Cytec Process Materials (CA) Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge 725
Published: Sep. 14, 2018 | Result Date: Mar. 27, 2018 |Case number: 21-CA-187639 Bench Decision – Charging Party
Judge
Court
NLRB
Attorneys
Charging Party
Caren P. Sencer
(Weinberg, Roger & Rosenfeld)
Respondent
David M. Buday
(Miller, Johnson, Snell & Cummiskey PLC)
Gregory P. Ripple
(Miller, Johnson, Snell & Cummiskey PLC )
General Counsel
Thomas H. Rimbach
(National Labor Relations Board)
Ami Virginia Silverman
(National Labor Relations Board)
Facts
Charging party International Association of Machinists & Aerospace Workers, AFL-CIO, and District Lodge 725, filed a charge against respondent Cytec Process Materials (CA) Inc., in relation to changes made to employee working conditions and bargaining with the Union.
Contentions
CHARGING PARTY'S CONTENTIONS: The Union contended that Cytec changed its starting time and that led to changing its lunch and break times. The Union also claimed that Cytec did not allow its employees to leave during breaks. Moreover, the Union alleged that Cytec refused to bargain with them.
RESPONDENT'S CONTENTIONS: Cytec denied the allegations.
Result
The administrative judge found that Cytec violated Section 8(a)(1) and (5) of the Act by changing employee lunch and break times without giving the union an opportunity to bargain over the decision and for prohibiting employees from leaving the premises during their paid rest breaks. The ALJ also found that Cytec refused to meet and bargain with the Union over the terms and conditions of employment in violation of Section 8(a)(1) and (5) of the Act. The court ordered Cytec to cease and desist and to restore the original rest times and allow employees to leave the premises during breaks. Moreover, Cytec was ordered to bargain with the Union in good faith.
Other Information
Consolidated with 21-CA-191718 and 21-CA-196463.
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