NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,468, BITUMINOUS ROADWAYS OF COLORADO and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 13, AFL-CIO., (Aug. 31, 1994), National Labor Relations Board, (Aug 31, 1994)

BITUMINOUS ROADWAYS OF COLORADO and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 13, AFL-CIO.

314 NLRB No. 167.Case No. 27-CA-12224. August 31, 1994 William L. Schmidt, Administrative Law Judge..

Before Gould, Stephens and Devaney.

William J. Daly and Diane J. Munkel, for General Counsel. John L. Reiter, Mountain States Employers’ Council, Inc., Denver, Colorado, for Respondent. Frank L. Frauenfeld, Teamsters Joint Council No. 3, Denver, Colorado, for Charging Party.

Unilateral Changes by Employer--Work Conditions--Insurance and Wages.--By unilaterally implementing changes to an employee health plan and by granting raises, all without notifying or bargaining with a union, an employer violated its bargaining duty. Although the parties were negotiating for a new contract, there existed no impasse and the employer was still under a duty to make the union aware of proposed changes in employee working conditions. Section 8(a)(5).

Back reference: ¶3145.483.

Union Right to Information--Fact Finding--Failure to Furnish.--On the facts, an employer violated its bargaining duty by failing to timely furnish a union with accurate information regarding a wage increase granted to unit employees. Section 8(a)(5).

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, [1] and conclusions [2] and to adopt the recommended Order.

The Respondent has excepted to some of the judge’s credibility findings. The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. [19 LC ¶66,308] 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.

In adopting the judge’s conclusion that the Respondent violated Sec. 8(a)(5) and (1) of the Act by unilaterally discontinuing the dental and vision care insurance coverage, we rely specifically on his finding that the Respondent announced the termination to the Union and the employees in such a confusing way that the Union could reasonably have concluded it was a fait accompli, with no basis for bargaining. Therefore, the Union could not be said to have waived, by inaction, any opportunity to bargain. In view of that finding, we find it unnecessary to pass on the judge’s additional reasoning that the Respondent’s refusal to pay for such coverage after CCT discontinued it as part of the basic plan was tantamount to abrogating a statutory duty to maintain the status quo.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,468, BITUMINOUS ROADWAYS OF COLORADO and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 13, AFL-CIO., (Aug. 31, 1994), National Labor Relations Board, (Aug 31, 1994)

BITUMINOUS ROADWAYS OF COLORADO and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 13, AFL-CIO.

314 NLRB No. 167.Case No. 27-CA-12224. August 31, 1994 William L. Schmidt, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Back reference: ¶3145.483.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,468, BITUMINOUS ROADWAYS OF COLORADO and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 13, AFL-CIO., (Aug. 31, 1994), National Labor Relations Board, (Aug 31, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,468, BITUMINOUS ROADWAYS OF COLORADO and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 13, AFL-CIO., (Aug. 31, 1994), National Labor Relations Board, (Aug 31, 1994)

From Text of Board’s Decision

Footnotes