Wickes Corp.

National Labor Relations Board - Board Decisions

Feb 23, 1973

201 N.L.R.B. 1007 (N.L.R.B. 1973)

WICKES CORPORATION 1007
Wickes Corporation , Wickes Manufactured Housing
Division and International Union , United Automo-
bile, Aerospace and Agricultural Implement Work-
ers of America (UAW). Cases 7-CA-8795 and
7-CA-8795-2
February 23, 1973
ORDER MODIFYING DECISION AND
ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND PENELLO
On June 22 , 1972, the National Labor Relations
Board issued a Decision and Order ' in the above-
entitled proceeding , in which the Board adopted as
its Order the recommended Order of the Administra-
tive Law Judge 2 and ordered that the Respondent
take certain affirmative action designed to effectuate
the policies of the Act.
Subsequently, the Board was administratively
advised that the Regional Director conducted an
election on September 8, 1972, in Respondent 's plant
(Case 7-RC-10695), which resulted in the certifica-
tion on September 18, 1972, of the following labor
organizations known as Tri-Trades as the bargaining
representative of Respondent 's employees at its
Mason , Michigan , plant : International Brotherhood
of Carpenters and Joiners of America , AFL-CIO,
Local Union No . 1191; The United Association of
Journeymen and Apprentices of the Plumbing and
Pipe Fitting Industry of the United States and
Canada , AFL-CIO, Local Union No. 388 ; and the
International Brotherhood of Electrical Workers,
AFL-CIO, Local Union No. 665.
On November 15, 1972, the Board issued a Notice
To Show Cause as to what extent , if at all, the
Board 's Decision and Order herein should be
modified . General Counsel filed a response thereto.
The Board having duly considered the matter,
finds that the supervening certification of the above-
mentioned bargaining representative renders our
original Order in this case inappropriate . The Board
has therefore decided to substitute the attached
Order and appended notice for those appearing in its
original Decision and Order.
Accordingly, we hereby issue the following:
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent
Wickes Corporation, Wickes Manufactured Housing
Division , its officers , agents , successors , and assigns,
shall:
1. Cease and desist from:
(a) Interfering with , restraining , or coercing its
employees in the exercise of their Section 7 rights by
threatening discharge for exercising such rights or by
promulgating or enforcing an illegal no -solicitation
rule.
(b) Discouraging membership of its employees in
International Union , United Automobile , Aerospace
and Agricultural Implement Workers of America
(UAW), or any other labor organization by discrimi-
natorily discharging or reprimanding its employees
or in any other manner discriminating against them
in regard to their hire , tenure of employment, or any
term or condition of employment.
(c) Illegally contributing support to or assistance to
any labor organization by:
(1) Recognizing a labor organization as representa-
tive of its employees during a period when a rival
labor organization is also attempting to secure
recognition and has raised a genuine question
concerning representation unless and until an elec-
tion has been conducted by the National Labor
Relations Board determining that such labor organi-
zation is in fact the representative of a majority of
the employees concerned;
(2) Executing a collective-bargaining agreement
with a labor organization during a period when a
rival labor organization is also attempting to secure
recognition and has raised a genuine question
concerning representation unless and until an elec-
tion has been conducted by the National Labor
Relations Board determining that such organization
is in fact the representative of a majority of the
employees concerned.
(d) In any other manner interfering with , restrain-
ing, or coercing its employees in the exercise of their
right to self-organization , to bargain collectively
through representatives of their own choosing, or to
engage in concerted activities for the purposes of
collective bargaining or other mutual aid or protec-
tion, or to refrain from any or all such activities.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the Act:
(a) Reimburse employees for all initiation fees and
dues deducted from their pay on behalf of the
Brotherhood of Carpenters and Joiners of America,
AFL-CIO, Local Union No. 1191; United Associa-
tion of Journeymen and Apprentices of the Plumbing
and Pipe Fitting Industry of the United States and
Canada, AFL-CIO, Local Union No. 388; and
International Brotherhood of Electrical Workers,
AFL-CIO, Local Union No. 665; and United
1 197 NLRB No 128
Y The title of "Trial Examiner" was changed to "Administrative Law
Judge" effective August 19, 1972.
201 NLRB No. 136
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United
States and Canada, AFL-CIO, Local Union No. 388
(herein known as the Tri-Trades), prior to the
certification of that labor organization as representa-
tive of the employees concerned.
(b) Remove the reprimands dated June 29 and July
8, 1971, from the personnel file of Joseph Salvaggio.
(c) Preserve and, upon request , make available to
the Board or its agents , for examination and copying,
all payroll records , social sect, rity payment records,
timecards , personnel records and reports , and all
other records necessary to analyze the amount of
backpay due under the terms of this Order.
(d) Post at its plant at Mason, Michigan, the
attached notice marked "Appendix." 3 Copies of said
notice , on forms provided by the Regional Director
for Region 7, after being duly signed by Respon-
dent's authorized representative , shall be posted by
Respondent immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaf-
ter, in conspicuous places, including all places where
notices to employees are customarily posted . Reason-
able steps shall be taken by Respondent , to insure
that said notices are not altered , defaced, or covered
by any other material.
(e) Notify the Regional Director for Region 7, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
3 In the event that 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."
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT assist any labor organization by
according it recognition as representative of our
employees for the purposes of collective bargain-
ing during a period when a rival labor organiza-
tion is also attempting to secure recognition and
has raised a genuine question concerning repre-
sentation unless and until an election has been
conducted by the National Labor Relations
Board determining that such labor organization is
in fact the representative of a majority of our
employees.
WE WILL NOT execute a collective-bargaining
agreement with a labor organization during a
period when a rival labor organization is also
attempting to secure recognition and has raised a
genuine question concerning representation un-
less and until an election has been conducted by
the National Labor Relations Board determining
that such labor organization is in fact the
representative of a majority of our employees.
WE WILL NOT discourage membership in
International Union, United Automobile, Aero-
space and Agricultural Implement Workers of
America, (UAW), or any other labor organization
by discriminatorily discharging or reprimanding
our employees or in any other manner discrimi-
nating against them in regard to their hire, tenure
of employment, or any term or condition of
employment.
WE WILL NOT threaten discharge or other
reprisals for the wearing of the button of the
UAW or any other union.
WE WILL NOT promulgate or enforce an illegal
no-solicitation rule.
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of their right to self-organization, to
bargain collectively through representatives of
their own choosing, or to engage in concerted
activities for the purposes of collective bargaining
or other mutual aid or protection, or to refrain
from any or all such activities.
WE WILL reimburse all employees for all
initiation fees and dues deducted from their pay
on behalf of the United Brotherhood of Carpen-
ters and Joiners of America, AFL-CIO, Local
Union 1191; United Association of Journeymen
and Apprentices of the Plumbing and Pipe Fitting
Industry of the United States and Canada,
AFL-CIO, Local Union No. 388; and Interna-
tional Brotherhood of Electrical Workers,
AFL-CIO Local Union No. 665, in the period
prior to the certification of those labor organiza-
tions as the representative of our employees.
WE WILL remove the reprimands dated June 29
and July 8, 1971, from the personnel file of
Joseph Salvaggio.
All of our employees are free to become, or refrain
from becoming, members of International Union,
United Automobile, Aerospace and Agricultural
Implement Workers of America (UAW).
WICKES CORPORATION,
WICKES MANUFACTURED
HOUSING DIVISION
(Employer)
Dated By
(Representative) (Title)
WICKES CORPORATION 1009
This is an official notice and must not be defaced Any questions concerning this notice or compli-
by anyone. ance with its provisions may be directed to the
This notice must remain posted for 60 consecutive Board's Office, 500 Book Building, 1249 Washington
days from the date of posting and must not be Boulevard, Detroit, Michigan 48226, Telephone
altered, defaced, or covered by any other material. 313-226-3200.