GAF Corporation, 1361 (1982)

Docket Number: 22-CA-10706

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GAF Corporation, 1361 (1982)

GAF CORPORATION

GAF Corporation and General Industrial Workers Union, Local 146, Distilling, Rectifying, Wine & Allied Workers International Union, AFLCIO. Case 22-CA-10706

December 16, 1982 DECISION AND ORDER

BY CHAIRMAN VAN DE WATER AND

MEMBERS FANNING AND ZIMMERMAN

On June 30, 1982, Administrative Law Judge Harold B. Lawrence issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering 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 herein.

The Union has represented Respondent's employees at its Linden, New Jersey, plant for several decades. During that time the parties have negotiated several successive collective-bargaining agreements, referred to by the parties as Works Agreements. In addition, since approximately the mid1940's, the parties have also negotiated separate retirement agreements, referred to as Pension Agreements. Until 1979, the Works Agreement was always negotiated separately from the Pension Agreement, resulting in two separate agreements with two different termination dates.' The pre-1979

Pension Agreement was a contributory retirement plan for hourly paid employees and contained the following procedure for resolving a disagreement over the calculation of pension benefits: 2

13.06 (c)(l) In the event of a dispute between the Trustees and a Participant or Beneficiary over the amount of benefits payable I Since 1969, a Works Agreement was negotiated in 1970, 1972, 1974, 1977, and 1980; a Pension Agreement was negoitated in 1973. 1976, 1977, and 1979.

Prior to January 1., 1975, the main effective date of the Employee Retirement Income Security Act, the parties resolved three disagreements involving both the Pension Agreement and the Works Agreement by utilizing the collective-bargaining agreement's grievance/arbitration procedure. Specifically, in grievances #1200, #1219, and #171, the Union claimed essentially that, when an employee is laid off by the Company and withdraws his pension contribution, he does not lose the recall rights provided to employees under the Works Agreement. Following hearings, an arbitrator held, on April 27, 1973, and July 22, 1974, respectively, that such an employee does not lose the Works Agreeme...

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