Bennington Iron Works, Inc., 1285 (1983)

National Labor Relations Board

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Bennington Iron Works, Inc., 1285 (1983)

BENNINGTON IRON WORKS

Bennington Iron Works, Inc. and United Steelworkers of America, AFL-CIO-CLC, Local Union No. 8217. Case l-CA-16581

29 September 1983 DECISION AND ORDER

BY CHAIRMAN DOTSON AND MEMBERS

ZIMMERMAN AND HUNTER

On 28 August 1980 Administrative Law Judge Richard L. Denison issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed limited exceptions and a supporting brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge only to the extent consistent herewith.

The pertinent facts are as follows. Respondent and the Union have been parties to a series of collective-bargaining agreements since 1972 and the most recent agreement expired on 10 September 1979.2 The bargaining unit represented by the Union includes both Respondent's rank-and-file employees and its subforemen who are statutory supervisors.

On 16 July rank-and-file employee David Jones circulated among the employees a petition stating that the employees no longer wished to be represented in collective bargaining by the Union and 10 out of the total of 19 rank-and-file employees in the unit signed the petition. On 17 July Arnold G.

Blackstone, Respondent's vice president, informed Richard P. Wildes, the Union's International representative, that Respondent intended to terminate the collective-bargaining agreement on its expiration date, 30 September, and that it did not intend to negotiate a successor agreement since the employee petition indicated that the employees no longer wished to be represented by the Union. Res...

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