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02/20/2004
by Ross Runkel at LawMemo
NLRB Law Memo 02/20/2004
by LawMemo.Com
- First in Employment Law
McGuire Plumbing and Heating, Inc. (17-CA-19698-1, -2; 341 NLRB No. 29) Springfield, MO Feb. 12, 2004.
The Board adopted the administrative law judge's recommended order that the Respondent pay Robert Vance a/k/a Bobby Gene Vance the sum of $41,944.17 and Dale Hankins the sum of $8,221.09 plus interest and minus tax withholdings required by Federal and State laws. On March 6, 2002, the U.S. Court of Appeals for the Eighth Circuit enforced the Board's order finding that the Respondent unlawfully discriminated against Vance and Hankins in violation of Section 8(a)(1) and (3) of the Act.
(Chairman Battista and Members Liebman and Meisburg participated.)
Hearing at Springfield on Oct. 1, 2002. Adm. Law Judge Thomas M. Patton issued his supplemental decision March 4, 2003.
***
Reigel Electric and Central Electric Services (Alter Ego and/or Successor) (30-CA-15265; 341 NLRB No. 3) Appleton, WI Feb. 11, 2004.
The Board adopted the administrative law judge's finding that by unnecessarily delaying its response to the Electrical Workers Local 577's August 3, 2000 information request concerning the relationship, if any between Reigel Electric and Central Electric Services, and by providing incomplete information, Reigel violated Section 8(a)(5) and (1) of the Act.
In view of the Respondent's closure, the Board modified the Order to require that the Respondent mail the notice to employees rather than post it at its facility.
(Members Liebman, Schaumber, and Meisburg participated.)
Charge filed by Electrical Workers IBEW Local 577; complaint alleged violation of Section 8(a)(1), (3), and (5). Hearing at Milwaukee, Jan. 29-31, 2001. Adm. Law Judge Irwin H. Socoloff issued his decision Aug. 31, 2001.
***
U-Haul Co. of Nevada, Inc. (28-RC-6159; 341 NLRB No. 26) Las Vegas and Henderson, NV Feb. 9, 2004.
Affirming the hearing officer's recommendations, the Board overruled the Employer's Objections 1, 2, and 4 and certified Machinists Local 845 as the exclusive collective-bargaining representative of the employees in the appropriate unit. The tally of ballots showed 47 for and 25 against, the Union, with 5 challenged ballots, an insufficient number to affect the results of the election.
Objection 1 alleged that the Union engaged in objectionable conduct under NLRB v. Savair Mfg. Co., 414 U.S. 270 (1973), by making a preelection offer to employees to waive initiation fees. The Board agreed with the hearing officer that the union documents clearly stated that the waiver would apply to all employees, not simply those who signed a union authorization card before the election. It also agreed with the hearing officer, with respect to Objection 2, that the Union's document "guarantee[ing] it is illegal for the company to close or threaten to close the plant" if the Union won the election did not amount to objectionable misrepresentation.
The Employer's Objection 4 alleged that union representatives engaged in objectionable electioneering when union observer Shaun Saunders gave a "thumbs up" and smiles to certain voters and when Union Representative London was observed near the parking lot during the election. The Board found that Saunders' "thumbs up" gesture was unaccompanied by any verbal exchange and could not reasonably be understood to convey any particular meaning. In concluding that London did not engage in any objectionable conduct, the Board agreed with the hearing officer that employees inside the building were unable to see London without straining and the voters could not see London from the polling area.
(Chairman Battista and Members Liebman and Schaumber participated.)
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