Lawson-United Feldspar & Mineral Co., 350 (1971)

Lawson-United Feldspar & Mineral Co. and United Textile Workers of America, AFL-CIO. Cases 11-CA-3848 and 11-CA-3960

March 26, 1971 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS BROWN

AND JENKINS

On August 7, 1970, Trial Examiner Alvin Lieberman issued his Decision in the above-entitled proceeding, finding that Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. He also found that Respondent had not engaged in certain other unfair labor practices alleged in the complaint.

Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board had delegated its powers in connection with this case to a three-member panel.

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner except as modified below.

The Trial Examiner found that the Respondent violated Section 8(a)(5) of the Act by unilaterally removing two soft drink vending machines from the plant. We do not agree. Although this action was taken without prior consulatation with the Union, the record shows that the Respondent removed the machines because there was a littering problem involving the soft drink bottles, and there is no showing that the removal of the machines had a real impact on the employees or their working conditions.' Furthermore, the Respondent warned the employees in advance that the machines would be removed if the littering continued, and there is no evidence that the Union ever sought to bargain on this issue. Accordingly, we conclude that the General Counsel has failed to sustain the burden of proof in establishing this as a violation, and we shall dismiss the complaint in this respect.

I Cf. Weston and Brooker Company, 154 NLRB 747, 749, enfd. 373 F 2d 741 (CA 4), relied on by the Trial Examiner , wherein the employer's closing of a canteen was not only unilateral in nature but resulted in the abolishment of an employee's job and the unlawful discharge of that employee.

189 NLRB No. 43 ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the Recommended Order of the Trial Examiner and hereby orders that the Respondent, Lawson-United Feldspar & Mineral Co., Spruce Pine, North Carolina, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Recommended Order, with the following modifications:

1. Delete paragraph 1(b) and redesignate paragraph 1(c) as paragraph 1(b).

2. Delete paragraph 2(d) and redesignate paragraphs 2(e) and 2(f) as paragraphs 2(d) and 2(e), respectively.

3. In footnote 65 of the Trial Examiner's Decision, substitute '20' for '10' days.

4. Substitute the attached Appendix for the Trial Examiner's Appendix.

APPENDIX

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government AFTER A TRIAL IN WHICH ALL PARTIES HAD THE

OPPORTUNITY TO PRESENT THEIR EVIDENCE, THE NATIONAL LABOR RELATIONS BORAD HAS FOUND THAT

WE VIOLATED THE LAW AND HAS ORDERED US TO POST

THIS NOTICE, AND WE INTEND TO CARRY OUT THE ORDER OT THE BOARD AND ABIDE BY THE FOLLOWING:

WE WILL NOT discourage you from being or becoming members of UNITED TEXTILE WORKERS OF AMERICA or any other union.

WE WILL NOT discharge you if you go out on strike against us. If we hire somebody to do your work while you are on strike and at the end of the strike you tell us that you want to come back to work,

WE WILL give you back you job when the person we hired in your place quits or is fired, unless you have gotten the same kind of work elsewhere.

Because it was found that we did not do this after the strike which was called in July 1969,

WE WILL offer to put all the replaced strikers back to work at their old jobs and pay them for any wages they lost becuase we did not put them back to work when the persons we hired to take their places stopped working for us.

WE WILL NOT in any way interfere with, restrain,

LAWSON-UNITED FELDSPAR 351 or coerce you in the exercise of any rights quaranteed to you by the National Labor Relations Act. In this connection, WE WILL respect your rights to self-organization, to form, join, or assist any union, to bargain collectively through any union or representative of your choice as to wages, hours of w...

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