Westinghouse Electric Corp.

National Labor Relations Board - Board Decisions

Mar 16, 1972

195 N.L.R.B. 934 (N.L.R.B. 1972)

934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Westinghouse Electric Corporation and International
Brotherhood of Electrical Workers, AFL-CIO.
Case 6-CA-4806
March 16, 1972
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS FANNING
AND KENNEDY
On March 8, 1971, the Board issued its Decision and
Order in the above-entitled proceeding,' finding that
the Respondent had violated Section 8(a)(5) and (1) of
the Act by refusing to bargain concerning benefits for
retired employees. Thereafter, on motion of the Board,
the United States Court of Appeals for the District of
Columbia Circuit remanded the case to the Board for
further consideration in light of the decision of the
Supreme Court in Allied Chemical & Alkali Workers of
America, Local Union No. 1 v. Pittsburgh Plate Glass
Company, 404 U.S. 157, 92 S.Ct. 383.
188 NLRB No. 126 (Chairman Miller dissenting in relevant part).
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.
In Pittsburgh Plate Glass, the Supreme Court held
that retirees are not "employees" within the meaning
of the Act, and that an employer is not obligated to
bargain concerning the benefits paid to them.' In ac-
cord with this holding, we now find that Respondent
did not violate Section 8(a)(5) and (1) of the Act by its
aforesaid conduct. Therefore, we shall dismiss the com-
plaint.
ORDER
Pursuant to Section 10(c) of the National Labor Re-
lations Act, as amended, the National Labor Relations
Board hereby orders that the complaint herein be, and
it hereby is, dismissed in its entirety.
Cf. Bastian -Blessing, Division of Golconda Corporation, 194 NLRB
No. 95.
195 NLRB No. 169