NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,507, QUIK PARK GARAGE CORPORATION and GARAGE EMPLOYEES UNION, LOCAL 272, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

QUIK PARK GARAGE CORPORATION and GARAGE EMPLOYEES UNION, LOCAL 272, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 20.Case No. 2-CA-25749. September 30, 1994 D. Barry Morris, Administrative Law Judge..

Before Gould, Stephens and Browning.

Terry A. Morgan, for General Counsel. Hugh M. Heller (Fischbein, Badillo, Wagner & Itzler), New York, New York, for Respondent. Bruce J. Cooper (Dublirer, Haydon, Straci & Victor), New York, New York, for Charging Party.

Impasse--Unilateral Changes--Refusal to Negotiate.--By declaring a premature impasse and, thereafter, implementing unilateral changes in employee terms and conditions of employment without notice to a union, an employer violated its bargaining duty. The employer refused to respond to the union’s request to conduct negotiations for a renewal contract and implemented the changes before the union had an opportunity to bargain over them. Section 8(a)(5).

Back reference: ¶3143.211.

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 (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 its exceptions, the Respondent contends, inter alia, that even if it violated Sec. 8(a)(5) and (1) of the Act by unilaterally reducing wages and benefits in April 1992, the Union subsequently refused to bargain with the Respondent and therefore the judge’s make-whole remedy should be modified to find that the backpay period ends when the Union refused to bargain. We express no view on the merits of the Respondent’s contention and instead leave this matter for resolution at the compliance stage of this proceeding.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,507, QUIK PARK GARAGE CORPORATION and GARAGE EMPLOYEES UNION, LOCAL 272, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

QUIK PARK GARAGE CORPORATION and GARAGE EMPLOYEES UNION, LOCAL 272, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 20.Case No. 2-CA-25749. September 30, 1994 D. Barry Morris, Administrative Law Judge..

Before Gould, Stephens and Browning.

Back reference: ¶3143.211.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,507, QUIK PARK GARAGE CORPORATION and GARAGE EMPLOYEES UNION, LOCAL 272, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,507, QUIK PARK GARAGE CORPORATION and GARAGE EMPLOYEES UNION, LOCAL 272, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

From Text of Board’s Decision

Footnotes