Metropolitan Life Insurance Co., 491 (1963)

DECISION AND ORDER

On March 7, 1963, Trial Examiner A. Norman Somers issued his Intermediate Report in the above-entitled proceeding finding that Respondent Metropolitan Life Insurance Company had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Intermediate Report. Thereafter, the Respondent filed exceptions to the Intermediate Report.

The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

ORDER

The Board adopts as its Order the Recommended Order of the Trial Examiner with the following modifications :

  1. Substitute the following for paragraph 1(b) of the Recommended Order : ''Interfering with the efforts of the Insurance Workers International Union, AFL-CIO, to negotiate for or represent the employees in the said appropriate unit as the exclusive bargaining agent.' 2. Substitute the following for the last paragraph above the signature line of the notice in the Appendix to the Intermediate Report:

    WE WILL NOT interfere with the efforts of the Insurance Workers International Union, AFL-CIO, to negotiate for or represent the employees in the said appropriate unit as the exclusive bargaining agent.

    MEMBERS RODGERS and LEEDoM, dissenting :

    In our dissenting opinion in the representation proceeding which underlies this complaint case, issued October 24, 1962 , we indicated that we would have found inappropriate the unit that the Union was seeking. We adhere to our views there expressed and would accordingly dismiss the complaint . See also the dissenting opinions in Metropolitan Life Insurance Company, 138 NLRB 512, 565 and 734;

    and Equitable Life Insurance Company, 138 NLRB 529.

    'See Metropoixtan Life Insurance Company, 141 NLRB 337 and 1074 ( Members Rodgers and Leedom dissenting).

    142 NLRB No. 60.

    INTERMEDIATE REPORT AND RECOMMENDED ORDER I

    STATEMENT AND FINDINGS

    On December 3, 1962, the Regional Director of the First Region of the Board in Case No. 1-RC-7024, on the basis of the Union 's polling a majority of the votes in an election duly conducted November 23, 1962, pursuant to a Decision and Direction of Election of the Board, certified the Charging Party, which was the petitioning union in said proceeding, as the exclusive bargaining representative of the employees in the unit described in the Recommended Order below. In its Decision and Direction of Election herein issued October 24, 1962, the Board, reaffirming its unit finding in a prior proceeding involving the same parties and based on the same record,2 and found to be appropriate and directed the election to be held among a unit of employees other than what Respondent contended was appropriate. Claiming the Board's ruling thereon to have been erroneous, Respondent disputes the validity of the certification . To test that issue, Respondent, as it concedes, has refused and continues to refuse to bargain with the Union in respect to the employees in the unit embodied in the certification, though requested to do so.

    All else is not dispute, and is hereby found , namely, that...

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