Ryder Integrated Logistics, Inc., 1493 (1999)

Docket Number:07-CA-39781
 
FREE EXCERPT

Ryder Integrated Logistics, Inc. and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO and District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, Party in Interest. Case 7- CA-39781

November 12, 1999

DECISION AND ORDER

BY CHAIRMAN TRUESDALE AND MEMBERS LIEBMAN AND BRAME

On May 6, 1998, Administrative Law Judge Thomas

R. Wilks issued the attached decision. The Respondent and the Party in Interest filed exceptions and supporting briefs, the General Counsel and the Charging Party filed answering briefs, and the Respondent and the Party in Interest filed reply briefs. In addition, the General Counsel filed cross-exceptions and a supporting brief, and the Respondent filed an answering 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,1 and conclusions2 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, Ryder Integrated Logistics, Inc., Canton, Michigan, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

  1. Insert the following as a new paragraph 2(b) and reletter the subsequent paragraphs.

    "(b) Withdraw and withhold recognition from District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, its successors or assigns, as the collective-bargaining representative of loaders, dockmen, and warehousemen employed at its Canton, Michigan LOC facility, and cease giving effect to any collective-bargaining agreement, modification, extension, renewal, or supplemental agreement between it and District 2A as to those employees, until such time as District 2A shall have been certified by the Board as the exclusive bargaining representative of such employees in an appropriate bargaining unit."

  2. Substitute the attached notice for that of the administrative law judge.

    APPENDIX

    NOTICE TO EMPLOYEES

    POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government

    The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice.

    WE WILL NOT threaten employees with the closure of our warehouse operations if they refuse to sign membership applications for District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers.

    WE WILL NOT threaten employees with the closure of our warehouse operations if they designate the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL- CIO as their collective-bargaining representative.

    WE WILL NOT recognize and bargain with District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, its successors, or assigns, as the collective-bargaining representative of loaders, dockmen, and warehousemen employed at our Canton, Michigan LOC facility unless and until that Union has been certified by the National Labor Relations Board as the exclu-

    1 The Respondent has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.

    We agree with the judge's findings that the disputed warehouse employees employed at the Respondent's Redford, and then Canton, Michigan Logistics Optimization Center were not accreted into the existing unit of the Respondent's drivers servicing the GM Detroit/Hamtramck, Michigan plant, and that the Respondent violated Sec. 8(a)(2) and (1) by its February 28, 1997 recognition of the Party in Interest as the representative of these nonaccreted employees. We also agree with the General Counsel, as stated in his cross-exceptions, that this violation taints any subsequent showing of majority status by the Party in Interest. Garment Workers v. NLRB, 366 U.S. 731, 736 (1961); J.E. Leasing Corp., 262 NLRB 373, 380 (1982). "Indeed, such acquisition of majority status itself might indicate that the recognition . . . afforded [the Party in Interest] a deceptive cloak of authority with which to persuasively elicit additional employee support." Garment Workers, 366 U.S. at 736. Therefore, we find it unnecessary to pass on whether the Party in Interest's purported subsequent majority status was the result of misrepresentations made during its solicitation of employee membership applications.

    The judge also found that employee Pat Swift was an agent of Respondent, but not a supervisor. We adopt the judge's finding as to Swift's agency status, and therefore find it unnecessary to pass on his status as a supervisor.

    2 The first sentence of the second paragraph of the judge's conclusions of law mistakenly refers to Human Relations Manager Betty Burdette. The statements included in this sentence were only made by Pat Swift. We amend the conclusions of law accordingly.

    3 In his recommended Order, the judge inadvertently omitted a provision, referred to in his remedy, requiring the Respondent to withdraw

    and withhold recognition from the Party in Interest as the collective-bargaining representative of the warehouse employees. We shall modify the recommended Order accordingly.

    sive bargaining representative of any such employees in an appropriate unit.

    WE WILL NOT give effect to our collective-bargaining agreement with District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, its successors, or assigns, with respect to the warehouse employees referred to above, and any modifications, extensions, renewals, or supplements that may have been applied to those employees, provided that nothing in the Order shall require our withdrawal or enhancement of any wage increase or other benefits, terms, and conditions of employment that may have been established pursuant to any such agreement.

    WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed to you by Section 7 of the Act.

    WE WILL reimburse all former and present loaders, dockmen, and warehousemen employed at the Redford, Michigan or Canton, Michigan LOC for all initiation fees, dues, and other moneys, if any, paid by or withheld from them.

    WE WILL withdraw and withhold recognition from District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, its successors or assigns, as the collective-bargaining representative of loaders, dockmen, and warehousemen employed at our Canton, Michigan LOC facility, and cease giving effect to any collective-bargaining agreement, modification, extension, renewal, or supplemental agreement between us and District 2A as to those employees, until such time as District 2A shall have been certified by the National Labor Relations Board as the exclusive bargaining representative of such employees in an appropriate bargaining unit.

    RYDER INTEGRATED LOGISTICS, INC.

    Ellen Rosenthal, Esq. and Dara Diomande, Esq., for the General Counsel.

    Kevin J. Kinney, Esq. (Krukowski & Costello), of Milwaukee,

    Wisconsin, for the Respondent.

    Betsey Engel, Esq., of Detroit, Michigan, for the Charging

    Party.

    Joel Glanstein, Esq. (O'Donnell, Schwartz, Glanstein & Rosen), of New York, New York, for the Party in Interest.1

    DECISION

    STATEMENT OF THE CASE

    THOMAS R. WILKS, Administrative Law Judge. The original charge in this proceeding was filed on May 6, 1997, by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO (the Charging Party or UAW), against Ryder Integrated Logistics, Inc. (the Respondent or Ryder). It is alleged that the Respondent's

    1 The name of the Party in Interest appears here and in the caption as stipulated at the trial.

    agents threatened plant closure to its employees if they supported the Charging Party and also that the Respondent unlawfully extended special privileges to District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers (Party in Interest or District 2A) in violation of Section 8(a)(2) of the Act.

    The first amended charge in this proceeding was filed by the Charging Party against the Respondent on July 29, 1997. That charge additionally alleged that the Respondent unlawfully recognized District 2A as the exclusive bargaining representative of its warehouse employees at its Canton, Michigan facility on April 25, 1997, in violation of Section 8(a)(2) of the Act.

    On July 31, 1997, the Regional Director partially dismissed the charge in this case. The partial dismissal covered the 8(a)(2) allegations of the unlawful recognition by the Respondent of District 2A. On August 8, 1997, the Charging Party timely appealed the Region's partial dismissal and presented new evidence for consideration. The second amended charge was filed by the Charging Party against the Respondent on September 24, 1997. That charge additionally alleged that in mid-April 1977, the Respondent threatened its Canton warehouse employees with job loss if they did not sign representation authorizations on behalf of District 2A. It also...

To continue reading

FREE SIGN UP