Table Of Content

‘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 (866) 512-1800, DC area (202) 512-1800 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