NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,526, YOUR HOST, INC. and HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL 4, AFL-CIO., (Oct. 06, 1994), National Labor Relations Board, (Oct 6, 1994)

YOUR HOST, INC. and HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL 4, AFL-CIO.

315 NLRB No. 40.Case Nos. 3-CA-17744 and -17943. October 6, 1994 Eleanor MacDonald, Administrative Law Judge..

Before Gould, Stephens and Browning.

Rafael Aybar, for General Counsel. James R. Mayer, Kenmore, New York, for Debtor Corporation Respondents. Mark S. Wallach (Penney, Maier, Mandel, Wallach & Crowe), Buffalo, New York, for Trustee in Bankruptcy.

Unilateral Changes by Employer--Work Conditions--Closing and Fund Payments.--By unilaterally closing its facility, terminating all of its employees and failing to remit benefit payments to a union welfare fund, an employer violated its bargaining duty. The employer failed to give the union, as the employees’ representative, notice of the changes and an opportunity to bargain in advance over them. Although a fire caused a partial closure of its facility, it was clear that the fire was not the cause of the plant’s closing. At the time the fire occurred, the decision to close the plant had already been made. Thus, the fire did not create circumstances that excused the employer’s failure to provide the union with notice of closure and an opportunity to bargain over the effects of the closing. Section 8(a)(5).

Back reference: ¶3145.483.

From Text of Board’s Decision

On June 20, 1994, Administrative Law Judge Eleanor MacDonald issued the attached decision. The Respondents filed exceptions and a supporting brief. The General Counsel filed a cross-exception [1] and supporting brief, and an answering brief to the Respondents’ excxeptions.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

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, and conclusions and to adopt the recommended Order.

The General Counsel has excepted to the judge’s failure to find that a fire on Sher-Del’s premises on about March 23, 1993, was not the cause of its closing. The oven fire which occurred on that date did not cause the entire Sher-Del facility to close, Rather, the fire caused only the bakery operation to cease production a week prior to the closing of the rest of the facility. We agree with the General Counsel that by the time the fire occurred, the decision to close Sher-Del had already been made, that the fire was not the cause of the closing, and that the fire did not create exigent circumstances that excused the Respondents’ failure to provide the Union with notice of closure and an opportunity to bargain over the effects of the closing on unit employees. This conclusion is consistent with, and implicit in, the judge’s finding, based on the credited testimony of Richard May, that May decided on March 19 or 20, 1993, that he had no alternative but to close the business and file a Chapter 7 bankruptcy petition.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,526, YOUR HOST, INC. and HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL 4, AFL-CIO., (Oct. 06, 1994), National Labor Relations Board, (Oct 6, 1994)

YOUR HOST, INC. and HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL 4, AFL-CIO.

315 NLRB No. 40.Case Nos. 3-CA-17744 and -17943. October 6, 1994 Eleanor MacDonald, Administrative Law Judge..

Before Gould, Stephens and Browning.

Back reference: ¶3145.483.

From Text of Board’s Decision

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,526, YOUR HOST, INC. and HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL 4, AFL-CIO., (Oct. 06, 1994), National Labor Relations Board, (Oct 6, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,526, YOUR HOST, INC. and HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL 4, AFL-CIO., (Oct. 06, 1994), National Labor Relations Board, (Oct 6, 1994)

From Text of Board’s Decision

Footnotes