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360 NLRB 3

360 NLRB 3

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29-CA-090466 - Corbel Installations, Inc.
29-CA-090466 - Corbel Installations, Inc.

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05/30/2014

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360 NLRB No. 3
 NOTICE:
 
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.
and 
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
Y
C
HAIRMAN
P
EARCE AND
M
EMBERS
H
IROZAWAAND
J
OHNSON
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,
1
tomodify the remedy, and to adopt the recommended Order as modified and set forth in full below.
2
A
MENDED
EMEDY
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
1
 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.
2
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.
3
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
 
3
The Respondent apparently commenced bargaining as part of astipulation approved bya Federal district court in 10(j) proceedingsinvolving this case.
 
2
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(Local 1430), as the collective-bargaining representativeof its unit employees, unless and until Local 1430 is cer-tified by the National Labor Relations Board as their exclusive collective-bargaining representative.(d) Giving effect to or enforcing the September 1,2012 collective-bargaining agreement that it executedwithLocal 1430, or to any extension, renewal, or modifi-cation of the agreement; provided, however, that nothingin this Order shall authorize or require the withdrawal or elimination of any wage increase, or other improved ben-efits or terms and conditions of employment, that mayhave been implemented pursuant to the performance of the above collective-bargaining agreement.(e) Deducting dues for Local 1430 from the compensa-tion of employees who have not authorized such deduc-tions.(f) Telling or directing employees or applicants for employment, as a condition of employment, to sign cardsauthorizing Local 1430 to represent them.(g) Telling employees that they will not receive bene-fits if they do not sign union authorization cards in sup- port of Local 1430.(h) Delaying in hiring employees because of their sup- port for the CWA.(i) In any like or related manner interfering with, re-straining, or coercing employees in the exercise of therights guaranteed them by Section 7 of the Act.2. Take the following affirmative action necessary toeffectuate the policies of the Act.(a) Recognize and, on request, bargain with the CWAas the exclusive collective-bargaining representative of the employees in the following unit concerning terms andconditions of employment and, if an understanding isreached, embody the understanding in a signed agree-ment.All full and part time technicians, warehouse workersand dispatchers employed by Corbel Installations, Inc.at or out of its facility at 2400 East 69th Street, Brook-lyn, NY, excluding all managerial employees, guardsand supervisors as defined under the Act.(b) Withdraw and withhold all recognition from Local1430 as the collective-bargaining representative of itsunit employees, unless and until Local 1430 has beencertified by the National Labor Relations Board as their exclusive collective-bargaining representative.(c) Refrain from applying the terms and conditions of employment of the September 1, 2012 collective- bargaining agreement with Local 1430 and, at the requestof the CWA, rescind any or all departures from the termsand conditions of employment that existed prior to theagreement.(d) Make unit employees whole for all initiation fees,dues, and other moneys paid by them or withheld fromthem pursuant to the September 1, 2012 collective- bargaining agreement with Local 1430 in the manner setforth in the remedy section of the judge’s decision.(e) Make Kirk Collins whole for any loss of earningsand other benefits suffered as a result of the discrimina-tion against him in the manner set forth in the remedysection of the judge’s decision.(f) Compensate Kirk Collins for the adverse tax conse-quences, if any, of receiving a lump-sum backpay award,and file a report with the Social Security Administrationallocating the backpay award to the appropriate calendar quarters.(g) Preserve and, within 14 days of a request, or suchadditional time as the Regional Director may allow for good cause shown, provide at a reasonable place desig-nated by the Board or its agents all payroll records, socialsecurity payment records, timecards, personnel recordsand reports, and all other records, including an electroniccopy of such records if stored in electronic form, neces-sary to analyze the amount of backpay or other sums dueunderthe terms of this Order.(h) Within 14 days after service by the Region, post atits facility in Brooklyn, New York, copies of the attachednotice marked “Appendix.”
4
Copies of the notice, onforms provided by the Regional Director for Region 29,after being signed by the Respondent’s authorized repre-sentative, shall be posted by the Respondent and main-tained for 60 consecutive days in conspicuous places,including all places where notices to employees are cus-tomarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, suchas by email, posting on an intranet or internet site, and/or other electronic means, if the Respondent customarilycommunicates with its employees by such means. Rea-sonable steps shall be taken by the Respondent to ensurethat the notices are not altered, defaced, or covered byany other material. If the Respondent has gone out of  business or closed the facility involved in these proceed-ings, the Respondent shall duplicate and mail, at its ownexpense, a copy of the notice to all current employeesand former employees employed by the Respondent atany time since September 25, 2012.(i) Within 21 days after service by the Region, filewith the Regional Director for Region 29 a sworn certifi-cation of a responsible official on a form provided by the
4
If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading “Posted by Order of the Na-tional Labor Relations Board” shall read “Posted Pursuant to a Judg-ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.”
 
3
CORBEL INSTALLATIONS
,
INC
.Region attesting to the steps that the Respondent hastaken to comply.I
T IS FURTHER ORDERED
that the period of certificationand recognition of the CWA as the exclusive collective- bargaining representative of the unit employees is ex-tended for a 10-month period beginning July 31, 2013, asif the initial year of certification had not expired.I
T IS FURTHER ORDERED
that the complaint is dismissedinsofar as it alleges violations of the Act not specificallyfound.Dated, Washington, D.C. September 19, 2013 ______________________________________ Mark Gaston Pearce, Chairman ______________________________________ Kent Y. Hirozawa,Membe ______________________________________ Harry I. Johnson, III,Membe(
SEAL
) N
ATIONAL
L
ABOR 
ELATIONS
B
OARD
APPENDIX N
OTICE
T
O
E
MPLOYEES
P
OSTED BY
O
RDER OF THE
 N
ATIONAL
L
ABOR 
ELATIONS
B
OARD
An Agency of the United States GovernmentThe National Labor Relations Board has found that we vio-lated Federal labor law and has ordered us to post and obeythis notice.FEDERAL LAW GIVES YOU THE RIGHT TOForm, join, or assist a unionChoose representatives to bargain with us onyour behalf Act together with other employees for your bene-fitand protectionChoose not to engage in any of these protectedactivities.W
E WILL NOT
fail or refuse to recognize and bargainwith Communications Workers of America, AFL–CIO(CWA), as the exclusive collective-bargaining repre-sentative of the employees inthe bargaining unit.W
E WILL NOT
change your terms and conditions of employment without first notifying the CWA and givingit an opportunity to bargain.W
E WILL NOT
recognize and bargain with Local 1430,International Brotherhood of Electrical Workers, AFL– CIO (Local 1430), as the collective-bargaining repre-sentative of our unit employees, unless and until Local1430 is certified by the National Labor Relations Boardas the employees’ exclusive collective-bargaining repre-sentative.W
E WILL NOT
give effect to or enforce the September 1, 2012 collective-bargaining agreement that we execut-ed with Local 1430, or to any extension, renewal, or modification of the agreement; but the Board’s Order does not authorize or require us to withdraw or eliminateany wage increase, or other improved benefits or termsand conditions of employment, that we may have imple-mented in applying the Local 1430 collective-bargainingagreement.W
E WILL NOT
deduct dues for Local 1430 from the payof employees who have not authorized such deductions.W
E WILL NOT
tell or direct employees or applicants for employment, as a condition of employment, to sign cardsauthorizing Local 1430 to represent them.W
E WILL NOT
tell employees that they will not receive benefits if they do not sign union authorization cards insupport of Local 1430.W
E WILL NOT
delay in hiring employees because of their support for the CWA.W
E WILL NOT
in any like or related manner interferewith, restrain, or coerce employees in the exercise of therights listed above.W
EWILL
recognize and, on request, bargain with theCWA as the exclusive collective-bargaining representa-tive of the employees in the following unit concerningterms and conditions of employment and, if an under-standing is reached,
WE WILL
embody the understandingin a signed agreement.All full and part time technicians, warehouse workersand dispatchers employed by Corbel Installations, Inc.at or out of its facility at 2400 East 69th Street, Brook-lyn, NY, excluding all managerial employees, guardsand supervisors as defined under the Act.W
E WILL
withdraw and withhold all recognition fromLocal 1430 as the collective-bargaining representative of our unit employees, unless and until Local 1430 has beencertified by the National Labor Relations Board as theemployees’ exclusive collective-bargaining representa-tive.W
E WILL
refrain from applying the terms and condi-tions of employment of the September 1, 2012 collec-tive-bargaining agreement with Local 1430 and, at therequest of the CWA,
WE WILL
rescind any orall changesto the terms and conditions of employment that existed prior to the agreement.

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