Marinette Marine Corporation

National Labor Relations Board - Board Decisions

Aug 10, 2015

18-CA-134306 (N.L.R.B. Aug. 10, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MARINETTE MARINE CORPORATION
and Cases 18-CA-134306
18-CA-134313
INTERNATIONAL BROTHERHOOD OF 18-CA-134318
BOILERMAKERS, BLACKSMITHS, 18-CA-134321
FORGERS AND HELPERS, LOCAL 696 18-CA-134322
18-CA-135657
18-CA-140472
18-CA-144539
DECISION AND ORDER
Statement of the Cases
On May 21, 2015, Marinette Marine Corporation (the Respondent), International
Brotherhood of Boilermakers, Blacksmiths, Forgers and Helpers, Local 696 (the Union),
and the General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation, subject to the Board’s approval, providing for the entry of a
consent order by the Board and a consent judgment by any appropriate United States
Court of Appeals. The parties waived all further and other proceedings before the
Board to which they may be entitled under the National Labor Relations Act and the
Board’s Rules and Regulations, and the Respondent waived its right to contest the entry
of a consent judgment or to receive further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
2
The Respondent is a corporation with an office and place of business in
Marinette, Wisconsin (the Respondent’s facility), and is engaged in the manufacture and
the nonretail sale of ships and fleets.
In conducting its operations during the 12-month period ending November 1,
2014, the Respondent sold and shipped from its Marinette, Wisconsin facility goods
valued in excess of $50,000 directly to customers located outside the State of
Wisconsin.
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
The International Brotherhood of Boilermakers, Blacksmiths, Forgers and
Helpers, Local 696 (the Charging Party or the Union) is a labor organization within the
meaning of Section 2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9(b) of the Act:
All production and maintenance employees, including stock room clerks,
employed at or out of its Marinette, Wisconsin facility; excluding office
clerical employees, professional employees, professional employees,
watchmen and guards and supervisory employees, as defined by the
National Labor Relations Act.
Since at least 1972, and at all material times, the Respondent has recognized the
Union as the exclusive collective-bargaining representative of the unit. This recognition
has been embodied in successive collective-bargaining agreements, the most recent of
which is effective from March 7, 2010 to March 7, 2016.
At all material times since at least 1972, based on Section 9(a) of the Act, the
Union has been the exclusive collective-bargaining representative of the unit.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that:
The Respondent, Marinette Marine Corporation, Marinette, Wisconsin, its
officers, agents, successors, and assigns, shall:
3
1. Cease and desist from
(a) Failing or refusing to provide information requested by the Union, in a timely
fashion, that is necessary for and relevant to the Union’s performance of its duties as
the exclusive collective-bargaining representative of the bargaining unit.
(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) Respond to the Union’s requests for information in a timely fashion, and if the
Respondent does not intend to provide the information, provide the basis for its refusal.
(b) Within 14 days of the Board’s Order, furnish the Union the following
information requested by the Union to the extent required by law: information
concerning the journeyman status of subcontractors performing bargaining unit work in
the electrical department, as requested on about July 9, 2014.
(c) Within 14 days of service by the Region, post at its Marinette, Wisconsin
facility copies of the attached notice marked “Appendix A.” Copies of the notice, on
forms provided by the Region, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and maintained for 60 consecutive
days in conspicuous places, including all places where notices to employees are
customarily posted. In addition to physical posting of paper notices, the Respondent
shall distribute notices electronically, by email, posting on an intranet or internet site,
and/or other electronic means, if the Respondent customarily communicates with its
employees by such means. The Respondent will take reasonable steps to ensure that
the notices are not altered, defaced, or covered by any other material. In the event that,
during the pendency of these proceedings, the Respondent has gone out of business or
closed the facility involved in these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all current employees and former
employees employed by the Respondent at any time since February 11, 2014.
(d) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
4
Dated, Washington, D.C., August 10, 2015.
_____________________________________
Mark Gaston Pearce, Chairman
_____________________________________
Kent Y. Hirozawa, Member
_____________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
5
APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union
Choose a representative to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
The International Brotherhood of Boilermakers Local 696 (the Union) is the exclusive
collective-bargaining representative of all production and maintenance employees,
including stock room clerks, employed at our Marinette, Wisconsin facility.
WE WILL NOT refuse to furnish or unreasonably delay in providing the Union with
information that is relevant and necessary to its role as the exclusive collective-
bargaining representative of our unit employees.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you under Section 7 of the Act.
WE WILL respond to the Union’s requests for information in a timely fashion. If we do
not intend to provide the information requested, we will provide the basis for our refusal.
WE WILL, within 14 days of the Board’s Order, furnish the Union with the following
information to the extent required by law: information concerning the journeyman status
of subcontractors performing bargaining unit work in the electrical department as
requested on about July 9, 2014.
6
MARINETTE MARINE CORPORATION
The Board’s decision can be found at www.nlrb.gov/case/18-CA-134306 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Room 5011,
Washington, D.C., 20570, or by calling (202) 273-1940.