On Application for Enforcement of an Order of the National Labor Relations Board.
Pell and Wood, Circuit Judges, and Harper, Senior District Judge.*fn*
At issue in this application for enforcement is whether the National Labor Relations Board (Board) exceeded its remedial authority in ordering Vantran Electric Corporation (employer) to bargain with Local 50, International Brotherhood of Teamsters (union), for an extended certification year as a remedy for the employer's withdrawal of recognition four and one-half months after it entered a settlement agreement with the union.
The facts are essentially undisputed. On February 6, 1975, the union won a Board representation election, and on February 14, 1975, the Board certified the union as bargaining representative of the employer's production and maintenance workforce. On March 25, 1975, after two bargaining sessions, the union called a strike which continued until March 6, 1976. In April 1975, the employer filed a suit against the union and its officers and representatives for damages resulting from violence, vandalism, and related misconduct of union members during the strike.
In September 1975, while the employer's state court damage action was pending, the union filed unfair labor practice charges against the employer. The Board then issued a complaint against the employer charging violations of §§ 8(a)(5) and (1) for bad-faith bargaining since March 18, 1975, and for increased benefits given to strike replacements. The union filed additional charges on March 5, 1976, and on March 11, 1976, the Board issued a consolidated complaint adding the charge that the employer violated § 8(a)(3) by refusing to reinstate 56 named strikers following their unconditional offers to return to work.
The employer and the union signed an out-of-Board settlement agreement which provided:
1. The Company will dismiss its Complaint in No. 75-CH-6 pending in the Circuit Court of Fayette County, Illinois and all claims for damages against the Union or any of its officers.
2. The Union will seek, and do everything possible to cause, withdrawal and dismissal of the charges and Complaint in Cases Nos. 14-CA-8783 and 14-CA-9143 and all charges and appeals against the Company or any of its officers.
3. As soon as reasonably possible following the events in 1 and 2 above, the Union will provide to the Company a list of those employees of the Company who went out on strike on or after March 25, 1975 and who desire to return to active work for the Company; at the same time, the Company will provide to the Union a list of such striking employees who have informed the Company that they do not desire to return to such active work.
4. Upon request, the Company will provide to and review with the Union all documents available to the Company showing that for the reasonably foreseeable future the Company's manning requirements will be for not more than twenty-five (25) employees.
5. The Company will reinstate to active work, from those desiring the same as shown by the lists referred to in 3 above and according to seniority and ability to do the work, eleven (11) former strikers to take the place of the eleven (11) employees of the Company hired for the first time on and after March 25, 1975.
6. The Company will maintain a list of those former strikers designated on the lists referred to in 3 above but not reinstated to active work under 5 above and, by seniority and ability to do the work, will offer reinstatement to active work to such former strikers as and when job openings occur, provided however, that such former strikers must keep the Company informed as to their desire ...