360 NLRB No. 3
This opinion is subject to formal revision before publication in thebound volumes of NLRB decisions. Readers are requested to notify the Ex-ecutive Secretary, National Labor Relations Board, Washington, D.C.20570, of any typographical or other formal errors so that corrections canbe included in the bound volumes.
Corbel Installations, Inc.
CommunicationsWorkers of America, AFL–CIO and Local 1430,International Brotherhood of Electrical Work-ers, AFL–CIO, Party to the Contract.
Case 29– CA–090466September 19, 2013DECISION AND ORDER B
On May 15, 2013, Administrative Law Judge MindyE. Landow issued the attached decision. The ActingGeneral Counsel and the Charging Party each filed lim-ited exceptions, and the Charging Party filed a support-ing brief.The National Labor Relations Board has delegated itsauthority in this proceeding to a three-member panel.The Board has considered the decision and the recordin light of the exceptions and brief and has decidedtoaffirm the judge’s rulings, findings, and conclusions,
tomodify the remedy, and to adopt the recommended Order as modified and set forth in full below.
In addition to the remedies ordered by the judge, theActing General Counsel and Charging Party, Communi-cations Workers of America, AFL–CIO (the Union),request that the Board extend the certification year andamend the Union’s certification. We find merit in bothrequests.Generally, following Board certification, a union’s ma- jority status is conclusively presumed for 1 year.
Mar- Jac Poultry Co.
, 136 NLRB 785, 786 (1962). Where theemployer has frustrated the union’s right to good-faith bargaining during that initial certification year, the Boardhas exercised its discretion to extend the certificationyear to ensure at least 1 year of good-faith bargaining.See
Northwest Graphics, Inc.
, 342 NLRB 1288, 1289– 1290 (2004), enfd. 156 Fed. Appx. 331 (D.C. Cir. 2005).The Acting General Counsel and the Union argue thatthe Board should extend the Union’s certification for a
No exceptions were filed to the violations found by the judge. TheActing General Counsel’s and the Union’s limited exceptions concernonly the judge’s recommended remedy.
We shall modify the judge’s recommended Order to be consistentwith our modifications to the remedy, the violations found by the judge,and the Board’s standard remedial language. We shall substitute a newnotice to conform to the Order as modified.
10-month period, and the Respondent has not opposedthis request.As the judge’s findings support the requested 10-month extension, we amend the remedy to provide for the extension. The Respondent acquired Falcon DataCom, Inc., the predecessor employer, in September 2012,less than 2 months after the Board’s July 31, 2012 certi-fication of the Union as the exclusive bargaining repre-sentative for a unit of Falcon’s employees. As the suc-cessor, the Respondent was obligated to recognize and bargain with the Union. Instead, the Respondent refusedto bargain with the Union, unlawfully recognized andentered into a contract with a different union, and at-tempted to coerce employees into accepting the other union. It was not until May 9, 2013—2-1/2 months be-fore the initial certification year would expire—that theRespondent finally began to bargain in good faith withthe Union.
The Respondent’s prior unlawful conduct,however, prevented bargaining and undermined the Un-ion until almost 10 months into the certification year. A10-month extension, measured from the end of the origi-nal certification year, would thus allow the Union the 1-year period of good-faith bargaining to which it is enti-tled.The Acting General Counsel and the Union also filedunopposed exceptions requesting that the Board amendthe July 31, 2012 certification of representative to reflectthe Respondent’s name because the judge found it to bethe successor employer. Because the judge did find theRespondent to be the successor and the request is unop- posed, we amend the certification of representative ac-cordingly. See
Miami Industrial Trucks, Inc.
, 221 NLRB1223, 1224–1225 (1975).ORDER The National Labor Relations Board orders that theRespondent, Corbel Installations, Inc., Mount Vernon, New York, its officers, agents, successors, and assigns,shall1. Cease and desist from(a) Failingand refusing to recognize and bargain withCommunications Workers of America, AFL–CIO(CWA), as the exclusive collective-bargaining repre-sentative of the employees in the bargaining unit.(b) Changing the terms and conditions of employmentof its unit employees without first notifying the CWAand giving it an opportunity to bargain.(c) Recognizing and bargaining with Local 1430, In-ternational Brotherhood of Electrical Workers, AFL–CIO
The Respondent apparently commenced bargaining as part of astipulation approved bya Federal district court in 10(j) proceedingsinvolving this case.