795 F.2d 585 (6th Cir. 1986), 85-5788, N.L.R.B. v. General Tire and Rubber Co.

Docket Nº:85-5788.
Citation:795 F.2d 585
Party Name:7 Employee Benefits Ca 1877 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GENERAL TIRE AND RUBBER COMPANY, Respondent.
Case Date:July 21, 1986
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 585

795 F.2d 585 (6th Cir. 1986)

7 Employee Benefits Ca 1877

NATIONAL LABOR RELATIONS BOARD, Petitioner,

v.

GENERAL TIRE AND RUBBER COMPANY, Respondent.

No. 85-5788.

United States Court of Appeals, Sixth Circuit

July 21, 1986

Argued June 13, 1986.

Page 586

Elliott Moore, Deputy Associate General Counsel, N.L.R.B., Washington, D.C., Ellen O. Boardman (argued), Emil C. Farkas, Director, N.L.R.B., Cincinnati, Ohio, for petitioner.

Ann B. Hale (argued), Jackson, Lewis Schnitzler & Krupman, Atlanta, Ga., Stuart Newman, for respondent.

Before MARTIN and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

PER CURIAM.

The National Labor Relations Board (Board) is before this court seeking enforcement of its order finding the General Tire and Rubber Company (company) guilty of an unfair labor practice for refusing to negotiate with its employees' labor union over a mandatory subject of bargaining. The company has cross-appealed for review of the Board's order. On appeal, the company claims that the Board erred in failing to find language in the supplemental agreement to be a contractual waiver of the union's right to bargain over the payment of benefits. The company also argues that the Board erred in rejecting its alternative contention that the union waived its right to bargain by neglecting to demand negotiation on the issue of benefits following the company's announcement in December of 1982 of its intent to terminate benefits. Having found no error by the Board in either determination, we require enforcement of the Board's order.

I.

SUMMARY OF FACTS AND PROCEEDINGS BELOW

Between 1979 and 1982, the company and the International Union of United Rubber, Cork, Linoleum and Plastic Workers of America, Local No. 665 (union), were parties to a collective bargaining agreement and a supplemental agreement covering production and maintenance employees at the company's Mayfield, Kentucky plant. Unlike the bargaining agreement which addressed employee wages, hours and working conditions, the supplemental agreement concerned various benefit programs provided for the bargaining unit employees.

On August 26, 1982, the parties began negotiating a successor bargaining agreement and supplemental agreement. The existing contracts expired on October 15, 1982, but the supplemental agreement provided

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that the benefits would be paid for ninety days after its termination. Although no accord had been reached on any successor agreements, the Mayfield employees continued to work. On December 16, 1982, the parties met for a negotiating session at which time a representative of the company informed the...

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