R & H Masonry Supply, Inc.,Download PDFNational Labor Relations Board - Board DecisionsSep 30, 1981258 N.L.R.B. 1220 (N.L.R.B. 1981) Copy Citation 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 1220 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. 1221 Copy with citationCopy as parenthetical citation