Precsion Fabricators, Inc.

National Labor Relations Board - Board Decisions

Aug 24, 1979

244 N.L.R.B. 624 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Precision Fabricators, Inc. and Shopmen's Local
Union No. 455, International Association of Bridge,
Structural and Ornamental Ironworkers, AFL-
CIO. Case 29 CA 6157
August 24, 1979
SUPPLEMENTAL DECISION AND ORDER
On November 21, 1978, the National Labor Rela-
tions Board issued a Decision and Order' in the
above-entitled proceeding, finding that Respondent
had engaged in and was engaging in certain unfair
labor practices in violation of Section 8(a)(5) and (1)
and Section 2(6) and (7) of the National Labor Rela-
tions Act, as amended, and ordering Respondent to
cease and desist therefrom and take certain affirma-
tive action to remedy such unfair labor practices.
In the underlying Decision and Certification of
Representative 2 the Board, Members Penello and
Murphy, with Members Jenkins dissenting in part,
overruled Respondent's objections to an election held
on March 11, 1977, and in so doing affirmed the Re-
gional Director's application of Shopping Kart Food
Market, Inc., 228 NLRB 1311 (1977), to Respon-
dent's Objections 1, 2, and 3, which were based on
alleged misrepresentations. On December 6, 1978, the
Board issued General Knit of California, 239 NLRB
619, which reversed Shopping Kart and reaffirmed the
criteria set forth in Hollywood Ceramics Company,
Inc., 140 NLRB 221 (1962), for determining the valid-
ity of objections based on alleged misrepresentations.
Thereafter, the Board decided, sua sponte, to recon-
sider the Decision and Order herein, in light of Gen-
eral Knit of California, and by letter dated May 7,
1979, so notified the parties. The Union filed a state-
ment in support of its position that the Board should
reaffirm its initial Decision and Order.
Members Penello and Murphy have reconsidered
the entire record in this proceeding and adhere to
their position taken in the underlying representation
case that Respondent's objections were without merit
and specifically that the alleged misrepresentations in
Objections 1, 2, and 3, even if established, did not
under Shopping Kart, supra, warrant setting aside the
election. Chairman Fanning and Member Truesdale
have considered the entire record, including that in
the underlying representation case,3 and agree with
'239 NLRB 415 (1978).
2233 NLRB 1404 (1977).
3 Case 29-RC 3687: see fn. I of the initial Decision and Order.
Members Penello and Murphy that all of Respon-
dent's objections are without merit. In reaching this
result, they find that, under the standards of Holvy-
wood Ceramics, supra, Objections 1, 2, and 3 do not
require either that the election be set aside or that a
hearing be held, for they are of the opinion that, as
found by the Regional Director in his Report on Ob-
jections, insufficient evidence was presented to estab-
lish that the Union engaged in any misrepresentations
objectionable under the standards of that case, or to
require that a hearing be held to determine if any
such misrepresentations were in fact made.
In view of the foregoing, the Board concludes that
under either the standards of Shopping Karlt. upra,
adhered to by Members Penello and Murphy, or the
standards of Hollywood Ceramics, adhered to by
Chairman Fanning and Member Truesdale. Respon-
dent's objections are without merit; that the Union
was properly certified as the representative of the unit
employees; that Respondent's failure and refusal to
recognize and bargain with the Union violated the
Act as alleged; and that the General Counsel's Mo-
tion for Summary Judgment was properly granted.
Accordingly, the Board reaffirms the initial Decision
and Order in this case and shall order that Respon-
dent comply with the provisions of that Order.
ORDER
It is hereby ordered that the Respondent, Precision
Fabricators, Inc., Garden City Park, New York, take
that action ordered in, and otherwise comply with the
provisions of, the Order in this proceeding issued on
November 21, 1978, reported at 239 NLRB 415.
MEMBER JENKINS. dissenting:
For the reasons set forth in my partial dissent in
the Board's Decision in the underlying representation
proceeding reported at 233 NLRB 1404, would find
that, under the standards of Hollywood Ceramics
Company, Inc., 140 NLRB 221, Respondent's Objec-
tion I raised matters requiring a hearing on that ob-
jection. In doing so, I believe that Chairman Fanning
and Member Truesdale, the other members of the
General Knit of California majority, err in failing to so
find. In any event, in view of a majority of the Board
having returned to the standards of Hollywood Ce-
ramics, Inc., in the General Knit of California Deci-
sion, I would now deny the Motion for Summary
Judgment, dismiss the complaint, and order that a
hearing be held on Respondent's Objection I in the
underlying representation proceeding.
244 NLRB No. 94
624