UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT WENDT CORPORATION Petitioner/Cross-Respondent v.

: Nos.20-1319 20-1328 NATIONAL LABOR RELATIONS BOARD Respondent/Cross-Petitioner JUDGMENT Before: PILLARI and WILKiNS, Circuit Judges and EDWARDS, Senior Circuit Judge. THIS CAUSE came to be heard upon

a petition filed by Wendt Corporation to review an Order of the National Labor Relations Board dated July 29, 2020, in Case Nos. 03-CA-2 12225, 03-CA-22099$ and 03-CA-223 594, reported
at 369 NLRB No. 135, and upon
a cross-application filed by the National Labor Relations Board to enforce said Order. The Court heard argument from the parties and has considered the briefs and agency record filed in this cause. On March

1, 2022, the Court, being fully advised
in the premises, handed down its opinion granting Wendt Corporation’s petition
in part and granting
in part the Board’scrossapplication for enforcement.

In conformity therewith,

it is hereby ORDERED AND ADJUDGED
by the Court that Wendt Corporation,

its officers, agents, successors, and assigns, shall abide by the said order as modified by the Court. (See Attached Order and Appendix) Judge, United States Court of A peals for1-tfl Distric)t of.%olumbi Circuit 

# tUii Judge, United States Court of Appeals for the District of Columbia Circuit Ju5tg’e, United States Court of Appeals f/f the District of Columbia Circuit ENTERED:WENUT CORPORATION V. NATIONAL LABOR RELATIONS BOARD ORDER Wendt Corporation, Cheektowaga, New York, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Interrogating employees about their union sympathies. (b) Creating the impression that it is engaged
in surveillance
of its employees’ union or other protected concerted activities. (c) Informing

or implying

to employees that employees who support Shopmen’s Local Union No. 576 (the Union) will be laid off. (d) Threatening employees with reprisals
if they support the Union or any other labor organization. (e) Threatening employees with unspecified reprisals for wearing union insignia. (f) Instructing employees

to remove union insignia. (g) Instructing employees

to remove prounion photographs from social media. (h) Denying employees’ requests for union representation

at interviews that they reasonably believe can result in discipline. (1) Discriminating against employees for supporting the Union by delaying their performance reviews and wage increases, suspending them, assigning them to undesirable work, or denying them overtime. (j) Unilaterally changing the terms and conditions of employment
of its unit employees by mandating overtime, removing unit work and transferring it to supervisors,

or delaying their performance reviews and wage increases. (k) Refusing
to bargain collectively with the Union by failing and refusing
to furnish

it with requested information that is relevant and necessary
to the Union’s performance

of its functions

as the collective-bargaining representative

of the Respondent’s unit employees. 1(1) failing
to recognize and bargain with the Union as the exclusive representative

of employees

in the bargaining unit by refusing
to bargain regarding the retroactivity
of pay increases conferred

in 2018. (m) In any like or related manner interfering with, restraining,

or coercing employees

in the exercise of the rights guaranteed them by Section

7 of the Act. 2. Take the following affirmative action necessary
to effectuate the policies of the Act. (a) Make employees who were not timely provided their performance evaluations and wage increases, and Dennis Bush and William Hudson, whole for any loss of earnings and other benefits suffered
as a result of the Respondent’s unlawful conduct,
in the manner set forth in the remedy section of the judge’s decision
as amended
in this decision. (5) Compensate employees who were not timely provided their performance evaluations and wage increases, and Dennis Bush and William Hudson, for the adverse tax consequences,

if any, of receiving lump-sum backpay awards, and file with the Regional Director for Region
3, within 21 days of the date the amount of backpay

is fixed, either by agreement
or Board order,

a report allocating the backpay awards to the appropriate calendar years for these individuals. (c) Within 14 days from the date of this Order, remove from its files any reference
to the unlawful suspension
of Dennis Bush, and within

3 days thereafter notify him in writing that this has been done and that the suspension will not be used against him in any way. (d) Within 14 days from the date of this Order, remove from Dmytro Ruby’s 2018 performance review the language that he should focus on work, and within

3 days thereafter notify him in writing that this has been done. (e) Rescind its unlawful unilateral removal of unit work and restore the status quo ante with respect to any reductions

in the work performed
by unit employees due to the unlawful employment
of supervisors

to perform unit work. (f) Before implementing any changes
in wages, hours, or other terms and conditions
of employment
of unit employees, notify and, on request, bargain with the Union
as the exclusive collective-bargaining representative

of employees

in the following bargaining unit: 2All full-time and regular part-time janitors, welders, machine operators, maintenance mechanics, fitters, assemblers, painters, machinists, leadmen and shipping and receiving clerks employed by the Respondent

at its facility located
at 2555 Walden Avenue, Buffalo, New York 14225, but excluding office clerical employees, guards, professional employees, and supervisors

as defined in the Act. (g) On request, bargain with the Union regarding the retroactivity
of pay increases conferred
in 201$. (h) Furnish
to the Union in a timely manner the information requested by the Union since on about May 24, 201$, regarding the dates of performance reviews and wage increases
to nonunit employees. (i) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide
at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary
to analyze the amount of backpay due under the terms of this Order. (j)

Post at its facility
in Cheektowaga, New York, copies of the attached notice marked “Appendix.”25 Copies of the notice, on forms provided by the Regional Director for Region

3, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places, including all places where notices to employees are customarily posted. In addition
to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an Internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall 25 If the facility involved
in these proceedings

is open and staffed by a substantial complement
of employees, the notices must be posted within 14 days after service by the Region.
If the facility involved
in these proceedings

is closed due to the Coronavirus Disease 2019 (COVID-19) pandemic, the notices must be posted within 14 days after the facility reopens and a substantial complement
of employees have returned
to work, and the notices may not be posted until
a substantial complement of employees have returned
to work. Any delay in the physical posting of paper notices also applies to the electronic distribution
of the notice if the Respondent customarily communicates with its employees by electronic means 3be taken by the Respondent

to ensure that the notice
is not altered, defaced,
or covered by any other material.
If the Respondent has gone out of business
or closed the facility involved
in these proceedings, the Respondent shall duplicate and mail, at its own expense,

a copy of the notice to all current employees and former employees employed by the Respondent

at any time since September

1, 2017. (k) Within 21 days after service by the Region, file with the Regional Director for Region

3 a sworn certification
of a responsible official on a form provided by the Region attesting
to the steps that the Respondent has taken to comply.

4NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE To EMPLOYEES POSTED PURSUANT TO A JUDGMENT
OF THE UNITED STATES COURT OF APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist

a union Choose representatives

to bargain with us on your behalf Act together with other employees for your benefit and protection Choose not to engage in any of these protected activities. WE WILL NOT coercively interrogate you about your union sympathies. WE WILL NOT give you the impression that we are engaged
in surveillance
of your union or other protected concerted activities. WE WILL NOT inform you or imply to you that employees who support Shopmen’s Local Union No. 576 (the Union) will be laid off. WE WILL NOT threaten you with reprisals
if you support or show support for the Union or any other labor organization. WE WILL NOT threaten you with unspecified reprisals for wearing union insignia. WE WILL NOT instruct you to remove union insignia. WE WILL NOT instruct you to remove prounion photographs from social media. WE WILL NOT deny your requests for union representation

at interviews that you reasonably believe can result in discipline. WE WILL NOT discriminate against you for supporting the Union by delaying your performance reviews and wage increases, suspending you, assigning you to undesirable work, or denying you overtime. WE WILL NOT change your terms and conditions
of employment
by delaying your performance reviews and wage increases, mandating overtime,
or removing unit

# work and transferring

it to supervisors,

or otherwise change your terms and conditions
of employment without first notifying the Union and giving

it an opportunity

to bargain. WE WILL NOT 

# refuse to bargain collectively with the Union by failing and refusing to furnish

it with requested information that is relevant and necessary
to the Union’s performance
of its functions

as the collective-bargaining representative

of our unit employees. WE WILL NOT 

# fail to bargain with the Union as the exclusive representative

of our employees

in the bargaining unit by refusing
to bargain regarding the retroactivity of pay increases conferred
in 201$. WE WILL NOT 

# in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL 

# make Dennis Bush, William Hudson, and employees who were not timely provided their performance evaluations and wage increases whole for any loss of earnings and other benefits suffered
as a result of our unlawful conduct, plus interest. WE WILL 

# compensate employees who were not timely provided their performance evaluations and wage increases, and Dennis Bush and William Hudson, for the adverse tax consequences,

if any, of receiving lump-sum backpay awards, and WE 

# WILL file with the Regional Director for Region
3, within 21 days of the date the amount of backpay

is fixed, either by agreement
or Board order,

a report allocating the backpay awards to the appropriate calendar years for these individuals. WE WILL, 

# within 14 days from the date of the Board’s Order, remove from our files any reference
to the unlawful suspension
of Dennis Bush, and WE WILL, 

# within

3 days thereafter, notify him in writing that this has been done and that the suspension will not be used against him in any way. WE WILL, 

# within 14 days from the date of the Board’s Order, remove from Dmytro Ruby’s 2018 evaluation the language that he should focus on work, and WE WILL, 

# within

3 days thereafter, notify him in writing that this has been done. WE WILL 

# rescind our unlawful unilateral removal of unit work and restore the status quo ante with respect to any reductions

in the work performed by unit employees due to the unlawful employment
of supervisors

to perform unit work. WE WILL, 

# before implementing any changes
in wages, hours, or other terms and conditions
of employment
of unit employees, notify and, on request, bargain with the Union as the exclusive collective-bargaining representative

of our employees

in the following bargaining unit:

2All full-time and regular part-time janitors, welders, machine operators, maintenance mechanics, fitters, assemblers, painters, machinists, leadmen and shipping and receiving clerks employed by the Respondent

at its facility located at 2555 Walden Avenue, Buffalo, New York 14225, but excluding office clerical employees, guards, professional employees, and supervisors

as defined
in the Act. WE WILL, on request, bargain with the Union regarding the retroactivity
of pay increases conferred
in 2018. WE WILL provide the Union with the information that it requested since on about May 24, 2018, regarding the dates of performance reviews and wage increases
to nonunit employees. WENIT CoRPoRATIoN The Board’s decision can be found at www.nlrb.gov/case/03-CA-212225

or by using the QR code below. Alternatively, you can obtain

a copy of the decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940. 3UMTED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT WENDT CORPORATION Petitioner/Cross-Respondent v.

Nos. 20-1319 20-1328 NATIONAL LABOR RELATIONS BOARD Respondent/Cross-Petitioner CERTIFICATE
OF SERVICE I hereby certify that on March
7, 2022,

I electronically filed the foregoing document with the Clerk of the Court for the United States Court of Appeals for the District of Columbia Circuit using the appellate CM/ECF system.

I further certify that the foregoing document was served on all parties or their counsel of record through the appellate CMJECF system. /s/Ruth E. Burdick Ruth E. Burdick Deputy Associate General Counsel National Labor Relations Board 1015 Half St., S.E. Washington, D.C. 20570 Dated at Washington, D.C. this 7th day of March 2022