Bordone v. Talsol Corp.

799 F. Supp. 796, 141 L.R.R.M. (BNA) 2389, 1992 U.S. Dist. LEXIS 13988, 1992 WL 231016
CourtDistrict Court, S.D. Ohio
DecidedMarch 6, 1992
DocketNo. C-1-91-916
StatusPublished
Cited by1 cases

This text of 799 F. Supp. 796 (Bordone v. Talsol Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bordone v. Talsol Corp., 799 F. Supp. 796, 141 L.R.R.M. (BNA) 2389, 1992 U.S. Dist. LEXIS 13988, 1992 WL 231016 (S.D. Ohio 1992).

Opinion

ORDER GRANTING TEMPORARY INJUNCTION

SPIEGEL, District Judge.

This matter is before the Court on the Plaintiff’s petition and amended petition for a temporary injunction (docs. 1 and 28). The Plaintiff filed a Memorandum in support of its motion (doc. 21). The Plaintiff also has written a Proposed Findings of Fact and Conclusions of Law. This was never properly filed with the Court. However, the Plaintiff delivered a copy to this Court and to opposing counsel.1 Finding no prejudice, this Court attaches a copy to this Order of the Plaintiff’s Proposed Findings of Fact and Conclusions of Law in order for the Plaintiff to make its record. The Defendant filed Proposed Findings of Fact and Conclusions of Law, as well (doc. 37).

The Plaintiff has also moved to amend its Petition for a temporary injunction to delete paragraph 5(v) alleging the unlawful discharge of Tina Pendergrass and to delete from paragraph 2(a) the request for affirmative relief for Ms. Pendergrass on the grounds that the matter is now moot. The Defendant has not objected to the Plaintiff's motion. Accordingly, the Plaintiff’s motion to amend its Petition is granted.

The Court held hearings on this matter on January 17, 22, and 23 of 1992. Based upon the hearings and the material filed with this Court, we issue this Order.

FINDINGS OF FACT

Introduction

1. The Defendant, Talsol Corporation, (“Talsol” or the “Company”) is located in Cincinnati, Ohio.

2. Talsol is in the business of manufacturing, selling, and distributing automobile paints, specialty chemicals, and related products.

3. The United Steel Workers of America, AFL-CIO-CLC (the “Union”) filed a petition seeking to represent Talsol’s production and maintenance employees.

4. James Newport, an employee of the Union, was in charge of promoting and organizing the Union at Talsol.

5. On March 24, 1991, the Union notified Talsol of its campaign to unionize the production and maintenance workers at Talsol. The Union informed Talsol that Sue Brewer, Curtis Compton, Velvie Wood, [799]*799Pam McNew, Betty Bates, Tina Pendergrass, and Judy Quillen were members of the Union organizing committee. These employees served as the Union’s “eyes and ears” before the election on Union representation.

6. During the Union campaign, members of Talsol’s management threatened workers with various reprisals if they supported the Union in the election.

7. On April 17 and May 2, 1991, the Union filed charges with the National Labor Relations Board (the “NLRB”) alleging that Talsol had been engaging in unfair labor practices.2

8. On May 10, 1991, Talsol’s workers held an election, resulting in 17 votes for the Union, 16 no votes, and 4 challenged ballots.

9. After the election was challenged, it was later determined that there were 20 votes for the union, and 17 against the Union. A Certification of Representation was issued on August 12, 1991.

10. The Plaintiff has made numerous allegations of unfair labor practices against the Defendant. This Court has grouped the allegations into these four areas: (1) failure to bargain; (2) worsened working conditions; (3) loss of employment; and, (4) work shut-downs.

Failure to Bargain

11. No employees of Talsol received a wage increase in June, 1991. In previous years, some employees received merit-based pay increases in June.

12. Talsol informed the Union that “... it would hold off on individual merit increase reviews pending negotiation [with the Union].” Defendant’s Hearing ex. 1, Letter from Gary L. Greenberg to James Newport, June 24, 1991. Talsol offered to negotiate with the Union on wages and other issues on August 28, September 3, and September 4, 1991. Defendant’s Hearing ex. 5. The Union did not respond until October 18, 1991, when the Union offered to meet on various dates in late October and early November. Defendant’s Hearing ex. 6.

13. The Union and Talsol finally met on November 13, 1991. The two parties agreed to negotiate the language of the contract first, then the wages and benefits.

Worsened Working Conditions

14. The aerosol line at Talsol produces cans of aerosol paint. Many, but not all, of Talsol’s employees considered the work on the aerosol line to be the least desirable at Talsol.

15. Talsol has experienced numerous problems with the aerosol line. The aerosol line has never produced the number of cans that Talsol expected when it started the line.

16. Despite the fact that Talsol has never produced the number of cans expected, the workers on the aerosol line have experienced problems keeping up with the pace of work on the line.

17. The attitude of the supervisor on the aerosol line, Pete Burnside, changed after the Union election. From being a pleasant manager, Mr. Burnside became a very difficult person for whom to work.

18. In the fall of 1991, Talsol imposed more onerous working conditions on its employees on the aerosol line, including requiring employees to perform menial job tasks which were not a part of their regular work duties.

19. Talsol had four known Union supporters working on the aerosol line.

20. Talsol assigned some Union supporters to janitorial duty, despite the fact that Talsol has a janitorial service. These workers had never received janitorial duty before the Union campaign.

21. Talsol forced two workers to mop the President’s parking space on a day of inclement weather.

Loss of Employment

22. Talsol dismissed five employees who were Union supporters: Brewer, Wood, Fultz, Pendergrass, and Compton.

[800]*80023. The Plaintiff offered no evidence as to why Talsol dismissed Brewer, Wood, and Fultz. The Plaintiff has withdrawn its allegation regarding Ms. Pendergrass’ discharge.

24. Curtis Compton, the remaining discharged employee of Talsol, supported the Union campaign beginning in March 1991.

25. Mr. Compton was a paint-maker trainee. However, he repeatedly made paint incorrectly.

26. Talsol demoted Mr. Compton to warehouse worker.

27. On June 25, 1991, Talsol management informed Curtis Compton that his pay would be reduced $2.00 per hour. Mr. Compton then informed Talsol that he was quitting his employment.

28. Subsequently, Mr. Compton asked to return to work, but Talsol refused to rehire him.

Work Shut-Downs

29. Following the Union campaign, Talsol informed its workers that the Company would shut down and employees would be sent home when the Company did not have enough work. Talsol had never had shutdowns before the Union campaign.

30. In the summer and fall of 1991, Talsol did have periodic days when it shut down and the employees did not get paid.

31. Subsequently, however, Talsol compensated these employees for days the Company had shut-down and sent its employees home. See e.g., Defendant’s Hearing ex. 18.

Procedural History

32. The NLRB filed for a temporary injunction under the National Labor Relations Act, 29 U.S.C.

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799 F. Supp. 796, 141 L.R.R.M. (BNA) 2389, 1992 U.S. Dist. LEXIS 13988, 1992 WL 231016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bordone-v-talsol-corp-ohsd-1992.