Otis Elevator Co., 1128 (1977)

National Labor Relations Board

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Otis Elevator Co., 1128 (1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Otis Elevator Company and Raymond Eaton, Boyd Beattie, and Frank losso Local 489, International Union of Electrical, Radio and Machine Workers, AFL-CIO and Raymond Eaton, Boyd Beattie, and Frank losso. Cases 22CA-6953, 22-CA-7070, 22-CA-7133, 22-CB3224, 22-CB-3275, 22-CB-3281, and 22-CB3306

August 31, 1977 DECISION AND ORDER

On March 29, 1977, Administrative Law Judge Thomas R. Wilks issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief, and Respondent filed a brief in answer to the General Counsel's exceptions.

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, as amplified herein, and to adopt his recommended Order.

The question presented here is whether under the Board's holding in Dairylea Cooperative Inc., 219

NLRB 656 (1975), enfd. sub nom. N.L.R.B. v. Milk Drivers & Dairy Employees, Local 338, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America 531 F.2d 1162 (C.A. 2, 1976),

Respondents violated the Act by permitting union officers to exercise superseniority in lateral bumping to retain their same (or slightly lower) labor grades in a layoff situation, to the detriment of two employees with greater plant seniority. We find, in agreement with the Administrative Law Judge, that Respon' The relevant sections of the collective-bargaining agreement are contained in art, IV, 'Seniority,' and are reproduced, in part, below:

Section 8. Layoff Procedures In order to maintain employees in their respective labor grades as long as practicable. and in keeping with the provisions of Article IV of this Agreement, the following procedure shall be observed: If there are no realistic objections, when it isnecessary to layoffpersonnel 1. The emplo...

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