Lechmere, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1992

308 N.L.R.B. 1074 (N.L.R.B. 1992)

1074
308 NLRB No. 157
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 295 NLRB 92.
2 914 F.2d 313.
3 112 S.Ct. 841 (1992).
4 We note that the First Circuit Court of Appeals found that, on
this issue, ‘‘the Board was well within its domain in concluding that
the employer’s conduct, seen in the light of the record as a whole,
was not within the narrow de minimis exception.’’ 914 F.2d at 325.
The Supreme Court’s vindication of the Respondent’s private-prop-
erty rights, if anything, elevates the gravity of its attempt to bar
union access to public property.
5 295 NLRB at 100.
6 If this Order is enforced by a judgment of a United States court
of appeals, the words in the notice reading ‘‘Posted by Order of the
National Labor Relations Board’’ shall read ‘‘Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order
of the National Labor Relations Board.’’
Lechmere, Inc. and Local 919, United Food and
Commercial Workers, AFL–CIO. Case 39–CA–
3571
September 30, 1992
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS DEVANEY, OVIATT, AND
RAUDABAUGH
On June 15, 1989, the National Labor Relations
Board issued a Decision and Order,1 finding that the
Respondent violated Section 8(a)(1) of the National
Labor Relations Act by refusing to allow the union
representatives to engage in organizing and handbilling
in the store’s parking lot and by attempting to cause
the union representatives to be removed from a public
area adjacent to the parking lot.
The Respondent filed a petition for review with the
United States Court of Appeals for the First Circuit.
On September 17, 1990, the court enforced the Board’s
Order.2 Thereafter, the Supreme Court granted certio-
rari and reversed the judgment of the First Circuit and
denied enforcement of the Board’s Order.3 Pursuant to
the Supreme Court’s decision, the First Circuit recalled
its mandate and entered a new judgment (Docket No.
89–1683, Mar. 17, 1992), which reads as follows:
The employer’s petition for review is granted. En-
forcement of the Board’s order is denied. The
case is remanded to the Board for reconsideration
of the so-called ‘‘second unfair labor practice,’’
See 914 F.2d at 325, relating solely to the finding
of a violation for attempting to remove union rep-
resentatives from a public area adjacent to com-
pany property, in light of the opinion of the Su-
preme Court of the United States.
On May 28, 1992, the Board accepted the remand
from the First Circuit Court of Appeals and advised
the parties that they would be notified of whatever ac-
tion the Board takes.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
The Board has considered its original decision and
record in light of the court’s remand and has decided
to adhere to its original decision as to the Respond-
ent’s violation of Section 8(a)(1) of the Act by at-
tempting to remove union representatives from a pub-
lic area adjacent to the Respondent’s parking lot.4 The
Supreme Court’s decision addressed access to an em-
ployer’s private property; it did not affect the legality
of employer attempts to bar access to property that is
not the employer’s to control. Administrative Law
Judge Joel P. Biblowitz inadvertently failed to conform
his Order to his Conclusions of Law5 and we do so
here.
ORDER
The Respondent, Lechmere, Inc., Newington, Con-
necticut, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Attempting to remove union representatives, en-
gaged in the distribution of union literature to employ-
ees, from the public area adjacent to its parking lot.
(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) Post at its Newington, Connecticut store copies
of the attached notice marked ‘‘Appendix.’’6 Copies of
the notice, on forms provided by the Regional Director
for Region 34, after being signed by the Respondent’s
authorized representative, shall be posted by the Re-
spondent 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 Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(b) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
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 or-
dered us to post and abide by this notice.
WE WILL NOT attempt to remove representatives of
Local 919, United Food and Commercial Workers,
1075LECHMERE, INC.
AFL–CIO, or any other labor organization, engaged in
the distribution of union literature to our employees in
the public area adjacent to the parking lot of our store
in Newington, Connecticut.
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.
LECHMERE, INC.