Extract
Sheet Metal Workers Local 91 (Schebler Co.), 1055 (1991)
Sheet Metal Workers Local Union No. 91, affiliated with Sheet Metal Workers International Association, AFL-CIO and The Schebler Co.
Sheet Metal Workers International Association, AFL-CIO and The Schebler Company. Cases 33-CC-853, 33-CB-2401-1, 33-CE-14, 33-CC- 854, and 33-CB-2401-2December 31, 1991SUPPLEMENTAL DECISION AND ORDERBY CHAIRMAN STEPHENS AND MEMBERS OVIATT AND RAUDABAUGHOn June 7, 1989, the Board issued a Decision and Order1 finding that the Respondent Unions violated Section 8(e) by entering into and maintaining in effect with Winger Contracting an ''Integrity Clause,'' and violated Section 8(b)(4)(ii)(A) by coercing Schebler Co. to sign the Integrity Clause. The Board, inter alia, ordered the Unions to cease entering into or giving effect to the Integrity Clause in the Winger collective-bargaining agreement. Thereafter, the Unions petitioned for review and the Board filed a cross-application for enforcement with the United States Court of Appeals for the District of Columbia.On June 12, 1990, the court issued a decision2agreeing with most of the Board's findings. The court stated, however, that the Board had failed to articulate an explanation for rejecting the Unions' argument that any illegality in the Integrity Clause could have been cured by severing section 3. Citing Plumbers District Council 16 (Jamco Development), 277 NLRB 1281 (1985), the court stated that there was support in Board precedent for ''curing an unlawful secondary contract by severing an objectionable clause.'' (Id. at 423.) The court remanded the case to the Board to explain the rejection of the Unions' severability argument, and express...See the full content of this document
Sponsored links
