ML20032E367
| ML20032E367 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 10/06/1981 |
| From: | Gottfried B MICHIGAN UTILITY WORKERS COUNCIL, NATIONAL LABOR RELATIONS BOARD |
| To: | NATIONAL LABOR RELATIONS BOARD |
| Shared Package | |
| ML20032E360 | List: |
| References | |
| 7-CA-19737, NUDOCS 8111200471 | |
| Download: ML20032E367 (11) | |
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j UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SEVENTH REGION CCNSUMIRS PokT.R COMPANY and CASE NO. 7-CA-19737 MICHIGAN STATE UTILITY WCRKERS CCUNCIL CO"PIAIQ AND NOTICE OF MEARINC 6
It having been charged by the Michigan State Utility Workers Council, herein sometines called the Charging Party, that Consumers Power Company, herein someti=es called Respondent, has engaged in, and is engaging in, certain unfair labor practices affecting commerce as set forth and defined in the National Labor Relations Act, as amented 29 U.S.C.,
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15 1, E s_el., herein called the Act, the General Counsel of the National L.:bo.
e Relaticns Board, herein talled the Botrd, on behalf of che Board, by the i
undersigned Regional Directer for the Seventh Region, pursuant to Section i
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10(b) of the Act and Section 102.15 of the Board's Rules and Regulations,-
Series 3, as amended, hereby issues this Complaint and Notice of Heating as follows:
1.
The original charge in this proceeding was filed by the Charging Party on August 26, 1981, and served by certified mail upon Respondent on or about August 27, 1981.
2.
Raspondent is, and has been at all ti=es =aterial herein, a corporation duly organized under, and existing by virtue of, the laws of the State of Michigan.
3.
At all times material herein, Respondent has maintained an office and place of business at 212 West Michigan Avenue, Jackson, Michigan.
Respondent has also =aintained a nuclear power facility in the Township of Covert, and State of Michigan, herein called the Covert Township facility.
Respondent maintains other facilities throughout the lower Peninsula of the State of Michigan and is, and has been at all times material herein, i
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a public utility providing gas and electric power to various arets in I
the State of Michigan.
4.
During the year ending December 31, 1980, which period is h
representative of its operations during all times material hereto, Respondent, i
in the course and conduct of its business operations ) tad gross revenue in excess of $500,000 and purchased end caused to be transported and delivered to its Michigan facilities goods and =aterials valued in excess of $30,000 which were transported and delivered to its Michigan facilities directly from points located outside the State of Michigan.
5.
Respondent is now, and has been at all times nacerial herein, an employer engaged in co==arca vichin the meaning of Section 2(2), (6) and (7) of the Acr.
6.
Utility L'orkers Union of A= erica, AFL-CIO, hereinaf ter referred to as the Union, is, and has been at all tiros material herein, a labor i
i organization within the :eaning of Section 2(5) of the Act.
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The follewing employees constitute a unit appropriate for 3
r%e purposes of collective bargaining within the meaning of Section 9(b) i e Act:
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All e:ployees employed by the Employer at its facilities located throughout the Lover Peninsula of the State of Michigan; but excluding general and assistant general fore:en, outside crew foremen, plant supervisors, and any other supervisory a=ployees with the authority to hire, premote, discharge, discipline, or otherwise effect changes is the status of employees, or effectively recommend such action, of fice employees, office building janitors and watchmen, plant vacchmen, customer account representatives, connected load inspectors, electrical,
=achanical and civil engineers, efficiency men, junior engineers, draf tsmen, surveyors, chemists, architects, temporary employees hired for specific jobs and for not more than six months, part-ci=a local servicemen and local servicemen who do not perform mechanical work in the regular course of employment, and storekeepers with Supervisory power who do not ordinarily do mechanical work, but including watchmen other than those excluded above, load dispatchers, meter readers, bill distributors, plant janitors, and storekeepers other than those excluded a bove.
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At all times since June 11, 1944, the Union, by virtue of a Certification of Representative issued by the Regional Director for Region Seven of the National Labo, Relations Board in Case No. 7-a-1599 has been and is now the exclualve representative within the meaning of Section 9(a) of the Act for the purposes of coAlective bargaining for the amployees in ths unit descri'oad in paragraph 7 above. There have existed successive collective bargaining agreements between Respondent e
and the Union, the =ost recant of vnich is effective by its teras for the period from September 1,1950.co September 1,1983.
9.
Os or about March 9,1981 Respondent by its seents, fort 21sted and suggested to the Nuclear Regulatory Commission changes in the maximu:n nu=ber of overtime hours for the licensed operstars at Respondent's Covert Township facility, thereby decreasing overtime for the involved employees i
and trsnsferring =cce of the work to supervision.
10.
Respondent engaged in the act described above in paragraph.
9 without prior notice to the Union and without having afforded the Union an opport.nity to negotiate and bargain as the exclusive representative of Respondent's enployees with respect to such acts and the effect on the employees in the unit described in paragraph 7 above.
11.
By the act desc21 bed above in paragraphs 9 and 10, Respondent did interfere with, restrain, and coerce, and is interfering with, restraining is employees in the exercise of the rights guaranteed in Section and coercidg t 7 of the Act, and thereby did engage in, and is engaging in, an unfair labor practice affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the Act.
12.
By the act described above in paragraphs 9 and 10. Respandent did refuse to bargain ecliectively and is refusing to bargain collectively with the representative of its empioyees,and thereby did engage in..and is engaging in, an unfair labor practice affecting commerce within the meaning of Section 8(a)(5) and Section 2(6) and (7) of the Act.
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The act of Respondent described-in paragraphs 9 and 10, I
above, occurring in connection with operations of Respondent described in paragraphs 2 through 5, above, has a close, intimate, and substantial relation to trade, traffic, and coc=erce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce.
14.
The act of Respondent described above constitutes an unfair labor practice affecting com=erce within the meaning of Section S(a)(1) and (3), and Section 2(6) and (7) of the Act.
k*RERETCRE, it is prayed that Respondent be ordered to:
1.
Cease and desist fros engaging in the conduct described abave in paragraphs 9 and 10 or in any other manner interfering with, restraining or coercing its employees in the exercise of their Sestion 7 cights, or in any other manner refusing to bargain with the Union as the exclusive bargaining j
representative of the employees in the unit described above in paragraph 7.
2.
Take the following af firmative action (a) Y.eet and bargain with the Union as to changes Respondent desires in overti=e for its licensed operations at Respondent's Covett Township facility and, upon agreement or legitisate impasse, present the results therefrom to the Nuclear Regulatory Commission as Respondent's proposals to cocply with the Nuclear Regulatory Commission's demands for correctivi action.
(b) Make whole its employees for any financial losses sustained by them as a result of the Respondent's unilateral change as described above in paragraphs 9 and 10, with interest computed in accordance with current Board policy.
(c) Post appropriate Notice to Employees.
U IS FC2THER PRAYED that the Order provide for any additional relief appropriate herein.
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PLZASE TAKE NOTICE that on a d nd at a time and place to be designated at a later date a hearing. wilt-tn' conducted before a duly h
designated Administrative Law Judge of the Nationa'. Labor Relations Board on the allegations set forth in the above Ccaplaint, at which time sad place you will have the right to appear in person or otherwise and give testimony.
Fors NLR3-4668 Summary of Standard Procedures in Formal Hearings held 3efore the National Labor Relations Soard in Unfair Labor Practice Casca, is attached.
YOU ARE FURTEIR NOTIFIED that pursuant to Sectien 102.20 and 5
i 102.21 of the Board's aforementioned Rules and Regulations, the Respondent shall file with the undersigned Regional Director, acting in this =atter as agent of the Board, Lc original and four (4) copies of an Answer to said Co: plaint within tan (10) days from the serv'ce thereof, and that unless it does so, all of the allegstions in the Complaiat shall be deemed to be admitted true and =ay be so found by the Board. Immediately upon the filing I
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of its answer Respondant shall sers t a copy thereof on each of the other 8
parties.
Dated at Oetroit, Michigan thia 6th day of October,1981.
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/s/ Bernard Gottfried (SEAL) 3ernard Gottfried. Regional Director National Labor Relations Board i
Seventh Ration j
Patrick V. McNamara Federal Suilding i
Room 300 l
477 Michigan Avenue g
Detroit, Michigan 48226-2569 r
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Any party shall be entitled, apon request made befor t the close of t!te hearing, to it;e a brief or proposed findings and conclusions, or both, with the Administr..ive Law judge who will fis the t:me for such filing.
Weetion of the parties is called to the following requirements 12 4 down in Section 102.42 of the Board's Rules and Regulations, Ser:es 8. as amended, with respect to the procedure to be followed I
hf. git tae proceeding is iransferred to the Board:
No request for an es..
sion d time within whith to submit briefs or proposed findings to the Administrative Law Judge will t a considered unless received by the Chaef Administratsve Law jr ge i
in a ssennston, D.C., (x, in cases unaer the San f rarscosco, Cahixtus, branch attice of Admsnostrerive Law jucdes. the Deouty Chrel Adminustretsre Law Judge in sharge of such outscer at least 3 days prior to the espiration of time itsed for the submission of such documents. Notice at request for such entension of time mus t be served simultaneously on all other part2es, and proof of si,ch service furntshed to the Chief Administrative Law Judge or Deputy Chef Administrattve Law Judge, as the case may be. All briefs or proposed findings f. led with the Admanastrative Law judge must be sub-sitted in triplacate, and may be in typewrt:tes, printed, or sameograpned form, with service on the oth. r parties.
la due course the Administratsve Law Jadge wit! prepare and file with the Board a decistoe in this proceeding, and will cause a copy trereof to be served on each of the parties. Upon filmg of this decision, the Board will enter an order transferr:cg this case to itself, and wtil serve copies of that order, setting forth tne date of such transfer, on all parties. At that point, the Administratave Law Judge's official cortnection with the case will cease.
The procedure to be followed before the Board from that point forward, wit!t respect to the illet of exceptions to the Administrative Law Judge's decision, the subetssion of supporting briets, reeuests for oral argument before the Beard, and related matters, is set forth to the Board's Rules and Regulations, particularly in Section 102.46 and following sections. A summary of the more pertine.it of these provtssons et11 be served on the parties together with the order transferring the case to the Board.
Adiustments or settlements cortststent with the policies of the Act reduce government expend.
8, itures and promote amity in ' abor relations. If adjustment appears possib:e, the Adesasstrative Law Judge may suggest discuss ons between the part:es or, upon request, et11 atford reosonsole opportunity during the hearing for such discussions.
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SUWARY OF STANDARD PROCECURESIN FORMAL HEARINGS HELD BEFORE THE N ATION AL LABOR RELAT10NS B0 ARD !N UNFAIR LABOR PRACTICE PROCEEDINGS PUR$bANT TO SECTION 10 0F THE NATIONAL LABOR RELATIONS ACT, AS AMENDED The hearms wtll be conducted by an Administratsve Law Judge of the National Labor Relations Board who sill preside at the heannt as an andependent, impartial trier of the facts and the law whose h
decision in due tame will be served on the parties. The offices of the Admanastratave Law Judges are located in isshmston, D. C., and San Francisco Calsf ornia.
At the date. hour, and place for which the hearing is set. the Administrative Law judge, upon the joint request of the parties, will conduct a "p ehearing'* conference, prios to or shortly after the l
opeanng of the heannt, to assure that the issues are sharp and clearcut; or the Admanastrative Law Judge.ay 6ndependently conduct such a conference. The Administrative Law Judge wdl preside at such conference, but may, if the occasion artsee, permit the parties to engage ta private discussions.
The conference will not necessartly be recorded, but it may well ba that the labors of the conference will 5>e evtnced ta the ultimate record, for example in the form of statements of position, stspulations, and concesatons. Except under uriusual cateumstances, the Administratave Law Judge conducting the preheanng conference will be the one who wtll conduct the hearing; and it is espee.ed that the formal heannt will commence or be resumed immediately upon completion of the preheanng conference. No preludace will resuit to arry party unwillmg to participate in or make stipuiatsons or concessions durteg any prehearing conference.
(Thus is nor *o be construed as prevennnd the partse. !rone meerunt earlier for siestar purposes.
To the contrary, the partses are encouraded to meer error to the tume set for hearsed m an ettort to narrow the sssura.o Parties may be representet by an attorney or other representative and presut evidence relevant to the issues.
An official reporter will make the only official transanpt of the proceedings, and all citations la briefs and arguments sust refer to the official record. The Bord will not certify any transcript other than the officsal transenpt for use in any court latigation. Proposed corrections of the transenpt should be submitted, etther by way of stapulation or motion, to the \\dmannstrative Law Judge for approval.
t All matter that is spoken is the aearing room while the hearing ts in session will be recorded by the official reporter unless the Adannistrative Law Judge specifically directs off the eeeard discuss.
ion. la the event that any party wishes to make off.tbe.escord statements, a request to go o'f the i
record should be directed to the Administrative Law Judge and not to the official reporter.
Statements of ressoas in support of motions and obpecuans should be specific and concise.
The Adennastrative Law Judge will allow an automatic exception to all adverse rulings and, upon appropriate order, an ob;ection and exception will be permitted to stand to en entire line of questioning.
- !! en%ts offered in evidence shall be.a duplicate. Copies of exhibits should be supplied to the Adam.s ettve Law Judge and other part.es at the time the enhabits are offered in evidence.
If a copy of any exhibit is not availaole at the ttee the original as received. at will be the respon.
sabdity of the party offering such erhabit to submat the copy to the Adatatstrative Law Judge before the close of eating. In the event such copy is not submitted, and the falang thereof has not for good reasoa showa been wasved by the Administrative Law Judge, any ruling receiving the eshabit may be resetad=d and the exhabit rejected.
Any party shall be entitled upon request, to a reasonable pened at the close of the heanas for oral argument, which shall be included an the stenographic report of the heartag. In the absence of a request, the Admtnistrative Law Judge may ask for oral arturrent af, at the close of tne hearing, at at is believed that such argument would be beneficial to the understanding of the sontentions of the parties and the factual asues invohed.
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! ygg NATIONAL LABOR RELATIONS BOARD hY REGION 7 Patrick V.McNamcra Federal Buildins, Room 300 477 Michison Avenue, Detroit, Michison 48226 October 7, 1981 A.T. Udtys, Esq.
G.A. Sando, Esq.
Consumers Power Company 212 West Michigan Ave.
Jackson, MI 49201 Re: Consumers Power Company case No. 7-CA-19737 Gentlemen:
Enclosed nerewith is a proposed informal Settlement Agreement and Notice to Employees in the above-captioned matter.
Signature on this agreement and compliance with its terms will make further litigation in this matter unnecessary. In regards to the specific amounts due to remedy the alleged violations, I am sure we can reach a satisfactory method of calculation if there is serious intent to settle the matter.
If you wish to enter into this agreement, please sign and date the Settlement Agreement where indicated, initial the Notice and return both to this effice.
If you wish to discuss the terms of the agreement, feel free to telephone me at (313) 226-6994.
Very truly yours,,
w Patrick Labadie Board Agent PL/cm Enclosure gE C Ely E D OCT B@
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'cae n os e**s UNITED STATES Oft AMERsCA
.TIONAL LA80R RELATIONS BOARD 0
In the Mertre of CCNSUMERS PCVER COMPANY CASE NO. 7-CA-19737 e
p SETTLEMENT AGRE; MENT ne.adwsped Charged Parte.ad ike onderessed Charging rarty. la sendem et the.b e matter, and subject to the approval of the Regaenai Deester for the Nateaal Laben Raiations Sward.HERE3Y ACRIE AS TOLLOW$t POSTING CF NOTICE - L* pen approvat el this Agreement, the Charged Party wd post famediately la causpie.
nous places in and abeen se pianclealice, incluJias ait places obere metices to entpieyeenimembers are customardy posted.aad maatain for to ceasecutave days tree the date es posttag, copies et the attachee Nottet made a port hereer, saad Notates te se sag *see by a respeastble offseaal of the Charged Party and the date of actual pesting to be shown thereen. la the event than Agreement is a settlesert of a charge adaamat a unten, the umaos en11 outest festheath signed topees of send Nettee to the Regional Dir.
eeter ehe esit feeward them to theeeoleverenese empievees are anvetved heress, for postang, the employer es&laag, La cenopse cuous piacos as see aneut the employer's plaat enere they snailbe essataaned for 60 consecutive days free the este ef pesting.
COMPL!ANCE WITH NOTICE - The Charged Party we comply web 4.1 the reres and provimiens e 'said Notice.
BACRPAY - The Charged Party ed1 maia whcle the employees r.aaned below by payment to each e(thaat elshe 3
anseems appeeste their asse.
REFUSAL 70135UE COMPLA4NT - to the seest the Charging Party (aT.s ce refuses to become a party to this aereeeest, aedsf ta the Regaessa Dareetor's Jascretsen it mit effectuate the petacses of the Nateenal Labor Relations Act the e
I Ressonal Director shall decime es issue a Complav heresa for a new Casipiatat af one has been estneraen pursuant to the
'eres of tins Agreement), sed than Agreeeest shall be between the Charged Party and the undertsened Rettonal Darector. A review of such actaen met be obtaared pursuant to Sectaen 102.19 of the Rulee and Regaalataans of the Board if a feevest for same sa filed esthia 10 days thereef. Thas Agreement ta costangent spea the General Catasel sustasamg the Regnasal Lirec.
1 ter's actaea na the event of a revtew. Appeevaa of thss Agreesent by the Regaena4 Director sha&A coastatute esthdraesi of any Comp 6asatsst sad Metace of Heartag heretofore tasued e :has case.
PtRFORMANCE - Pert'ermance by *.he Charged parry enth the teres and preetstems of thaa Agreeme64 easil comeeece namedsetely after the Agreteent as approved by the Regneaal Director, or, af the Charstes Party does set entee into this Agreement. perfermance small commence tenedsateaf upon receipt by the Charged Party of advice that as reetee has e
heese revuested or that the Genersa Counset has sustasse1 the Regneaal Darector, t
NOTIFICATION OF COMPLIANCE - The madersigesd parties to this Agreement ed! asch neuly the Regional Director in wrrung what steps the Charged Party has takes to compiy herewuh.5ech nenhaan shall be gives wahis 5 days.and agnan after 60 days. from the date 4 the approval of this Agreensast. la the sweat the Chargas Party does see earsr late this Agreement,laatial notice abad be grees wuhin 5 days after eenf'acataea from the Regional Deector that se review has been requested et that the Gearni Counsel has "--J the Regional Directse. Contagens spea compR==<= ouh the terms and previanons bareef. me turther sceaea shad be esses na thaa case.
MICHICAN STATE UTILI'l"Y WORKERS CCUNCIL ec ervt.,9 3,,fi.,
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h.np POSTED PURSUANT TO
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nPaovID n A as Nt MATIONAl. !.230R 25LAT10M5 BOARD 2 i
l'w -ct gives all employees these rightst To engage in self-organization; To form, join or help unions; To bargain collectively through a representative of their own choosing; To act together for collective bargaining or other mutual aid or protection; and To refrain from any and all of these things.
kT WILL NOT do enything that interferu with these rights.
%T WILL NOT refuse to bargain collectively with the Utility Workers Union of America, AFL-CIO as the representative of the employees in the unit described bclow.
kT WILL NCT unilaterally recocznend to the NRC changes in the maximum amount of overtime allowed licensed operators or in any other term or condition of enplcyment.
WE WILL bargain in good faith with the Utility Workers Union of Ameria, AFL-CIO as to changes we desire or feel ccmpelled tc, recommend in overtime for licensed operators at the Palisades Nuclear Power Plant and, upon agreement or legitimate icpasse, present the results therefrom to the Nuclear Regulatory Comission as our proposals to cragly with the Nuclear Re gulacot7 Comission's demands 'for corrective action.
%T WILL bargain in good faith with cf.e Utility Workers Union of America, AFL-CIO as the bargaining representative of the employees in the unit described below:
All employees employed by the Emp?qsr at its facilities located throughout the Lower Peninsula of the State of Michigan; but excluding general and assistant general foremen, outside crew foremen, plant supervisors, and any other super-visory employees with the authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, office em-playees, off*,ce building janitors and watchmen, plant vacchman, custoteer secount representatives, connected Icad inspectors, electrical, mechanical and civil engineers, efficiency man, j mior engineers, draf tsmen, surveyors, chemists, architects, temporary employees hired for specific jobs and for not more chan six months, part-ti=e local servicemen and local ser-ricemen who do not perform
=achanical work in the regular course of employ-ment, and storekeepers with supervisory pcwer who do not ordinarily do mechanical work, but including watchmen other than chose excluded above, load dispatchers, mater readers, bill distributors, plant janitors, and storekeepers other than those excluded above.
THIS 15 AN OFFICIAL. NOTICE AND Ihrs notlCe rnust remam posted for 60 consecutive days frorn the date c Any questiens concernmg this cctice or comohance 4
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i SETT1.3?AENT AGREE?AENT my..-
L'lAL DECTC2 0F THE G fl.
ocact ce m UN]TED STAT 35 GOVERN?AENT
'@7 WF, WIII. cake whole our a:sployees fer any financial losses sustained by them as a result of the allegeG unilateral change in overtime hours by paying to them the a:nounts listed below:
i CC' SUMERS ?rnEg ccMpayy l
(CUP oyer)
Dated:
By:
(Representative)
(Title) l l
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l 1AUST NOT BE DEFACED BY ANYONE
- csnrg and must ret te aftered cefaced, or ccvered by any other matenal.
.th ts ::revis: Ors may to directed to tre ecarc s Cafice. Patrick v. Mc:Zamara Federal Building, 477 Michigan Avenue, Room 300, Detroi:, MI Telephcne: 226-3244 i
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