Medin Realty Corp, 497 (1992)

Medin Realty Corp. c/o Martin Meyer; 1466 Holding Ltd.; 1944 Holding Ltd.; 1163 Holding Ltd.; 2395 Holding Ltd.; and 1113 Holding Ltd. and Service Employees International Union, Local 32E, AFL-CIO and Stationary Engineers, Firemen, Maintenance and Building Service Union, RWDSU, Local 670, Party in Interest. Case 2-CA-23854

May 13, 1992

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT

On August 7 and September 17, 1991, Administrative Law Judge Joel P. Biblowitz issued, respectively, the attached decision and supplemental decision. The Respondents and Stationary Engineers Local 670 each filed exceptions and supporting briefs. The General Counsel filed exceptions, a supporting brief, and an answering brief.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decisions and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and con-

clusions,2 and to adopt the recommended Order, as modified.3

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondents, Medin Realty Corp. c/o Martin Meyer; 1466 Holding Ltd.; 1944 Holding Ltd.; 1163 Holding Ltd.; 2395 Holding Ltd.; and 1113 Holding Ltd., Bronx, New York, their officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

1. Substitute the following for paragraph 1(a).

''(a) Giving effect to the July 17, 18, and 19 collective-bargaining agreements they entered into with Local 670 for these employees, or any renewal, extension, or modification of such agreements, unless and until Local 670 has been certified by the Board as the exclusive bargaining representative of such employees in an appropriate bargaining unit; provided, however, that nothing contained herein shall be construed as requiring the Respondents to abandon or vary any wage, hour, seniority, or other substantive terms of employment which they may have established in the performance of the contracts.''

2. Substitute the attached notice for that of the administrative law judge.

APPENDIX

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government

The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post an abide by this notice.

WE WILL NOT recognize or bargain with Stationary Engineers, Firemen, Maintenance and Building Service Union, RWDSU, Local 670 as the collective-bargaining representative of the employees at our buildings until Local 670 has been certified by the National Labor Relations Board as the representative of such employees.

1 The Respondents and Local 670 have excepted to...

If you are already a vLex customer, Access Here