Extract
Washington Beef, Inc., 612 (1999)
Washington Beef, Inc. and United Food and Commercial Workers Union, Local 1439, AFL-CIO. Cases 19-CA-24514 and 19-CA-24665
May 28, 1999 DECISION AND ORDER BY CHAIRMAN TRUESDALE AND MEMBERS FOX AND LIEBMAN On May 1, 1997, Administrative Law Judge Burton Litvack issued the attached decision. The Respondent filed exceptions and a supporting brief, the General Counsel filed limited cross-exceptions, and the Northwest Immigrant Rights Project filed an amicus 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 exceptions1 and briefs and has decided to affirm the judge's rulings, findings,2and conclusions as modified and to adopt the recommended Order as modified.3 ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Washington Beef, Inc., Toppenish, Washington, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified. 1. Insert the following as paragraphs 2(c) and (d) and reletter the subsequent paragraphs. "(c) Provide the Union with the information requested by letters dated December 12, 1995, April 16, May 21, and June 5, 1996, including information pertaining to a 401(k) retirement program for bargaining unit employees, the semiannual bonus paid to bargaining unit employees, the April 1996 wage increase, the new compensation and incentive bonus programs, hours of work, overtime hours paid, sick hours paid, holiday hours paid, premium hours paid, vacation hours paid, health and welfare premiums, call-in hours paid, and FICA and unemployment compensation contributions. 1 No exceptions were filed to the judge's dismissal of 8(a)(5) and (1) allegations concerning the Respondent's unilateral decision to make semiannual bonus payments to unit employees in December 1995 and April 1996, its unilaterally making the 401(k) retirement program available to unit employees in December 1995, its refusal to bargain over the decision to terminate six unit employees who admittedly did not possess valid work documents and not to provide those six employees an opportunity to produce valid work documents, and its refusal to provide the Union requested information concerning the Respondent's correspondence with the Immigration and Naturalization Service (INS), posted notices regarding the INS, and copies of employees' I-9 forms. 2 In Case 19-CA-24738, which the judge referred to in the first paragraph of sec. IV,A of his decision, the Board found that the Respondent violated Sec. 8(a)(5) and (1) by refusing to recognize and bargain with the Union following its April 30, 1996 certification as the exclusive collective-bargaining representative of the bargaining unit employees. Washington Beef, Inc., 322 NLRB 398 (1996), enfd. 132 F.3d 1483 (D.C. Cir. 1997).The judge found, and we agree, that the Respondent violated Sec. 8(a)(5) and (1) by refusing to provide the Union with the information requested in its letters dated December 12, 1995, April 16, May 21, and June 5, 1996, and by refusing to bargain with the Union regarding the amount of time which will be given to the unit employees to establish that they possess authentic work documents. The judge, however, inadvertently failed to include in his recommended Order affirmative provisions remedying these violations. We shall modify the judge's recommended Order accordingly. 3 We shall modify the judge's recommended Order in ac...See the full content of this document
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