Extract
Coppus Engineering Corp., 595 (1972)
COPPUS ENGINEERING CORP. 595
Coppus Engineering Corporation and International Brotherhood of Boilermakers, Iron Ship Builders,Blacksmiths, Forgers and Helpers, Lodge 748,AFL-CIO. Case 1-CA-7101February 28, 1972 DECISION AND ORDERBY CHAIRMAN MILLER AND MEMBERS JENKINSAND KENNEDYOn December 29, 1970, Trial Examiner Sidney J.Barban issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision 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 powers in connection with this case to a three-member panel.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the' exceptions and brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner only to the extent consistent herewith.1. The Trial Examiner found that the Respondent violated Section 8(a)(5) and (1) of the Act by unilaterally discontinuing its past practice of holding an annual report party for its employees. We do not agree. Although we are satisfied, as the Trial Examiner found, that the report party constituted an employee benefit, the Respondent's conduct under all the circumstances in this case cannot be considered violative of Section 8(a)(5) of the Act.The record reflects that beginning in 1963, and continuing until 1970, the Respondent provided an annual party for its employees, typically during February or March, which was held during the evening and consisted of a cocktail hour, dinner, and entertainment.During the party, various corporate officers reported to the employees on the Company's performance during the prior year, as well as prospects and plans for the coming year. The Respondent bore the entire expense of the party and all employees, including their spouses or dates, were invited. The 1969 party, which was held in March, cost approximately $2,200.195 NLRB No. 113Following certification of the Union, the parties commenced negotiations in August 1969 and, after 20-25 bargaining sessions, executed a' collective-bargaining agreement on December 18, 1969, eff...See the full content of this document
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