Weltronic Company v. NLRB, 19191

• Citation: 419 F.2d 1120
• Decision Date: 16 December 1969
• Docket Number: No. 19191,19446.,19191
• Parties: WELTRONIC COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local 155, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America — UAW, Intervenor. LOCAL 155, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA — UAW, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
• Court: United States Courts of Appeals. United States Court of Appeals (6th Circuit)

419 F.2d 1120 (1969)

WELTRONIC COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local 155, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America — UAW, Intervenor.

LOCAL 155, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA — UAW, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

Nos. 19191, 19446.

United States Court of Appeals Sixth Circuit.

December 16, 1969.

Bruce D. Carey, Carey & Carey, Detroit, Mich., for Weltronic Co., Bruce D. Carey and Frederick A. Carey, Detroit, Mich., of counsel.

Nancy M. Sherman, N.L.R.B., Washington, D. C., for N.L.R.B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Nancy M. Sherman, Jerome N. Weinstein, Attys., N.L. R.B., Washington, D. C., on brief.

Stanley Lubin, Detroit, Mich., for Local 155, John A. Fillion, Stanley Lubin, Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, COMBS, Circuit Judge, and TAYLOR, District Judge.^*

COMBS, Circuit Judge.

The Weltronic Company has petitioned this Court to review an order of the National Labor Relations Board holding that it has violated Section 8(a) (5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1) and (5). The Board requests enforcement of its order. 173 NLRB No. 40. Local 155 — UAW has intervened in this action No. 19,191. The union has also filed a separate petition to review that portion of the Board's order which failed to grant relief sought by the union No. 19,446.

The company is engaged primarily in the manufacture and sale of resistance welding controls. Since about 1960, it has developed a line of "plant central" equipment which is used to monitor and control manufacturing operations. The company, or its subsidiaries, has manufactured the plant central equipment at six different locations in Michigan and Canada. From 1965 until 1967, some of this work was performed at the company's Eight Mile Road plant in Southfield, Michigan. Employees at the Eight Mile plant were represented by Local 155-UAW and were protected by a collective bargaining agreement executed between the union and the company in 1964. The union did not represent Weltronic employees at any of its other plants. The company, in April, 1967, moved its plant central wiring and electronic assembly work out of the Eight Mile plant to its new Telegraph Road plant some three miles away. The move was accomplished without written notice to the union and no employees were transferred from the Eight Mile plant to the Telegraph plant. No employee was laid off as a result of the move but some fourteen employees at the Eight Mile plant were already on lay-off status when the move took place.

The collective bargaining agreement contained these relevant provisions:

ARTICLE I

Recognition

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Section 1. (b) In the event the Company discontinues its operations at the present site and moves to another location in the Detroit Metropolitan Area, seniority employees who can and are willing to accept work at the new location will be transferred to such new location with all their seniority prevailing rates of pay and the prevailing contract with the AFL-CIO-UAW and Local 155.

* * * * * *

Section 4. The Union agrees that the Management of the Company has the right to manage the affairs of the business, to control its properties, and equipment, and to direct the working forces of the Company in accordance with and subject to the terms of this Agreement. Said functions of Management include the right to hire, discharge or discipline for just cause, to establish new jobs and discontinue jobs, maintain discipline and efficiency of employees, to determine the type of products to be manufactured, the location of plants, plan scheduling of production, methods, processes, and means of manufacturing.

* * * * * *

ARTICLE IV

Seniority

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Section 11. When new jobs are created or vacancies occur, the oldest employees in point of service shall be given preference in filling such new job or vacancy so far as consistent with the ability of the employee to perform the services required. All new jobs will be posted forty-eight (48) hours before such vacancy shall be filled.

The Board held that the company violated Section 8(a) (5) and (1) of the Act by transferring unit work from its Eight Mile plant to its Telegraph plant without first notifying the union and giving it an opportunity to bargain; also that the company violated the same two sections by treating the plant central work as not being covered by the bargaining agreement, by unilaterally changing the conditions and terms of employment, and by refusing to negotiate with the union in regard to transferring employees from the Eight Mile plant to the Telegraph plant.

The Board's order requires the company to bargain with the union concerning the transfer of the plant central work, to make whole any employees who have suffered loss, and to post appropriate notices. The company is given the option of moving the plant central work back to the Eight Mile plant or retaining it at the Telegraph plant so long as it otherwise complies with the good faith bargaining contemplated by the remedial order.

The company contends...