymark Corp.

National Labor Relations Board - Board Decisions

Aug 1, 2001

334 N.L.R.B. 863 (N.L.R.B. 2001)

POLYMARK CORP. 863
Polymark Corporation and Robert J. Mohat. Case 9–
CA–28091
August 1, 2001
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN HURTGEN AND MEMBERS
LIEBMAN
AND TRUESDALE
On September 1, 1999, the National Labor Relations
Board issued its Decision and Order in the above-
captioned case.1 Subsequently, Charging Party Robert J.
Mohat (Mohat) filed a petition for review with the
United States Court of Appeals for the Sixth Circuit. On
January 8, 2001, the court issued its decision.2 The court
affirmed in part, and reversed in part, the Board’s deci-
sion.
In relevant part, the court disagreed with the Board and
found that Polymark unlawfully refused to honor Mo-
hat’s revocation of his dues-checkoff authorization after
he resigned from the Union. The court found that Mo-
hat’s dues-checkoff authorization constituted a contract
with Polymark that provided for the payment of union
membership dues only, and did not apply to any repre-
sentational costs that Mohat may have been obligated to
pay under the union-security clause after he resigned his
union membership. Accordingly, the court concluded
that Polymark violated Section 8(a)(3) and (1) of the Act
when it refused to honor Mohat’s dues-checkoff authori-
zation revocation. The court remanded the case to the
Board to enter an appropriate remedial order.
On May 4, 2001, the Board advised the parties that it
had accepted the court’s remand and invited statements
of position. No party filed a statement of position.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the Sixth Circuit’s remand,
and has decided to accept the court’s decision as the law
of the case and to issue the appropriate remedial order
against Polymark for the violations found by the court.
ORDER
The National Labor Relations Board orders that the
Respondent, Polymark Corporation, Cincinnati, Ohio, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Deducting union dues from employees’ wages pur-
suant to a validly revoked dues-checkoff authorization.

1 329 NLRB No. 7 (1999).
2 Mohat v. NLRB, 248 F.3d 1150 (6th Cir. 2001) (unpublished deci-
sion).
(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) Make Robert J. Mohat whole for any money de-
ducted from his wages pursuant to his dues-checkoff
authorization after its November 9, 1990 revocation, with
interest as prescribed in New Horizons for the Retarded,
283 NLRB 1173 (1987).
(b) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, and all
other records, including an electronic copy of such re-
cords if stored in electronic form, necessary to analyze
the amount of this Order.
(c) Within 14 days after service by the Region, post at
its Cincinnati, Ohio facility copies of the attached notice
marked “Appendix.”3 Copies of the notice, on forms
provided by the Regional Director for Region 9, after
being signed by the Respondent’s authorized representa-
tive, shall be posted by the Respondent and maintained
for 60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Respon-
dent 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 Respondent has
gone out of business or closed the facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at any time since November 9, 1990.
(d) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.

APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

3 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.”
334 NLRB No. 121
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 864
The National Labor Relations Board has found that we vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protection
To choose not to engage in any of these protected
concerted activities.

WE WILL NOT deduct union dues from employees’
wages pursuant to a validly revoked dues-checkoff au-
thorization.
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 make Robert J. Mohat whole for any
money deducted from his wages pursuant to his dues-
checkoff authorization after its November 9, 1990 revo-
cation, with interest.
POLYMARK CORPORATION