Sawyer Lumber Co.

National Labor Relations Board - Board Decisions

Jan 15, 1999

327 N.L.R.B. 83 (N.L.R.B. 1999)

327 NLRB No. 83
NOTICE: This opinion is subject to formal revision before publication in
the Board volumes of NLRB decisions. Readers are requested to no-
tify the Executive Secretary, National Labor Relations Board, Wash-
ington, D.C. 20570, of any typographical or other formal errors so
that corrections can be included in the bound volumes.
Sawyer Lumber Co., L.L.C. and PACE, Paper,
Allied-Industrial, Chemical and Energy
Workers International Union, AFL–CIO.1
Case 30-CA-14487
January 15, 1999
DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
Pursuant to a charge filed on October 28, 1998, the
General Counsel of the National Labor Relations
Board issued a complaint on November 20, 1998,
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 and to
furnish necessary and relevant information following
the Union’s certification in Case 30–RC–5981,2 (Of-
ficial notice is taken of the “record” in the represen-
tation proceeding as defined in the Board’s Rules and
Regulations, Secs. 102.68 and 102.69(g); Frontier
Hotel, 265 NLRB 343 (1982).) The Respondent filed
an answer admitting in part and denying in part the
allegations in the complaint and asserting an affirma-
tive defense.
On December 14, 1998, the General Counsel filed
a Motion for Summary Judgment. On December 17,
1998, the Board issued an order transferring the pro-
ceeding to the Board and a Notice to Show Cause
why the motion should not be granted. The Respon-
dent filed a response.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Ruling on Motion for Summary Judgment
In its answer, the Respondent admits that it has re-
fused to schedule meeting dates and times for nego-
tiations and that it has refused to furnish requested
information to the Union, but attacks the validity of
the certification on the basis of its objections to con-
duct alleged to have affected the results of the elec-
tion in the representation proceeding.
All representation issues raised by the Respondent
were or could have been litigated in the prior repre-
sentation proceeding. The Respondent does not offer
to adduce at a hearing any newly discovered and pre-
viously unavailable evidence, nor does it allege any
special circumstances that would require the Board to

1 On January 4, 1999, the United Paperworkers International Un-
ion, AFL–CIO, CLC merged with the Oil, Chemical and Atomic
Workers International Union. Accordingly, the caption has been
amended to reflect that change.
2 326 NLRB No. 137 (Sept. 30, 1998).
reexamine the decision made in the representation
proceeding. We therefore find that the Respondent
has not raised any representation issue that is prop-
erly litigable in this unfair labor practice proceeding.
See Pittsburgh Plate Glass Co. v. NLRB, 313 U.S.
146, 162 (1941).
We also find that there are no factual issues war-
ranting a hearing with respect to the Union’s request
for information. The Respondent’s answer admits
that by letter dated October 20, 1998, the Union re-
quested it to furnish it with the following informa-
tion:
(1) The names, pay rates, and current job held by
each hourly employee.
(2) Total hours worked in the preceding year by
each hourly employee.
(3) Total overtime hours paid to hourly employees
in the preceding year.
(4) A complete listing of all benefits received by
hourly employees, including but not limited to health
insurance, incentive plans, pensions, shift differential,
accident and sickness insurance, dental insurance, life
insurance, accidental death and dismemberment in-
surance, etc.
(5) The names of all insurance carriers and the total
cost in cents per hour for all insurance premiums and
other benefits listed above.
(6) Average age of all hourly employees.
(7) Total number of hourly employees working
swing shift.
(8) Total number of hourly employees working day
shift.
(9) Total number of male and female hourly em-
ployees.
The Respondent’s answer admits that it refused to
provide this information to the Union. Further, al-
though the Respondent’s answer denies that the in-
formation requested is necessary and relevant for the
Union’s duties as the exclusive bargaining represen-
tative of the unit employees, it is well established that
such information is presumptively relevant and must
be furnished on request. See, e.g., Masonic Hall, 261
NLRB 436 (1982); and Mobay Chemical Corp., 233
NLRB 109 (1997). The Respondent has not at-
tempted to rebut the relevance of the information
requested by the Union.
Accordingly, we grant the Motion for Summary
Judgment3 and will order the Respondent to recog-
nize and bargain with the Union and to furnish it the
information requested.
On the entire record, the Board makes the follow-
ing

3 The Respondent’s request to dismiss the complaint together with
the imposition of costs and attorneys’ fees is denied.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
FINDINGS OF FACT
I. JURISDICTION
During the calendar year that ended December 31,
1998, the Respondent, in conducting its operations,
sold and shipped goods valued in excess of $50,000
directly from its Gwinn, Michigan facility to points
located outside the State of Michigan. We find that
the Respondent is an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the
Act and that the Union is a labor organization within
the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held March 19, 1998, the
Union was certified on September 30, 1998, as the
exclusive collective-bargaining representative of the
employees in the following appropriate unit:
All full-time and regular part-time production and
maintenance employees employed by the Employer
at its [Gwinn], Michigan, facility; but excluding of-
fice employees, clerical employees, forestry staff
and scalers, quality control staff, professional em-
ployees, guards and supervisors, as defined in the
Act.
The Union continues to be the exclusive representative
under Section 9(a) of the Act.
B. Refusal to Bargain
By letter dated October 20, 1998, the Union re-
quested the Respondent to meet and bargain and to
furnish information, and, since October 23, 1998, the
Respondent has failed and refused. We find that this
failure and refusal constitutes an unlawful failure and
refusal to bargain in violation of Section 8(a)(5) and
(1) of the Act.
CONCLUSION OF LAW
By failing and refusing on and after October 23,
1998, to meet and bargain with the Union as the ex-
clusive collective-bargaining representative of em-
ployees in the appropriate unit and to furnish the
Union requested information, 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 meet and bargain on request with
the Union, and, if an understanding is reached, to
embody the understanding in a signed agreement.
We also shall order the Respondent to furnish the
Union the information requested.
To ensure that the employees are accorded the
services of their selected bargaining agent for the
period provided by the law, we shall construe the
initial 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, Sawyer Lumber Co., L.L.C., Gwinn,
Michigan, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Refusing to meet and bargain with PACE, Pa-
per, Allied-Industrial, Chemical and Energy Workers
International Union, AFL–CIO as the exclusive bar-
gaining representative of the employees in the bar-
gaining unit, and refusing to furnish the Union infor-
mation that is relevant and necessary to its role as the
exclusive bargaining representative of the unit em-
ployees.
(b) In any like or related manner interfering with,
restraining, 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) On request, meet and bargain with the Union as
the exclusive representative of the employees in the
following appropriate unit on terms and conditions of
employment, and, if an understanding is reached,
embody the understanding in a signed agreement:
All full-time and regular part-time production and
maintenance employees employed by the Employer
at its [Gwinn], Michigan, facility; but excluding of-
fice employees, clerical employees, forestry staff
and scalers, quality control staff, professional em-
ployees, guards and supervisors, as defined in the
Act.
(b) Furnish the Union the information that it re-
quested on October 20, 1998.
(c) Within 14 days after service by the Region, post
at its facility in Gwinn, Michigan, copies of the at-
tached notice marked “Appendix.”
4 Copies of the
notice, on forms provided by the Regional Director
for Region 30 after being signed by the Respondent’s

4 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
National 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.”
SAWYER LUMBER CO., L.L.C. 3
authorized representative, shall be posted by the Re-
spondent 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. In the event that, during the pendency
of these proceedings, the Respondent has gone out of
business or closed the facility involved in these pro-
ceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current
employees and former employees employed by the
Respondent at any time since October 23, 1998.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a
responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. January 15, 1999
Sarah M. Fox, Member
Wilma B. Liebman, Member
Peter J. Hurtgen, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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 or-
dered us to post and abide by this notice.
WE WILL NOT refuse to bargain with PACE, Paper,
Allied-Industrial, Chemical and Energy Workers In-
ternational Union, AFL–CIO as the exclusive repre-
sentative of the employees in the bargaining unit, and
WE WILL NOT refuse to furnish the Union information
that is relevant and necessary to its role as the exclu-
sive bargaining representative of the unit employees.
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, on request, meet and 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 full-time and regular part-time production and
maintenance employees employed by us at our
[Gwinn], Michigan, facility; but excluding office
employees, clerical employees, forestry staff and
scalers, quality control staff, professional employ-
ees, guards and supervisors, as defined in the Act.
WE WILL furnish the Union the information it re-
quested on October 20, 1998.
SAWYER LUMBER CO., L.L.C.