Extract
Resco Products, Inc., 1546 (2000)
DECISIONS OF THE NATIONAL LAOBR RELATIONS BOARD
Corporation and United Steelworkers of America, AFL-CIO, CLC. Cases 14-CA-24512-1 and 14-CA-24512-2 August 31, 2000DECISION AND ORDER BY MEMBERS FOX, LIEBMAN, AND HURTGEN On February 23, 1998, Administrative Law Judge Michael O. Miller issued the attached decision. Respondent Resco Products, Inc. (Resco) filed exceptions. Respon-dent Vessell Mineral Products Corporation (VMPC) filed exceptions and a supporting brief, and the General Counsel filed cross-exceptions, a supporting brief, and an answering brief. VMPC filed an answering brief and a reply brief. 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 only to the extent consistent with this Decision and Order. The complaint alleges that Resco and its successor, VMPC, violated Section 8(a)(5) of the Act by failing to make contractually required payments of accrued vacation pay to employees. The complaint also alleges that VMPC violated Section 8(a)(1) by conditioning offers of employment to Resco employees on their waiving contractually accrued vacation pay, and later by threatening employees with termination if they accepted checks in payment for accrued vacation pay. The General Counsel also contends that VMPC is a Golden State1 successor to Resco and that it should be found to be jointly and severally liable to remedy Resco's unfair labor practices. The judge found the alleged violations, and the Respondents have excepted. The General Counsel has excepted to the judge's finding that VMPC is not a Golden State successor. For the reasons discussed below, we affirm the judge's findings that Resco violated Section 8(a)(5), that VMPC violated Section 8(a)(1), and that the case should not be deferred to arbitration. However, we disagree with his finding that VMPC violated Section 8(a)(5). We also find, contrary to the judge, that VMPC is a Golden State successor to Resco. For many years, the Union represented a unit of Resco's production and maintenance employees at its dolomite lime production plant at Bonne Terre, Missouri. The most recent collective-bargaining agreement provided for a pension plan. Article XIII, section 4 of the contract provided, in relevant part, that "[a]ny employee quitting or discharged shall be paid the pro rata part of his earned vacation." Consistent with the latter provision, six employees who were permanently laid off in early December 19962 because of a loss of business were paid their accrued vacation pay by Resco. Royce Vessell was Resco's vice president for operations. In October, Vessell began negotiating to buy the Bonne Terre facility. On December 18, Vessell and Resco signed an agreement for the purchase and sale of the plant, to be effective January 1. On executing the agreement, Vessell relinquished his position as vi...See the full content of this document
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