Precise Castings, Inc.

National Labor Relations Board - Board Decisions

Jun 14, 1989

294 N.L.R.B. 1164 (N.L.R.B. 1989)

1164 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Precise Castings, Inc. and International Union of
Electronic, Electrical , Salaried, Machine and
Furniture Workers, AFL-CIO Furniture Work-
ers Division-Local 18-B. Case 13-CA-28430
June 14, 1989
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND HIGGINS
On March 17, 1989, the General Counsel of the
National Labor Relations Board issued a complaint
alleging that the Respondent has violated Section
8(a)(5) and (1) of the National Labor Relations Act
by refusing the Union's request to bargain follow-
ing the Union's certification in Case 13-RC-17367.
(Official notice is taken ' of the "record" in' the rep-
resentation proceeding as defined in the Board's
Rules and Regulations, Secs. 102.68 and 102.69(g);
Frontier Hotel, 265 NLRB 343 (1982).) The Re-
spondent filed its answer admitting in part and de-
nying in part the allegations in the complaint.
On April 17, 1989, the Acting General Counsel
filed a Motion for Summary Judgment. On April
19, 1989, the Board issued an order transferring the
proceeding 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 delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent admits its refusal to
bargain but attacks the validity of the certification
on the basis of its objections to the election in the
representation proceeding.
All representation issues raised by the Respond-
ent were or could have been litigated in the prior
representation proceeding. The Respondent does
not offer to adduce at a hearing any newly discov-
ered and previously unavailable evidence , nor does
it allege any special circumstances that would re-
quire the Board to reexamine the decision made in
the representation proceeding . We therefore find
that the Respondent has not raised any representa-
tion issue that is properly litigable in this unfair
labor practice proceeding . See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Ac-
cordingly , we grant the Motion for Summary
Judgment.
On the entire record , the Board makes the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
The Respondent, an Illinois corporation, manu-
factures aluminum die castings with an office and
place of business in Franklin Park, Illinois, where it
annually purchases and receives goods and materi-
als valued in excess of $50,000 directly from points
outside the State. 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 mean-
ing of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held June 28, 1988, the
Union was certified on February 6, 1989, as the
collective-bargaining representative of the employ-
ees in the following appropriate unit:
All regular full-time and regular part-time pro-
duction, maintenance, and tool room employ-
ees employed by the Employer at its facility
now located at 9234 Park Lane, Franklin Park,
Illinois, but excluding all office employees,
guards, and supervisors as defined in the Act.
The Union continues to be the exclusive represent-
ative under Section 9(a) of the Act.
B. Refusal to Bargain
Since February 21, 1989, the Union has request-
ed the Respondent to bargain and, since February
21, the Respondent has refused. We find that this
refusal constitutes an unlawful refusal to bargain in
violation of Section 8(a)(5) and (1) of the Act.
CONCLUSIONS OF LAW
By refusing on and after February 21, 1989, to
bargain with the Union as the exclusive collective-
bargaining representative of employees in the ap-
propriate unit, the Respondent has engaged in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(5) and (1) and Section
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 law, we shall construe the ini-
294 NLRB No. 94
PRECISE CASTINGS
tial period of the certification 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, Precise Castings, Inc., Franklin
Park, Illinois, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Refusing to bargain with International Union
of Electronic, Electrical, Salaried, Machine and
Furniture Workers, AFL-CIO Furniture Workers
Division-Local 18-B, as the exclusive bargaining
representative of the employees in the bargaining
unit.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) On request, bargain with the Union as the ex-
clusive representative of the employees in the fol-
lowing appropriate unit on terms and conditions of
employment and, if an understanding is reached,
embody the understanding in a signed agreement:
All regular full-time and regular part-time pro-
duction, maintenance, and tool room employ-
ees employed by the Employer at its facility
now located at 9234 Park Lane, Franklin Park,
Illinois, but excluding all office employees,
guards, and supervisors as defined in the Act.
(b) Post at its facility in Franklin Park, Illinois,
copies of the attached notice marked "Appendix."'
' 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 Nation-
al Labor Relations Board" shall read "Posted Pursuant to a Judgment of
the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board "
1165
Copies of the notice, on forms provided by the Re-
gional Director for Region 13, after being signed
by the Respondent's authorized representative,
shall be posted by the Respondent immediately
upon receipt 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 Respondent
to ensure that the notices are not altered, defaced,
or covered by any other material.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps 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
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain with Internation-
al Union of Electronic, Electrical, Salaried, Ma-
chine and Furniture Workers, AFL-CIO Furniture
Workers Division-Local 18-B, as the exclusive rep-
resentative of the employees in the bargaining unit.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise 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 bargaining unit:
All regular full-time and regular part-time pro-
duction, maintenance, and tool room employ-
ees employed by the Employer at its facility
now located at 9234 Park Lane, Franklin Park,
Illinois; but excluding all office employees,
guards, and supervisors as defined in the Act.
PRECISE CASTINGS, INC.