Extract
Top Mfg., 937 (1977)
TOP MANUFACTURING CO.
Top Manufacturing Company, Inc. and Carpenters Local Union 1959, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. Cases 21CA-14923 and 21-CA-15131July 18, 1977 DECISION AND ORDERBY MEMBERS JENKINS, PENELLO, AND WALTHEROn May 11, 1977, Administrative Law Judge Bernard J. Seff issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions 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 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 brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge only to the extent consistent herewith.' We agree with the findings of the Administrative Law Judge that Respondent violated Section 8(a)(l), (3), and (5) by withdrawing recognition from the Union on August 5, 1976, thereby converting the strike to an unfair labor practice strike, and by refusing to offer full and immediate reinstatement to the unfair labor practice strikers after their unconditional offer to return to work on September 30.2 We do not agree, however, with his findings that the Respondent failed to bargain in good faith on and after July 9, and that the strike was an unfair labor practice strike from its inception.The parties participated in only two bargaining sessions. The first was held on June 17 and lasted only an hour. The Union presented its proposed contract which was modeled after an existing multiemployer agreement, and similar to the Respondent's contract which expired on June 30. The Union proposed a 55-cent-per-hour increase for the next year with an 11-cent cost-of-living provision, one additio...See the full content of this document
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