R & H Masonry Supply, Inc.,

National Labor Relations Board - Board Decisions

Sep 30, 1981

258 N.L.R.B. 1220 (N.L.R.B. 1981)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
R & H Masonry Supply, Inc. and General Team-
sters, Warehousemen and Helpers Union Local
890, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America. Case 32-CA-530
September 30, 1981
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
On September 29, 1978, the National Labor Re-
lations Board issued its Decision and Order in the
above-entitled proceeding' finding that Respondent
R & H Masonry Supply, Inc., violated Section
8(a)(5), (3), and (1) of the National Labor Relations
Act, as amended. On September 17, 1980, follow-
ing the Board's petition for enforcement of the
aforesaid Order, the United States Court of Ap-
peals for the Ninth Circuit issued its decision, en-
forcing in part the Board's Order, but remanding to
the Board that portion of the Order requiring Re-
spondent to reestablish its trucking operation and
to reinstate certain discharged employees. On Oc-
tober 27, 1980, the court issued its judgment in
conformity with its decision. Following the Board's
acceptance of the court's remand, the Board issued
its Supplemental Decision and Order2 on March 5,
1981, in which it, inter alia, eliminated the require-
ment that Respondent reestablish its trucking oper-
ation. Thereafter, on July 21, 1981, counsel for the
General Counsel filed a motion to amend the
Board's Supplemental Order to delete from the
notice to employees certain language that had pre-
viously been contained in the Board's original
notice and enforced by the Ninth Circuit's judg-
ment. The General Counsel asserts that the repet-
itive language is unnecessary and is not warranted
in light of the limited scope of the court's remand.
No response has been filed.
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.
Having considered the General Counsel's
motion, and upon reexamination of the court's and
Board's actions in connection with this case, the
Board agrees that the Supplemental Order should
be modified to reflect only those issues within the
scope of the court's remand.
' 238 NlRB 1044.
2 254 NLRB I082.
258 NLRB No. 163
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent, R
& H Masonry Supply, Inc., Salinas, California, its
officers, agents, successors, and assigns, shall take
the action set forth in the Supplemental Order, as
modified below:
1. Delete paragraphs l(a), (b), (c), (d), (e), (f),
and (g).
2. Delete paragraphs 2(a) and (b), substitute the
following paragraph for paragraph 2(c), and re-
number the remaining paragraphs accordingly:
"(a) Upon request, recognize and bargain with
General Teamsters, Warehousemen and Helpers
Union Local 890, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, as the exclusive collective-bargaining
representative of its employees in the following ap-
propriate unit, including bargaining about its deci-
sion to close the trucking operation and the effects
of the closure on the employees, and, if an under-
standing is reached, embody such understanding in
a signed agreement:
"Truckdrivers, forklift drivers, over-the-road
drivers, yardmen, helpers, maintenance me-
chanics employed by Respondent at its Salinas,
California, facility; excluding supervisions,
office clerical employees, and guards as de-
fined in the Act."
3. Substitute the attached notice for the one set
forth in the Supplemental Decision and Order.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL make whole Rory Ross, Joseph
Lippe, Gary Castro, and Paul Marquez, who
were discharged on August 12, 1977, as a
result of the termination of our trucking oper-
ation, for any loss of pay resulting from their
discriminatory discharge, plus interest. Back-
pay will run from the date of discharge until
such time as the aforesaid employees secure,
or did secure, substantially equivalent employ-
ment with other employers or, in the event we
reopen the trucking operation, until we offer
to reinstate them.
WE WI.L, in the event we reopen the truck-
ing operation, offer immediate and full rein-
statement to each of the aforesaid employees
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R & H MASONRY SUPI'LY. INC.
to his former position or, if such position no
longer exists, to a substantially equivalent posi-
tion, without prejudice to his seniority or any
other rights or privileges previously enjoyed.
Wi WILL, upon request, recognize and bar-
gain with General Teamsters, Warehousemen
and Helpers Union Local 890, International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, as the ex-
clusive collective-bargaining representative of
our employees in the following appropriate
unit, including bargaining about our decision
to close the trucking operation and the effects
of the closure upon our employees, and, if an
understanding is reached, WE WILL embody
such understanding in a signed agreement:
Truckdrivers, forklift drivers, over-the-road
drivers, yardmen, helpers, maintenance me-
chanics employed by Respondent at its Sali-
nas, California, facility; excluding supervi-
sions, office clerical employees, and guards
as defined in the Act.
Wie wil. treat the initial year of certifica-
tion as beginning on the date that we do the
things set forth in this notice.
R & H MASONRY SUPPLY, INC.
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