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03/19/2004
by Ross Runkel at LawMemo
NLRB Law Memo 03/19/2004
by LawMemo.Com
- First in Employment Law
Midwest Precision Heating & Cooling, Inc., et al. (17-CA-20825; 341 NLRB No. 52) Kansas City, MO March 11, 2004.
The Board affirmed the administrative law judge's finding that Respondent Midwest Heating and Air Conditioning (Air Conditioning) was an alter ego of Respondent Midwest Precision Heating & Cooling (Precision). It upheld the judge in finding that the Respondents violated Section 8(a)(5) and (3) of the Act by discharging Precision's union-represented employees; violated Section 8(a)(3) by offering Precision's bargaining unit employees jobs with Air Conditioning on the condition that there would be no union or collective-bargaining agreement; and violated Section 8(a)(5) by repudiating the applicable agreement and refusing to bargain with Sheet Metal Workers Local 2.
Relying on First Class Maintenance Service, 289 NLRB 484 (1988) and Victor Valley Heating & Air Conditioning, 267 NLRB 1292 (1983), the Respondent challenged the judge's alter ego finding, arguing that the Respondents lack common ownership. The Board found both cases are distinguishable and agreed with the judge's finding that Air Conditioning was an alter ego of Precision. It noted, among others, that in First Class Maintenance and Victor Valley, the older businesses continued as separate, ongoing concerns, and there was no evidence that the new entities were set up to avoid the unions. In this case, the evidence supports a finding that Air Conditioning was established as a vehicle to replace Precision and continue the existing family business without the Union.
The Board found merit in the General Counsel's argument that the judge erroneously failed to find that the Respondent violated Section 8(a)(5) by dealing directly with bargaining unit employees and failed to provide make-whole relief for employees who performed bargaining unit work for Air Conditioning on and after March 1, 2000. The Board accordingly modified its order to correct the judge's inadvertent omissions.
(Chairman Battista and Members Liebman and Schaumber participated.)
Charge filed by Sheet Metal Workers Local 2; complaint alleged violation of Section 8(a)(1), (3), and (5). Hearing at Overland Park, June 19-21, 2001. Adm. Law Judge James L. Rose issued his decision Sept. 19, 2001.
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UAW-DaimlerChrysler National Training Center (7-CA-46187; 341 NLRB No. 51) Detroit, MI March 9, 2004.
The Board adopted the administrative law judge's finding that Respondent violated Section 8(a)(5) and (1) of the Act by permanently laying off Glenn "Alex" Winnie on April 11, 2003, without prior notice to and without affording Office Employees Local 512 an opportunity to bargain with Respondent regarding the layoff and its effects on the bargaining unit.
(Members Schaumber, Walsh, and Meisburg participated.)
Charge filed by Office Employees Local 512; complaint alleged violation of Section 8(a)(1) and (5). Hearing in Detroit on October 1, 2003. Adm. Law Judge Arthur J. Amchan issued his decision Dec. 4, 2003.
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