Sixty-Sixth Annual Report for the Fiscal Year Ended September 30,2001... National Labor Relations Board

207 Pages·2001·36.3 MB·English

by  National Labor Relations Board

‘JUN 05 2003 L&@ /,/'200/
0 627
SIXTY-SIXTH
ANNUAL REPORT
OF THE
NATIONAL LABOR
RELATIONS BOARD
FOR THE FISCAL YEAR
ENDED SEPTEMBER 30
SA 203-2098 C
SIXT Y-SIXTH
ANNUAL REPORT
NATIONAL LABOR
RELATIONS BOARD
FOR THE FISCAL YEAR
ENDED SEPTEMBER 30
For salbye t he Superintoefn Ddoceumnentts , U.S. Government Printing Office
Internet: boxr te gov Phone: toll free [phone], DC area [phone]
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0091
ISBN 0-16-051370-7
4
—7
-“ BLANK PAGE
NATIONAL LABOR RELATIONS BOARD
Members of the Board
PETER J. HURTGEN,' Chairman
JOHN C. TRUESDALE? DENNIS P. WALSH?
WILMA B. LIEBMAN
Chief Counsels of Board Members
HAROLD J. DATZ
JEFFREY D. WEDEKIND GARY W. SHINNERS*
JOHN F. COLWELL
JOHN J. TONER, Executive Secretary
HENRY BREITENEICHER, Acting Solicitor
LAFE E. SOLOMON, Director, Office of Representation Appeals
ROBERT A. GIANNASI, Crief Administrative Law Judge
DAVID B. PARKER, Director of Information
Office of the General Counsel
ARTHUR F. ROSENFELD,’ General Counsel
JOHN E. HIGGINS, Deputy General Counsel
RICHARD A. SIEGEL JOHN H. FERGUSON
Associate General Counsel Associate General Counsel
Division of Operations Management Division of Enforcement Litigation
BARRY J. KEARNEY GLORIA J. JOSEPH
Associate General Counsel Director
Division of Advice Division of Administration
' Designated Chairman on May 15, 2001
*S erved asC hairman until May 14, 2001, and as Member until October 1, 2001, whhee rnetir ed
December29 , 2000, to succeed Member Fox whose recess appointment expired on
Decembe1r5 , 2000
* ActChiiefn Coguns el
* Confirmed May 26, 2001.

LETTER OF TRANSMITTAL
NATIONAL LABOR RELATIONS BOARD,
Washington, D.C. March 18, 2003
SIR: As provided in Section 3(c) of the Labor Management Relations
Act, 1947, I submit the Sixty-Sixth Annual Report of the National
Labor Relations Board for the fiscal year ended September 30, 2001.
Respectfully submitted,
ROBERT J. BATTISTA, Chairman
THE PRESIDENT OF THE UNITED STATES
THE PRESIDENT OF THE SENATE
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
Washington, D.C.
Vl BLAIS PAGE
TABLE OF CONTENTS
CHAPTER
1. Operain tFisicalo Yenars 20 01
b. Regional Directors.
c. Administrative Law Judges
$. Court Litigation...
a Appellate Courts........
b. The Supreme Court ...
c. Contempt Actions.......
d Miscellaneous Litigation
¢. Injunction Activity
C. Decisional Highlights
1. Campaign Videotaping of Employees
2. Continuing Bar, aining Obligation
3. Withdrawal of Recognition
4. Employer and Union Interference With Employee Rights
S$. Illegal Secondary Activity
6. Failure to Provide 8(g) Notices
D. Financial Statement... |
A. Authority to Amend Co mplaint
B. Limitation of Section 10(b)......
C. Subpoenas Secking Documents Prepared by Another Party
D. The Relationship Between the “Postmark Rule” and the “Excusable
Neglect Rule”
E. Effect of Vacating a Board Decision Pursuant to a Settlement Agreement
Representation Proceedings...
A. Unit Issues
1. University Graduate Assistants .......
2. Acute Care Facility Residual Unit
B. Bars to an Election
1. Card Check and semana Recognition Procedure
2. Contract Bar
C. Election Objections
Nonemployee Agents as Incumbent Union's Election Observers
IV. Unfair Labor Practices
A. Employer Interference with Employee Rights
1. Accesst o Employer Property
vil
Employer Assistance to Labor Organization - |
Salting. Refusa!-to-Consider and Hire Uavon Applicant
‘ Duty toF urnish Information .. ere
5. Construction Industry Agreement .
Union Interference With Employee Rights
1. Duty of Fair Representation
2. Dues Collection for Job Targeting Program
3. Restriction on Resignation :
4. Internal Union Disciplin.e. .
*. Employer and Union Interference with Employee Rights
. Umon Coercion of Employer
. Wegal Secondary Activity .......
|. Failure to Provide 8(g) Notices
Remedial Order Provisions .
1. Liability of Successor Employer
2. Production of Records in Backpay Cases
3. Reimbursement of Negotiation and Litigation Expenses
V. Supreme Court Litigation .......
1. The Board's Revised Interpretation of Section 2(11) of the Act
2. The Board's Authority to Award Backpay to Undocumented Workers
VI. Enforcement Litigation
A. Unmeritorious and Retaliatory Lawsuits
B. Employer's Right to Control its Property
C. Remedial Issues Involving Union Salts
D. Award of Backpay to Unlawfully Discharged Undocumented Workers
VIL Injunction Litigation
Injunction Litigation Under Section 10(j)
VILL. Contempt Litigation and Compliance Branch
IX. Special Litigation
A. Preemption Litigation
B. Litigation Concerning the Board's Jurisdiction
C. Freed a of Informatiyn Act Litigation
Index of Cases Discussed ......
1X
Glossary of Terms Used in Statistical Tables
Subject Index to Annual Report Tables .
Statistical Tablfore Fsisc al Year 2000
TABLES
TABLE PAGE
1. Total Cases Received, Closed, and Pending ..................ccceooee. 125
1A. Unfair Labor Practice Cases Received, Closed, and Pending........... 126
1B. RepreCasses eRecneivetd, aClotsed,i anod n Pending..................... 127
2. Types of Unfair Labor Practices Alleged 2.00.0 ..ccccccececccceeeereve 128
3A. Formal Actions Taken in Unfair Labor Practice Cases.................... 130
3B. Formal Actions Taken in Representation and Union Deauthori-
EEE en A3I
3C. Formal Actions Taken in Amendment of Certification and Unit
EE CEE an ae ae nO 133
4. Remedial Actions Taken in Unfair Labor Practice Cases Closed... 134
5. Industrial Distriofb Causets iReoceinve d 2... cere 136
6A ic Distriofb Causets iReoceinve d 00.000... .eseeee 141
6B. Standard Federal Administrative Regional Distribution of Cases
EE ey 144
7. Analysis of Methods of Disposition of Unfair Labor Practice
EE ee 146
7A. Analysis of Methods of Disposition of Jurisdictional Dispute Cases
Closed Prior to Unfair Labor Practice Proceedings.................... 148
8. Disposition by Stage of Unfair Labor Practice Cases Closed........... 149
9. Disposition by Stage of Representation and Union Deauthorization
ree 150
10. Analysis of Methods of Disposition of Representation and Union
eear ETT ncn ccnessnenngsennenennnnnnennnnnsnnsnsensnnsenss 1S!
10A. Analysis of Methods of Disposition of Amendment of Certifica-
tion and Unit Clarification Cases Closed... 152
11. Types of Elections Resulting in Certification in Cases Closed.......153
11A. Analysis of Elections Conducted in Representation Cases Closed . 154
11B. Representation Electiino Wnhisc h Objections and/or Determinative
ChalWerel Ruleed nOn ign Caeses sClo sed on. 155
11C. Objections Filed in RepreCsasees Cnlosetd, aby tParity Foilinng 1 56
11D. Disposition of Objections in RepresentCaasets iCloosned ........... 157
11E. Results of Rerun Elections Held in Representation Cases Closed .158
12. Results of Union-Shop Deauthorization Polls in Cases Closed .....159
13. Final Ouwome of Representation Elections in Cases Closed ....... 160
14. Valid Votes Cast in Representation Elections, by Final Resultso f
I,Bp ae Ge cccensenssnssssnssscnssesssnssceesrsessesnssnessenveceners 163
ISA. Geographic Distribution ofR epresentation Elections Held in
ose enenscnsensnnnteemenemememeeemne 66
1SB. Geographic Distribution of Collective-Bargaining Elections
Se xeennennnessensecntunmnssneteeemneqenteeemenemenemannnnes 169