NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,436, PENNSYLVANIA GAS AND WATER COMPANY and LOCAL 2244, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

PENNSYLVANIA GAS AND WATER COMPANY and LOCAL 2244, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO.

314 NLRB No. 128.Case No. 3-CA-17574. August 18, 1994 Micheal O. Miller, Administrative Law Judge..

Before Gould, Browning and Cohen.

Robert L. Ellison, for General Counsel. David E. Koff and Cynthia Vullo (Koff, Wendolowski, Ferguson & Mangan, P.C.), Wilkes-Barre, Pennsylvania, for Respondent. Robert D. Mariani, Scranton, Pennsylvania, for Charging Party.

Elimination or Withholding of Benefits--Wage Increases--Voting in Union Election.--By withholding a wage increase from the employees in a collective bargaining unit who were scheduled to vote in a union representation election, an employer discriminated against them. Although the same increase was granted to other employees not involved in the union organizing campaign, the employer chose not to extend the same raise to unit employees, in an attempt to influence the outcome of the election. Section 8(a)(3).

Back reference: ¶3800.771.

From Text of Board’s Decision

The question presented here is whether the judge correctly found that the Respondent violated Section 8(a)(3) and (1) of the Act by denying a wage increase to a unit of employees who were scheduled to vote in a representation election. [1] The Board has considered the decision and record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, and conclusions and to adopt the recommended Order.