White Motor Corp.

National Labor Relations Board - Board Decisions

Mar 13, 1969

174 N.L.R.B. 1172 (N.L.R.B. 1969)

1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
White Superior Division , White Motor Corporation
and Herbert T. Baker , John E. Rightsell , Robert
F. Langen , Paul A. Mealy, Virgil A. Young, John
Yencho , Walter A . Levee, and James Malahy.
Cases 9-CA-3922-1 through 8
March 13, 1969
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
On February 7, 1967, the National Labor
Relations Board issued its Decision and Order in the
above-entitled proceeding,' finding that Respondent
violated Section 8(a)(3) and (1) of the Act by
subcontracting its guard work and transferring its
guard employees after the guards had sought
collective bargaining through a union which also
represented the production employees. Thereafter,
the Board filed a petition for enforcement of the
Order with the ,United States Court of Appeals for
the Sixth Circuit The court affirmed the Board's
finding and enforced all aspects of the Board's
Order except for the "Armed Services" notice,
which it remanded to the Board for reconsideration 2
As to that provision, the court noted:
While this may be a standard provision applicable
to most situations, this seems to us in this case as
unnecessary prejudgment that the guard unit will
endure for a matter of, perhaps, years. We believe
that both fairness and the appearance of fairness
will be advanced if the Board explicitly conditions
such a future right of reinstatement on the
continued existence of the guard unit. Not wishing
to draft any specific provision and for that
matter, not knowing whether any of the affected
employees are in the armed forces, we prefer to
remand the matter to the Board for
reconsideration in the light of these final
comments.'
The Board4 has reexamined the provision in
question and concludes that it is unnecessary and
should be deleted in view of the fact that all the
subject employees are between 57 and 63 years of
age and that none of them is in the Armed Forces
ORDER
Paragraphs 1 and 2 of the Board 's Order of
February 7, 1967, modifying the Trial Examiner's
Recommended Order are hereby deleted.
'162 NLRB 1496
'N L R B v White Superior Division . White Motor Corporation, 404
F 2d 1100 (CA 6)
'404 F 2d 1100, 1 104
'Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended , the National Labor Relations Board has
delegated is powers in connection with this case to a three - member panel
174 NLRB No. 171