National Labor Relations Board v. Charles D. Bonanno Linen Service, Inc.

782 F.2d 7
Court of Appeals for the First Circuit·Decided January 24, 1986·No. No. 85-1031·Published·Cited by 31 cases

Opinion

BOWNES, Circuit Judge.

The National Labor Relations Board (Board) petitions for enforcement of a decision and order finding that respondent Charles D. Bonanno Linen Service, Inc. (Bonanno) committed certain unfair labor practices in violation of § 8(a)(1) & (3) of the National Labor Relations Act (Act), 29 U.S.C. § 158(a)(1) & (3), and ordering inter alia that Bonanno reinstate four striking employees and put eight others on a preferential hiring list. Bonanno challenges the Board’s decision and order on four grounds: first, that there was not substantial evidence on the record to support the Board’s finding that the Union’s economic strike was converted into an unfair labor [9] practice strike; second, that the Board failed to follow settled principles when it ruled that permanently replaced economic strikers were entitled to the enhanced reinstatement rights of unfair labor practice strikers when the strike is converted to one for an unfair labor practice; third, that the Board’s remedy exceeded the scope of the complaint before it; and fourth, that the Board impermissibly failed to explicate the basis for its conclusion.

I. Background

This case began in 1975 when Bonanno authorized a multiemployer group of which it was a member to bargain on its behalf with Teamsters Local Union No. 25 representing its drivers and those of the other employers in the group. After early negotiations proved unfruitful the Union began an economic strike in June 1975, and Bonanno hired permanent replacements for its twelve striking drivers. In November 1975 Bonanno withdrew from the multiemployer group and took no further part in the negotiations. The group and the Union eventually reached an agreement in April 1976. The Union then demanded that Bonanno execute the new collective bargaining agreement, but Bonanno refused on May 3, 1976. The rest of the multiemployer group’s employees went back to work, but Bonanno’s twelve drivers remained on strike. The Union subsequently filed an unfair labor practice charge, and Bonanno’s refusal to execute the collective bargaining agreement was found by the Board to violate § 8(a)(5) & (1) of the Act. This finding was appealed by Bonanno to this court and to the United States Supreme Court, where enforcement was ultimately affirmed. Charles D. Bonanno Linen Serv., Inc., 229 N.L.R.B. 629 (1977), supplemented, 243 N.L.R.B. 1093 (1979), enforced, 630 F.2d 25 (1st Cir.1980), aff'd, 454 U.S. 404, 102 S.Ct. 720, 70 L.Ed.2d 656 (1982).

The strike at Bonanno continued until February and March 1977 when all twelve striking drivers submitted unconditional requests for reinstatement to Bonanno. Between May 3, 1976, and the strikers’ requests for reinstatement the following February and March, four of the permanent strike replacements hired by Bonanno had departed and been replaced. Despite the unconditional requests, Bonanno refused to offer reinstatement to any of the twelve former strikers. On April 5, 1977, the Union filed another unfair labor charge against the Company for refusing to offer reinstatement to the strikers who, it claimed, had become unfair labor practice strikers when the Company refused to sign the collective bargaining agreement on May 3, 1976. A complaint issued from the Board’s General Counsel. A stipulation of facts was entered into on August 30, 1977, but the Board subsequently deferred its decision and order on the complaint while the first unfair labor practice charge was litigated in this court and the Supreme Court. After the Supreme Court upheld ours and the Board’s finding that Bonanno had violated § 8(a)(5) & (1) when on May 3, 1976, it refused to honor the collective bargaining agreement, proceedings on this complaint were taken up again and the decision and order at issue in this case followed. The facts remain those of the August 1977 stipulation.

The Board found that Bonanno’s unfair labor practice of May 3 had converted the drivers’ economic strike into an unfair labor practice strike. Consequently, ruled the Board, the twelve striking employees, as unfair labor practice strikers, had an absolute right to any position at the Company that became vacant during the unfair labor practice strike. The Board ruled that Bonanno had committed violations of § 8(a)(3) & (1) when it had denied reinstatement to any of the twelve drivers, and ordered that Bonanno fire the four replacements hired after May 3 and place four of the former strikers in those positions. It also ordered that the remaining eight drivers be placed on a preferential hiring list. The Board issued various cease and desist, posting and notice orders as well. Bonanno’s request for reconsideration was denied and, pursuant to § 10(e) of the Act, this petition for enforcement followed.

[10] II. Substantial Evidence

Bonanno asserts that there is not substantial evidence on the record as a whole to support the Board’s finding that the original economic strike was converted into an unfair labor practice strike on May 3, 1976, when the Company refused to execute the collective bargaining agreement reached by the Union and the multiemployer bargaining group. Bonanno claims there must be “direct” evidence of a causal link between the unfair labor practice and the strike’s continuation. It asserts that the Board’s failure to point to evidence demonstrating that the employees knew that after May 3 their strike was continuing because of Bonanno’s unfair labor practice is fatal to the Board’s enforcement petition. We disagree. Although it may sometimes be a difficult question whether an economic strike is converted into an unfair labor practice strike when the strike has many causes and motives, see, e.g., Soule Glass and Glazing Co. v. NLRB, 652 F.2d 1055, 1079-82 (1st Cir.1981), such is not the case here. The strike in this case began as an economic strike. When an agreement was reached between the Union and the multiemployer bargaining group the employees’ economic demands were satisfied. All the striking employees in the industry, except Bonanno’s, ended their strikes. When Bonanno refused to execute the bargaining agreement, that refusal— which was ultimately held to be an unfair labor practice by the Supreme Court — became the sole cause of the strike’s continuation beyond May 3. The record shows no other cause. The Board did not need to look beyond this for additional evidence such as statements of strikers or messages on picket signs. The record adequately supports a finding of conversion of the economic strike into an unfair labor practice strike on May 3, 1976.

III. Reinstatement Rights of the Unfair Labor Practice Strikers

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National Labor Relations Board v. Charles D. Bonanno Linen Service, Inc., 782 F.2d 7 (1st Cir. 1986).

782 F.2d 7 (National Labor Relations Board v. Charles D. Bonanno Linen Service, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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