California Portland Cement Co. v. National Labor Relations Board

MEMORANDUM *

California Portland Cement, Co., d/b/a Catalina Pacific Concrete, (CPC) petitions for review of the determination by the National Labor Relations Board that it committed unfair labor practices when (1) it unilaterally changed the duties and responsibilities of employees, who were members of the International Union of Operating Engineers, Local 12, and who were covered by a collective bargaining agreement between CPC and the Union, and (2) refused to bargain with the Union. The Board has filed a cross petition for enforcement of its order. We enforce the order.

(1) CPC asserts that the statute of limitations bars this proceeding because the unfair labor practice occurred April 6, 1996, and the Union filed charges April 2, 1997, but the time for filing a complaint based upon an unfair labor practice is six months. See NLRA § 10(b), 29 U.S.C. § 160 (b). However, as the parties agree, the period does not start to run against a union until it receives actual or constructive notice. SAS Elec. Servs., Inc., 323 NLRB 1239 , 1253 (1997); John Morrell & Co., 304 NLRB 896 , 899 (1991). 1 Here, notice was given to a union steward, but that was not notice to the Union, unless he…