National Labor Relations Board, Petitioner, v. Dwyer Industries Incorporated, Respondent, 996 F.2d 1216 (6th Cir. 1993)

JUDGMENT ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD

This cause was submitted upon the application of the National Labor Relations Board for summary entry of a judgment against Respondent, Dwyer Industries Incorporated, Camp Dennison, Ohio, its officers, agents, successors, and assigns, enforcing its order dated April 20, 1993, in Case No. 9-CA-30228, and the Court having considered the same, it is hereby

ORDERED AND ADJUDGED by the Court that the Respondent, Dwyer Industries Incorporated, Camp Dennison, Ohio, its officers, agents, successors, and assigns, shall:

(a) Failing and refusing to bargain with Shopmen's Local Union 522 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, as the exclusive collective-bargaining representative in the unit described below, by failing to adhere to the terms of the 1991-1994 collective-bargaining agreement by deducting dues and assessments from the wages of employees pursuant to the checkoff provisions set forth in section 5(a) of the agreement without remitting said dues and assessments to the Union as required by that section of the contract:

All production and maintenance employees engaged in the fabrication of iron, steel, metal and other products or in maintenance work in or about the [Respondent's] plant or plants located at Camp Dennison, Ohio and vicinity, excluding all office clerical employees, draftsmen, engineering employees, employees engaged in erection, installation or construction work, watchmen, guards and supervisors.

(b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.

2. Take the following affirmative action necessary to effectuate the policies of the Act.

(a) Remit to the Union all dues and assessments which had been deducted from unit employees since November 1, 1992, as required by the 1991-1994 collective-bargaining agreement, in the manner set forth in the remedy section of the Board's decision.

(b) Preserve and, on request, make available to the Board or its agents for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Judgment.

(c) Post at its facility in Camp Dennison, Ohio, copies of the attached notice marked "Appendix." Copies of the notice, on forms provided by the Regional Director for Region 9, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material.

(d) Notify the Regional Director in writing within 20 days from the date of this Judgment what steps the Respondent has taken to comply.

APPENDIX

NOTICE TO EMPLOYEES

POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES

COURT OF APPEALS ENFORCING AN 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 fail and refuse to bargain with Shopmen's Local Union 522 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO as the exclusive collective-bargaining representative in the unit described below, by failing to adhere to the terms of the 1991-1994 collective-bargaining agreement by deducting dues and assessments from the wages of employees pursuant to the checkoff provisions set forth in section 5(a) of the agreement without remitting said dues and assessments to the Union as required by that section of the contract:

All production and maintenance employees engaged in the fabrication of iron, steel, metal and other products or in maintenance work in or about the plant or plants located at Camp Dennison, Ohio and vicinity, excluding all office clerical employees, draftsmen, engineering employees, employees engaged in erection, installation or construction work, watchmen, guards and supervisors.

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

WE WILL remit to the Union all dues and assessments which had been deducted from unit employees since November 1, 1992, as required by the 1991-1994 collective-bargaining agreement.

DWYER INDUSTRIES INCORPORATED

(Employer)

Dated __________ By ______________________________

(Representative) (Title)

This is an official notice and must not be defaced by anyone.

This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, 550 Main Street, Room 3003, Cincinnati, Ohio 45202-3271, Telephone 513-684-3663.