Autoworkers Local 73 (Mcdonnell Douglas)

National Labor Relations Board - Board Decisions

Dec 18, 1986

282 N.L.R.B. 466 (N.L.R.B. 1986)

466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Union , United Automobile , Aerospace
and Agricultural Implement Workers of Amer-
ica (UAW), AFL-CIO, LOCAL 731 (McDon-
nell Douglas Corporation) and Robert G. Fry
Jr.
International Union , United Automobile , Aerospace
and Agricultural Implement Workers of Amer-
ica (UAW), AFL-CIO, Local 1092 and Robert
G. Fry Jr. Cases 16-CB-2372, 16-CB-2396,
16-CB-2373, and 16-CB-2397
18 December 1986
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN, BABSON, AND STEPHENS
On 30 May 1985 Administrative Law Judge
Richard J. Linton issued the attached decision. The
Respondents filed exceptions and a supporting
brief, and the General Counsel filed a brief in sup-
port of the judge's decision.
The Board has considered the decision and the
record in light of the exceptions and briefs and has
decided to affirm the judge' s rulings, findings, and
conclusions2 and to adopt his recommended Order.
In adopting that provision of the judge's recom-
mended Order requiring that the Respondents ex-
punge from their governing documents the portion
of their International union's constitution contain-
ing the unlawful restriction on resignations, we em-
phasize the following reasons.
In Machinists Local 1414 (Neufeld Porsche Audi),
270 NLRB 1330 (1984), the Board found that a
local union had violated the Act by fining an em-
ployee for returning to work during a strike after
he had resigned his membership. The employee
had been fined because his resignation had violated
a provision in the local union's governing docu-
ments prohibiting such a resignation. That provi-
sion was also contained in its International's consti-
tution. As part of the remedy for the violation, the
Board ordered the respondent local union to "ex-
punge from its governing documents" the provision
in its International's constitution that unlawfully re-
' International Union, United Automobile, Aerospace and Agricultural
Implement Workers of America (UAW), AFL-CIO, appeared as a party-
in-interest.
2 We agree with the judge's conclusion that the Respondents violated
Sec. 8(bXl)(A) of the Act by failing to honor their members' resigna-
tions. See Typographical Union (Register Publishing), 270 NLRB 1386
(1984).
The judge did not make a specific finding that all of the fines levied by
the Respondents were unlawful to the extent that they were imposed for
the postresignation conduct of the affected employees . We find that the
fines imposed on the 94 employees who returned to work before resign-
ing were lawful to the extent that they covered preresignation conduct,
but that the Respondents violated Sec. 8(bXl)(A) of the Act by fining
those employees for their postresignation conduct . See Newspaper Guild
Local 3 (New York Times), 272 NLRB 338 (1984).
stricted the right of members of the local to resign.
The Board in Neufeld Porsche Audi relied on Engi-
neers & Scientists Guild (Lockheed-California Co).,
268 NLRB 311 (1983), in fording that a respondent
local union should be ordered to expunge an un-
lawful restriction on resignations, which was a part
of its International union 's constitution, from the
governing documents of the respondent local
union. In Lockheed California, however, the re-
spondent was the entity responsible for the consti-
tution rather than, as here and in Neufeld, an entity
adopting the constitutional provision of another.
Nonetheless, we ford that distinction not dispositive
in framing the remedy of Neufeld Porsche Audi that
we reaffirm.
As the Board stated in Neufeld Porsche-Audi:
[W]e are only ordering the Respondent [local]
to expunge the provision from its governing
documents including such documents of the
International that the Respondent may have
incorporated by reference and adopted as its
own. [Emphasis added.]s
Thus, as was the case in Lockheed-California, the
Board's order in Neufeld Porsche Audi required
action only from the entity alleged as the respond-
ent, and expunction only of those documents
within its own control. The unlawful provision
here, pursuant to the judge's recommended Order,
is to be expunged from those documents over
which the Respondent Locals have full control and
for which they, and not the parent International,
are responsible.
We further note, in providing this expunction
remedy, that the mere posting of a notice to mem-
bers, informing them that the Respondents will
cease to maintain and enforce the unlawful restric-
tion on resignations, would be insufficient to erase
the coercive effects of the unlawful provision.
Thus, retention of such a provision in the Respond-
ents' governing documents reasonably would have
the effect of restraining an employee wishing to
resign from the Union from doing so. Further, a re-
spondent union is only required to post the notice
to members for a period of 60 days, after which it
may, and in all likelihood will, remove the notice.
Consequently, employees who became members of
the Respondents after the notice had been removed
would be unaware that the restriction on resigna-
tions, which the Respondents have incorporated
into their local bylaws or other governing docu-
ments (copies of which are presumably given to
new members), is unenforceable and as a result
8 270 NLRB at 1336.
282 NLRB No. 64
AUTO WORKERS LOCAL 73 (MCDONNELL DOUGLAS) 467
they might be restrained from exercising their right
to resign at a later period.4
Accordingly, for all the reasons stated above, we
adhere to the expunction remedy set forth by the
Board in Neufeld Porsche-Audi and adopt the por-
tion of the judge's recommended Order in this case
requiring the Respondents to expunge the unlawful
provision from their governing documents.
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that the Respondents, Internation-
al Union, United Automobile, Aerospace and Agri-
cultural Implement Workers of America (UAW),
AFL-CIO, Local 73, and International Union,
United Automobile, Aerospace and Agricultural
Implement Workers of America (UAW), AFL-
CIO, Local 1093, Tulsa, Oklahoma, their officers,
agents, and representatives , shall take the action set
forth in the Order.
Fry Jr. (Fry or the Charging Party) on June 7 and July
31, 1984, against Local 73 in Cases 16-CB-2372 and 16-
CB-2396, respectively, and on June 7 and July 31, 1984,
against Local 1093, in Cases 16-CB-2373 and 16-CB-
2397, respectively. i
In the complaint the General Counsel alleges that Re-
spondents violated Section 8(b)(1)(A) of the Act in
March 19134 by imposing fines on various member-em-
ployees because they refused to honor picket lines of Re-
spondents at MDC and returned to work for MDC not-
withstanding that such member-employees had already
tendered valid resignations from membership in Locals
73 and 1093. The fines were based on a provision in the
constitution of the International Union (UAW or the
International).2 The General Counsel also alleges that
Respondents violated Section 8 (b)(1)(A) of the Act by
maintaining and enforcing this provision of the constitu-
tion.
By their answer Respondents admit certain factual
matters but deny violating the Act.
On the entire record, including my observation of the
demeanor of the witnesses , and after due consideration of
the briefs filed by the General Counsel, Respondents,
and the party-in-interest,3 I make the following
4 For the same reason , simply ordering the Respondents to notify their
members in writing that they will not enforce the unlawful provision is
an inadequate remedy as it would not inform those becoming members
after the notification date of this fact.
J. 0. Dodson, Esq., for the General Counsel.
James E Frasier, Esq. (Frasier & Frasier), of Tulsa, Okla-
homa, for UAW Locals 73 and 1093.
Robert G. Fry Jr., Esq. (Robert G. Fry Jr., and Associates),
of Tulsa, Oklahoma, for the Charging Party.
Jay Thomas Youngdahl, Esq. (Youngdahl & Larrison),
Little Rock, Arkansas, for the Party-in- Interest (with
brief filed by Jordan Rossen, general counsel, and Mi-
chael B. Nicholson, associate general counsel, of the
UAW, Detroit, Michigan).
DECISION
STATEMENT OF THE CASE
RICHARD J. LINTON, Administrative Law Judge. This
case involves fines assessed by Respondents, Internation-
al Union, United Automobile, Aerospace and Agricultur-
al Implement Workers of America (UAW), AFL-CIO,
Local 73 (Local 73) and International Union, United
Automobile, Aerospace and Agricultural Implement
Workers of America (UAW) AFL-CIO, Local 1093
(Local 1093), against 106 members who crossed union
picket lines and returned to work for McDonnell Doug-
las Corporation (the Employer or MDC) during a strike.
Twelve of the members resigned their membership
before they returned to work, but 94 did not resign until
after they returned to work.
The case was tried before me in Tulsa, Oklahoma, on
February 19, 1985, pursuant to the August 13, 1984
amended consolidated complaint issued by the Acting
General Counsel of the National Labor Relations Board
through the Regional Director for Region 16. The com-
plaint is based on charges filed by Attorney Robert G.
FINDINGS OF FACT
1. JURISDICTION
McDonnell Douglas Corporation, a Maryland corpo-
ration with a facility in Tulsa, Oklahoma, manufactures
and sells , at nonretail , aircraft and aerospace compo-
nents. During the past 12 months MDC purchased and
received at its Tulsa, Oklahoma facility, goods and mate-
rials valued in excess of $50,000 directly from points out-
side the State of Oklahoma. MDC, I find, is an employer
within the meaning of Section 2(2), (6), and (7) of the
Act.
H. LABOR ORGANIZATION INVOLVED
Respondents Locals 73 and 1093 admit, and I find, that
each is a labor organization within the meaning of Sec-
tion 2(5) of the Act.
111. ALLEGED UNFAIR LABOR PRACTICES
A. Facts
1. Provision of the UAW's constitution
Most of the facts are undisputed. The pleadings estab-
lish that at all times material Respondents Locals 73 and
1093 each maintained and enforced the following provi-
sion of the UAW's constitution:
i All dates are 1984 unless otherwise indicated
2 The International is named in the pleadings only as party-m-interest.
It appeared in the proceeding , and at the hearing it was represented by
counsel diflerent from the attorney representing Locals 73 and 1093. The
General Counsel does not seek any remedial order against the UAW
a The Charging Party did not file a brief The brief for the party-in-
interest was filed by the UAW's staff attorneys rather than by the counsel
who represented the UAW at the hearing . The General Counsel attached
to his brief a proposed order and notice
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Article 6, Membership
Section 17
A member may resign or terminate membership
only if s/he is in good standing, is not in arrears or
delinquent in the payment of any dues or other fi-
nancial obligation to the International Union or to
her/his-Local Union and there are no charges filed
and pending against her/him. Such resignation or
termination shall be effective only if by written
communication, signed by the member and sent by
registered or certified mail, return receipt requested,
to the Financial Secretary of the Local Union
within the ten (10) day period prior to the end of
the fiscal year of the Local Union as fixed by this
Constitution, whereupon it shall become effective
sixty (60) days after the end of such fiscal year; pro-
vided that if the employer of such member has been
authorized either by such member individually or
by the Collective Bargaining Agreement between
the employer and the Union to check off the mem-
bership dues of such member , then such resignation
shall become effective upon the effective termina-
tion of such authorization, or upon the expiration of
such sixty (60) day period, whichever is later.
2. Stipulations
At the hearing the parties stipulated many of the facts.
The stipulations include the ' following ' as summarized
from Joint Exhibit 1:
From October 17, 1983, to January 23, 1984, Re-
spondent Local, 73 and Respondent Local 1093
were continuously engaged in a strike against MDC
at its Tulsa facility, and as part of their strike activi-
ty picketed MDC's facility at 200 North Memorial
Drive in Tulsa, Oklahoma.
During the course of the strike, certain of MDC's
employees who were members of Locals 73 and
1093 abandoned the strike and returned to work for
MDC. These employees submitted letters of resig-
nation to Locals 73 and 1093, some prior to and
some subsequent to returning to work.
On various dates during March 1984, the employ-
ees who abandoned the strike, returned to work,
and submitted resignation letters to Locals 73 and
1093, were tried, after notice and representation by
counsel, by Locals 73 and 1093, and each of the em-
ployees was fined $100 plus an additional $50 a day
for each day the employee worked for MDC during
the strike. In addition, the employees were suspend-
ed from union membership for 2 years unless their
fines were paid within a specified period of time.
The daily penalties were assessed both for days
worked before and after Locals 73 and 1093 re-
ceived the letters of resignation.,
Locals 73 and 1093 levied the fines described
above because the employees who abandoned the
strike, submitted resignation letters, and returned to
work did not honor, the picket lines of Locals 73
and 1093 and returned to work without complying
with the resignation provisions of Article 6, Section
17, of the UAW's constitution.
Further stipulations disclose that 22 members of Local
73 and 84 members of Local 1093 are covered by the
foregoing stipulated facts . Nearly all the resignation let-
ters were sent by certified mail, but a few (about 16)
were delivered in other ways, including registered mail,
hand delivered in person or by an attorney, or by regular
or special delivery mail (Jt. Exh. 1). The stipulated
names and date facts are:
Name
Date
Resignation
Letter
Received
Returned to
Work During
Strike
Local 73
Carol A. Ballman ...........................
Billie Jean Behl ..............................
R. M. Balduc ..................................
Linda M. Brierly ............................
Cynthia Campbell ..........................
Erma Cherry ..................................
James L. Clift.....
Teresa Dalton .................................
William H. Dalton Jr .....................
Peggy Frazier .................................
Nancy Fultner ................................
Kenneth D. Harris .................... .:...
Billie M. Knight .............................
Charles O. Lackey .........................
Mary C. Layton .............................
Mildred Lowe .:..............................
Bulah L. Majors .............................
Karen J. Martin ..............................
Jack D. Morgan .............................
Sondra ,G. Peerson ........................
Phyllis Steward Thomas ...............
Connie Wright ................................
12-16-83
12-20-83
12-16-83
12-21-83
12-21-83
12-17-83
1-9-84
12-23-83
12-23-83
1-3-84
12-19-83
12-16-83
12-17-83
12-16-83
12-21-83
12-5-83
12-17-83
12-21-83
12-17-83
1-3-84
12-21-83
12-21-83
12-15-83
12-14-83
12-15-83
12-14-83
11-14-83
12-16-83
1-5-84
12-16-83
12-16-83
1-3-84
12-16-83
11-7-83
12-19-83
12-15-83
1-29-83
1-28-83
12-16-83
12-16-83
12-16-83
1-4-84
12-5-83
12-16-83
Local 1093
Mildred L. Abbett .......................... 12-30-83
Harold C . Amenhauser .................. 12-21-83
Hassan Serhan Ahmed ................... 12-30-83
K. E. Archibald .............................. 1-3-84
Anthony Ballone ............................ 1-10-84
Doris Barclay ................................. 12-21-83
Patsy S . Batchlear .......................... 12-19-83
Mary J. Beach ................................ 12-21-83
Mary R. Beach ............................... 12-19-83
Betty Benson .................................. 12-16-83
D. K. Bippus .................................. 12-19-83
Billy Joe Bowling .......................... 12-23-83
Charles L . Brashers ....................... 12-23-83
Elmer Broaddrick .......................... 12-14-83
A. J. Brock ..................................... 12-22-83
James R. Brock .............................. 12-19-83
Marvin Brown ................................ 12-23-83
James T: Bullard ............................ 12-19-83
E. R. Burrell ................................... 12-30-83
Luis J. Calaza ................................. 12-17-83
Arley W. ' Cohoon .......................... 12-16-83
Verginia D. Cooper ....................... 12-19-83
George E. Coyle ............................ 1-5-84
12-16-83
11-21-83
1-15-83
10-17-83
1-9-84
1-21-83
11-21-83
12-15-83
12-15-83
11-15-83
12-16-83
11-14-83
11-16-83
12-14-83
10-25-83
11-14-83
11-7-83
12-16-83
12-15-83
12-16-83
12-16-83
11-17-83
1-4-84
AUTO WORKERS LOCAL 73 (MCDONNELL DOUGLAS) 469
ame
Date
Resignation Returned to
Work DuringLetter
Received Strike
Ann M. Cravens ....................... 12-19-83 11-21-83
Dean E. Denny .............................. 12-30-83 12-15-83
Norman L. DeWig ................... 12-19-83 11-21-83
George Emigh ................................ 12-19-83 12-15-83
Floyd Engle ................................... 12-21-83 12-13-83
Nola J . Fullbright .......................... 12-19-83 12-16-83
Marcus P. Fultz .............................. 12-17-83 11-21-83
Bailey B. Golden ............................ 12-20-83 11-22-83
Glen D. Hallock ........................... . 12-19-83 12-15-83
H. M. Hammond .......................... 1-4-84 1-4-84
Floyd C. Hannah Jr ....................... 12-20-83 12-15-83
Thomas J. Harris ............................ 12-19-83 12-16-83
Weldon Harris ............................... 12-22-83 12-12-83
Arnold W. Henning Jr .................. 1-19-84 1-16-84
Chester H. Hill ............................... 1-6-84 1-4-84
Moms J. Hill Jr............................. 12-16-83 12-15-83
Albert S. Hinshaw ......................... 12-19-83 11-21-83
Clyde Holt ...................................... 12-23-83 11-28-83
Jay M. Homblin ............................. 12-15-83 12-15-83
Hubert H. Horn .............................. 1-12-84 1-11-84
Carl S Howard .............................. 1-3-84 12-16-83
Leon E. Hudson ............................. 12-16-83 12-16-83
L. W. Jacks ..................................... 12-21-83 12-16-83
Bruce Jaggers ................................. 12-19-83 11-8-83
Maxine M. Johnson ....................... 12-27-83 12-15-83
David S. Jones ............................... 12-15-83 12-16-83
John R. Jones ................................ 12-16-83 12-13-83
Robert J. Kuehn ............................. 12-20-83 12-15-83
Virginia H. Mathis ....................... 1-5-84 1-4-84
Sam McCall ................................... 1-4-84 1-6-84
Margie McElroy ......................... 12-19-83 12-15-83
Nancy McTague ........................... 12-19-83 11-22-83
Franklin J. Miles ........................... 12-15-83 11-8-83
Leslie E Miller ............................ 1-6-84 1-4-84
James Raymond Millsap ................ 12-16-83 11-28-83
John Maldomado .................... . 1-4-84 1-4-84
David Moore ............. ................. 12-23-83 11-29-83
Tommy B. Moore .......................... 12-17-83 12-16-83
John R. Morgan ........................... 1-5-84 1-4-84
Edwin B. Nickel ........................... 12-28-83 12-15-83
John R. O'Grady .......................... 12-30-83 12-16-83
Susan E. Parker .......... .......... 12-21-83 11-21-83
Robert E. Price ........................ 12-16-83 12-12-83
Carl R. Reed .......... .................. 12-23-83 12-19-83
Jose M . Sandoval ...................... 12-15-83 11-30-83
Ten E. Schutt ................................ 12-30-83 12-13-83
Charles H. Schultz .. ............. 12-20-83 12-14-83
Mary H. Shaffer ....................... 12-29-83 1-4-84
Monty J. Stanley ....................... 12-23-83 12-16-83
Joe W. Sunderwirth .... .............. 12-20-83 12-16-83
Frank M. Taft .......................... 12-23-83 12-16-83
Earl V. Thoelke ...................... 12-23-83 11-30-83
Daniel K . Ting .................... .... . 12-23-83 11-28-83
Bill M. Torres ................................ 12-20-83 12-13-83
John W. Urchison ...... ................ 12-21-83 12-15-83
Donald J. Warner ...... .... .... . 12-27-83 11-29-83
John Watson .................................. 1-16-84 1-10-84
Donald A Wattenbarger ............... 12-30-83 12-16-83
Richard F. W icar .......................... 12-16-83 12-5-83
Lloyd P. Williams . ......................... 12-23-83 11-14-83
Kenneth Leroy Wilson ............... 12-22-83 11-28-83
As can be seen , 22 striker-members of Local 73 re-
turned to work during the strike . The number for Local
1093 is 84, with the total for both Respondents being
106. Most of the 106 strikers returned to work before the
unions received the resignation notices . The time lag
ranges from a day to about 6 weeks. Thus, the strikers
fall into two groups . Group 1 consists of the strikers
who resigned before returning to work . Group 2 consists
of those who resigned after they had returned to work.
Of the 22 names listed as having resigned from Local
73, only 3 resigned before returning to work. That is,
Local 73 received the resignation letters on or before the
date that these three returned to work . The three are
Peggy Frazier , Billie M. Knight , and Sondra G. Peer-
son.4 Frazier's letter was received the same date she re-
turned to work , January 3 , 1984, whereas the letters of
Knight and Peerson were received 1 or 2 days before
they returned to work. Local 73 did not show that Fra-
zier's letter was received after (in terms of minutes or
hours) Frazier returned to work.
Of the 84 striker-members of Local 1093 who returned
to work , 9 returned to work on or after the date they
submitted their membership resignations. Shown from
the list for Local 1093 , the nine in this Group 2 are:
Elmer Bioaddrick , Arley W. Cohoon , H. M. Hammond,
Jay M . Homblin , Leon E. Hudson , David S. Jones, John
Maldomado , Sam McCall , and Mary H . Shaffer.
Six of the nine returned to work on the same date on
which Local 1093 received their resignations . The other
three , David S . Jones, Sam McCall , and Mary H.
Shaffer , did not return to work until 1 to 6 days after
Local 1093 had received their resignations . This leaves
75 strikers in Group 2 for Local 1093.
The parties stipulated that if the resignation letters and
notices were effective, then the effective dates of the res-
ignations are the dates shown on Joint Exhibit 1 as the
dates the Unions received the resignations letters and no-
tices (Tr. 46-47).5 One exception to this is David S.
Jones who is shown as verbally giving his notice at the
union hall of Local 1093 on December 15, 1983 . Because
the UAW 's fiscal year assertedly (the provision is not in
evidence) ends on December 31, Respondents argue that,
at the earliest, the resignations could not be effective
until March 1, 1984, well after the termination of the
strike (Br. 11). This argument does not conflict with the
stipulation. Respondents do not concede that the resigna-
tions were effective on the dates shown in the two lists.
However , if the Board or the courts find that the resig-
nations were effective , notwithstanding Respondents'
legal arguments, then according to the stipulation, the
resignations were effective on the dates the unions re-
ceived such notices. (Tr. 46-47.)
David S . Jones was the only person called as a witness
during the hearing .6 As Jones asked for a withdrawal
4 Their names are on the list shown above for Local 73.
B References to the one -volume transcript are by volume and page
6 Hubert H Horn, listed in the group of 84 from Local 1093, also testi-
fied concerning the date he mailed his resignation The letter apparently
was found during the hearing , and the General Counsel's unopposed
motion to sinke Horn's testimony was granted (Tr 42-43 )
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
card rather than submitting a resignation letter, the par-
ties agree that the effect of what transpired on his re-
quest must be determined . (Tr. 33-35.) The General
Counsel contends that the effect of the action was a res-
ignation, whereas Local 1093 argues that there was no
resignation.
3. The withdrawal by David S. Jones
For 28 years David S. Jones has worked for MDC,
and during most of that time he has been a member of
Local 1093 . He participated in the strike from the first
day. On December 14, 1983, he concluded that Local
1093 was not going to receive any better offer from
MDC, and he decided to withdraw from the Union. (Tr.
25.) He did not withdraw on that date, however, because
he had made a commitment to walk picket that night.
(Tr. 30.)
The next day, Thursday, December 15, 1983, Jones
went to the union hall and requested an honorary with-
drawal card. He did not answer the clerk's question of
whether he was working for someone else. (Tr . 23.) He
did not answer because he was apprehensive about what
he perceived to be a feeling of animosity at Local 1093
toward those who resigned , or wanted to resign, from
the Union, and he feared for his safety if those at the
union hall learned that he planned to return to work.
(Tr. 31.)
Jones testified that he was somewhat familiar with the
union constitution, that he intended to resign from the
Union, and that he had not decided whether his resigna-
tion would be temporary or permanent . (Tr. 27, 29.) Al-
though he testified that he understood that his withdraw-
al meant he was no longer a member of Local 1093, and
therefore not subject to union discipline (Tr. 26), he was
not asked why he chose to obtain a withdrawal rather
than to submit a resignation as other strikers were doing.
Moreover, the parties failed to offer the portions of the
UAW's constitution and Local 1093's bylaws, which pre-
sumably bear on withdrawals and their effect.
The withdrawal card (G.C. Exh. 2) that Jones ob-
tained on December 15 contains no statement that the
withdrawal means that the person is no longer a member
of the Union or that his status is limited membership
rather than full membership.
Fry did offer certain provisions of the UAW's consti-
tution pertaining to trials of members . One provision in
article 31 , section 2, makes reference to internal union
charges preferred against a person because of acts com-
mitted while the person was "out of the Union on with-
drawal card, shall be submitted within sixty (60) days
from the time of the deposit of her/his withdrawal
card." (C.P. Exh. 5.) Thus, it appears that the effect of a
withdrawal is the resignation of membership, and in the
absence of provisions of the UAW's constitution and
Local 1093's bylaws indicating, otherwise, I so find.
Teamsters Local 579 (Northern Conveyor), 274 NLRB 100
fn. 1 (1985). In Northern Conveyor the relevant docu-
ments were made part of the record, and the Board
relied solely on the express language in the bylaws and
the withdrawal card equating withdrawal status with res-
ignation.
In view of the foregoing, I find that Jones had re-
signed from membership in Local 1093 the day before he
returned to work for MDC on December 16, 1983.7
B. Analysis and Conclusions
Overturning certain case law on which Respondents
rely, the Board- held in 1984 that any restriction a union
may impose on a member's right to resign is invalid. Ma-
chinists Local 1414 (Neufeld Porsche Audi), 270 NLRB
1330 (1984). It has reaffirmed that position with emphasis
in Sheet Metal Workers Local 73 (Safe Air), 274 NLRB
374 (1985), and other cases . 8 Until a member resigns,
however, he is subject to lawful rules of his union. Thus,
the 12 members who resigned before returning to work
(including those who returned the same day) were not
subject to discipline, and Respondents' imposition of dis-
cipline concerning them violated Section 8(b)(1)(A) of
the Act.
Regarding the other 94 who crossed the picket lines
and returned to work before resigning, the discipline im-
posed on them for their resignation conduct was not ille-
gal because it addressed conduct committed by them
while they were still union members. Newspaper Guild
Local 3 (New York Times), 272 NLRB 338 (1984).9 Nev-
ertheless , the failure of Respondents to honor the resig-
nation does constitute a violation of Section 8(b)(1)(A) of
the Act, and Respondents must be ordered to honor the
resignations and to post a notice. UAW Local 449 (Na-
tional Metalcrafters), JD-28-85 (Jan. 31, 1985), by Ad-
ministrative Law Judge Claude R. Wolfe, pending deci-
sion by the Board . Until the Board rules , of course,
Judge Wolfe's decision is not binding.
CONCLUSIONS OF LAW
1. McDonnell Douglas Corporation is an employer en-
gaged in commerce within the meaning of Section 2(2),
(6), and (7) of the Act.
2. Local 73 and Local 1093 are labor organizations
within the meaning of Section 2(5) of the Act.
3. By maintaining and enforcing the following provi-
sion of the UAW's constitution, Locals 73 and 1093 have
violated Section 8(b)(1)(A) of the Act:
Article 6, Membership
Section 17
A member may resign or terminate membership
only if s/he is in good standing, is not in arrears or
delinquent in the payment of any dues or other fi-
nancial obligation to the International Union or to
her/his Local Union and there are no charges filed
v Jones testified that he had been a good union member and in good
conscience could not cross the picket line while still a member of the
UAW. (Ti. 25-26.)
8 A recent student note by J. Mark Gidley gives a good review of the
legislative history and the past and current cases in this controversial
area. See Notes, A Union 's Right to Control Strike-Period Resignations, 85
Colum. L. Rev. 339 (1985). No approval of the conclusions set forth in
the note is implied here.
8 Although the complaint alleges that all strikers tendered their resig-
nations before they crossed the picket lines, we know from the stipulated
facts that such is accurate only for 12 of the 106 listed strikers.
AUTO WORKERS LOCAL 73 (MCDONNELL DOUGLAS) 471
and pending against her/him. Such resignation or
termination shall be effective only if by written
communication , signed by the member and sent by
registered or certified mail, return receipt requested,
to the Financial Secretary of the Local Union
within the ten (10) day period prior to the end of
the fiscal year of the Local Union as fixed by this
Constitution, whereupon it shall become effective
sixty (60) days after the end of such fiscal year; pro-
vided that if the employer of such member has been
authorized either by such member individually or
by the Collective Bargaining Agreement between
the employer and the Union to check off the mem-
bership dues of such member, then such resignation
shall become effective upon the effective termina-
tion of such authorization, or upon the expiration of
such sixty (60) day period, whichever is later.
4. By imposing discipline, including fines, on the
below-named strikers who resigned their membership
before they crossed Respondents' picket lines, Locals 73
and 1093 violated Section 8(b)(1)(A) of the Act:
Peggy Frazier
Billie M. Knight
Sondra G. Peerson
Local 73:
Local 1093
Elmer Broaddrick
Arley W. Cohoon
H. M. Hammond
Jay M . Homblin
Leon E. Hudson
David S. Jones
John Maldomado
Sam McCall
Mary H. Shaffer
5. These unfair labor practices affect commerce within
the meaning of Section 2(6) and (7) of the Act.
6. By imposing fines on strikers who crossed Respond-
ents' picket lines before the strikers resigned their mem-
bership , Respondents did not violate Section 8(b)(1)(A)
of the Act.
THE REMEDY
Having found that Respondents have engaged in these
unfair labor practices , I will order them to cease and to
take certain affirmative action designed to effectuate the
policies of the Act.
Respondents must be ordered to cease maintaining and
enforcing article 6, section 17 of the UAW's constitution,
and to rescind all the fines levied against each of the 12
striker-members who resigned before returning to
work, t ° and Respondents also will be ordered to rescind
10 Respondents must reimburse them , with interest , for any money
they have paid toward satisfaction of the fines. Glass & Pottery Workers
Local 185 (Liberty Glass), 273 NLRB 198 (1984)
the fines for the 94 others to the extent that such fines
reflect a penalty for postresignation crossing of the
picket lines . Newspaper Guild Local 3 (New York Times),
272 NLRB 338 (1984).
The stipulated facts show that the affected employees
were fined $50 a day for each day of the strike, and that
daily penalties were incurred for both preresignation and
postresignation days. Calculation of the postresignation
days, and the total penalties assessed to each affected
striker, will be made in the compliance stage.
Respondents will be ordered to notify each of the 106
strikers of groups 1 and 2 in writing that their resigna-
tions are deemed effective on the specified date shown
for that striker on the stipulated list.
To the extent that any fines have been paid, in whole
or in part, which must be refunded, Respondents will
pay interest on the money received. Interest shall be
computed in the manner prescribed in Florida Steel
Corp., 231 NLRB 651 (1977). See generally Isis Plumbing
Co., 138 NLRB 716 (1962).
On these findings of fact and conclusions of law and
on the entire record, I issue the following recommend-
edtt
ORDER
The Respondents, International Union, United Auto-
mobile , Aerospace and Agricultural Implement Workers
of America (UAW), AFL-CIO, Local 73 and Interna-
tional Union, United Automobile, Aerospace and Agri-
cultural Implement Workers of America (UAW), AFL-
CIO, Local 1093, Tulsa, Oklahoma, their officers , agents,
and representatives, shall
1. Cease and desist from
(a) Maintaining in their governing documents article 6,
section 17, of the constitution of the International Union,
United Automobile, Aerospace and Agricultural Imple-
ment Workers of America (UAW), AFL-CIO, to the
extent it provides:
Article 6, Membership
Section 17
A member may resign or terminate membership
only if s/he is in good standing, is not in arrears or
delinquent in the payment of any dues or other fi-
nancial obligation to the International Union or to
her/his Local Union and there are no charges filed
and pending against her/him. Such resignation or
termination shall be effective only if by written
communication, signed by the member and sent by
registered or certified mail, return receipt requested,
to the Financial Secretary of the Local Union
within the ten (10) day period prior to the end of
the fiscal year of the Local Union as fixed by this
Constitution, whereupon it shall become effective
sixty (60) days after the end of such fiscal year; pro-
If no exceptions are filed as provided by Sec 102.46 of the Board's
Rules and Regulations , the findings, conclusions, and recommended
Order shall, as provided in Sec. 102 48 of the Rules, be adopted by the
Board and all objections to them shall be deemed waived for all pur-
poses.
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vided that if the employer of such member has been
authorized either by such member individually or
by the Collective Bargaining Agreement between
the employer and the Union to check off the mem-
bership dues of such member , then such resignation
shall become effective upon the effective termina-
tion of such authorization, or upon the expiration of
such sixty (60) day period, whichever is later.
(b) Restraining or coercing employees who have re-
signed from, and are no longer members of, Respondents
in the exercise of the rights guaranteed them by Section
7 of the Act by imposing court-collectible fines or other
sanctions and penalties on such employees because of
their postresignation conduct in working at McDonnell
Douglas Corporation during the strike that began on Oc-
tober 17, 1983, or by failing to honor their resignations
from membership.
(c) In any like or , related manner interfering with, re-
straining, 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) Remove from their governing documents the por-
tion of article 6, section 17, of the constitution of the
International Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW),
AFL-CIO, set forth above.
(b) Remove from their files any reference to the
charges and disciplinary action taken against the follow-
ing employees, and notify each in writing that this has
been done, and rescind in total the fines levied against
them because of their postresignation work for MDC
during the strike that began on October 17, 1983, and
refund, with interest, to them any money they have paid
on such unlawful fines:
Local 73
Billie Jean Behl
R. M. Dalduc
Linda M. Brierly
Cynthia Campbell
Erma Cherry
James L. Clift
Teresa Dalton
William H. Dalton Jr.
Nancy Fultner
Charles O. Lackey
Mary C. Layton
Mildred Lowe
Bulah L. Majors
Karen J. Martin
Jack D. Morgan
Phyllis Steward Thomas
Connie Wright
Peggy Frazier
Billie M. Knight
Sondra G. Peerson
Local 1093
Ebner Broaddrick
Arley W. Cohoon
H. M. Hammond
Jay M. Homblin
Leon E. Hudson
David S. Jones
John Maldomado
Sam McCall
Mary H. Shaffer
(c) Rescind the fines levied against the following addi-
tional employees to the extent such fines were imposed
on them because of their postresignation crossing of the
picket lines and return to work at MDC, and refund to
them any money they may have paid as a result of the
fines, with interest:
UAW Local 73
Carol A. Ballman Kenneth D. Harris
UAW Local 1093
Mildred L. Abbett Hubert H. Horn
Harold C.
Amenhauser Carl S. Howard
Hassan Serhan Ahmed L. W. Jacks
K. E. Archibald Bruce Jaggers
Anthony Ballone Maxine M. Johnson
Doris Barclay John R. Jones
Patsy S. Batchlear Robert J. Kuehn
Mary J. Beach Virginia H. Mathis
Mary it Beach Margie McElroy
Betty Benson Nancy McTague
D. K. Bippus Franklin J. Miles
Billy Joe Bowling Leslie E. Miller
Charles L. Brashers James Raymond Millsap
A. J. Brock David Moore
James R. Brock Tommy B. Moore
Marvin Brown John R. Morgan
James T. Bullard Edwin B. Nickel
E. R. Burrell John R. O'Grady
Luis J. Calaza Susan E. Parker
Verginia D. Cooper Robert E. Price
George E. Coyle Carl it Reed
Ann M. Cravens Jose M. Sandoval
Dean E. Denny Teri E. Schutt
Norman L. DeWig Charles H. Schultz
George Emigh Monty J. Stanley
Floyd Engle Joe W. Sunderwirth
Nola J. Fullbright Frank M. Taft
Marcus P. Fultz Earl V_ Thoelke
Bailey B. Golden Daniel K. Ting
Glen D. Hallock Bill M. Torres
Floyd C. Hannah Jr. John W. Urchison
Thomas J. Harris Donald J. Warner
Weldon Harris John Watson
Arnold W.
Henning Jr. Donald A. Wattenbarger
Chester H. Hill Richard F. Wicar
Morris J. Hill Jr. Lloyd P. Williams
Albert S. Hinshaw , Kenneth Leroy Wilson
Clyde Holt
(d) Notify each of the 22 strikers who resigned from
UAW Local 73 and the 84 who resigned from UAW
Local 1093 that his or her resignation is deemed effective
on the stipulated dates, and specify such date in the writ-
ten notice.
(e) Preserve and, on request, make available to the
Board or its agents for examination and copying, all pay-
roll records, social security payment records, timecards,
personnel records and reports, and all other records nec-
AUTO WORKERS LOCAL 73 (MCDONNELL DOUGLAS)
essary to analyze the amount of backpay due under the
terms of this Order.
(f) Post at their business offices and meeting halls in
Tulsa, Oklahoma, copies of the attached notice marked
"Appendix." 1 a Copies of the notice, on forms provided
by the Regional Director for Region 16, after being
signed by the Respondents ' authorized representative,
shall be posted by the Respondents immediately upon re-
ceipt and maintained for 60 consecutive days in conspic-
uous places including all places where notices to mem-
bers are customarily posted . Reasonable steps shall be
taken by the Respondents to ensure that the notices are
not altered, defaced, or covered by any other material .
(g) Sign and return to the Regional Director sufficient
copies of the notice for posting by McDonnell Douglas
Corporation , if willing , at all places where notices to em-
ployees are customarily posted.
(h) Notify the Regional Director in writing within 20
clays from the date of this Order what steps the Re-
spondents have taken to comply.
12 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading "Posted by Order of the Nation-
al Labor Relations Board" shall read "Posted Pursuant to a Judgment of
time United States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
APPENDIX
NOTICE To EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT maintain in our governing documents
article 6, section 17, of the constitution of the Interna-
tional Union, United Automobile, Aerospace and Agri-
cultural Implement Workers of America (UAW), AFL-
CIO, which reads as follows:
Article 6, Membership
Section 17
A member may resign or terminate membership
only if s/he is in good standing, is not in arrears or
delinquent in the payment of any dues or other fi-
nancial obligation to the International Union or to
her/his Local Union and there are no charges filed
and pending against her/him. Such resignation or
termination shall be effective only if by written
communication, signed by the member and sent by
registered or certified mail, return receipt requested,
to the Financial Secretary of the Local Union
within the ten (10) day period prior to the end of
the fiscal year of the Local Union as fixed by this
Constitution, whereupon it shall become effective
sixty (60) days after the end of such fiscal year; pro-
vided that if the employer of such member has been
473
authorized either by such -member individually or
by the Collective Bargaining , Agreement between
the employer and the Union to check off the mem-
bership dues of such member, then such resignation
shall become effective upon the effective termina-
tion of such authorization, or upon the expiration of
such sixty (60) day period, whichever is later.
WE WILL NOT restrain or coerce employees who have
resigned from, and are no longer members of, our labor
organizations in the exercise of the rights guaranteed
them by Section 7 of the Act by imposing fines on such
employees because of their postresignation conduct in
working at McDonnell Douglas Corporation during the
strike that began on October 17, 1983, or by failing to
honor their resignations from membership.
WE WILL NOT in any like or related manner restrain or
coerce employees in the exercise of rights guaranteed
them by Section 7 of the Act.
WE WELL expunge from our governing documents the
portion of article 6, section 17, of the constitution of the
International Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW),
AFL-CIO, set forth above.
WE WILL expunge from our files any reference to the
charges and disciplinary action taken against the follow-
ing and we will notify each in writing that this has been
done, and WE WILL rescind in total the fines levied
against them because of their postresignation work for
MDC during the strike that began on October 17, 1983,
and WE WILL refund to them any money they may have
paid as a result of such fines, plus interest:
Local 73
Peggy Frazier
Billie M. Knight
Sondra G. Peerson
Local 1093
Elmer Broaddrick
Arley W. Cohoon
H. M. Hammond
Jay M. Homblin
Leon E. Hudson
David S. Jones
John Maldomado
Sam McCall
Mary H. Shaffer
WE WILL rescind the fines levied against the following
additional employees to the extent we fined them be-
cause of their postresignation crossing of the picket lines
and return to work at MDC, and WE WILL refund to
them any money they may have paid as a result of the
fines, plus interest:
UAW Local 73
Carol A. Ballman Kenneth D. Harris
Billie Jean Behl Charles O. Lackey
R. M. Dalduc Mary C. Layton
Linda M. Brierly Mildred Lowe
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cynthia Campbell - Bulah L . Majors
Erma Cherry Karen J . Martin
James L. Clift Jack D . Morgan
Teresa Dalton Phyllis Steward Thomas
William H . Dalton Jr. Connie' Wright
Nancy Fultner
UAW Local 1093
Mildred L. Abbett ' Hubert H. Horn
Harold C.
Amehhauser
Hassan Serhan Ahmed
K. E. Archibald
Anthony Ballone
Doris Barclay
Patsy S. Batchlear
Mary J. Beach
Mary R. Beach
Betty Benson
D. K. Bippus
Billy Joe Bowling
Charles L. Brashers
A. J. Brock
James R. Brock
Marvin Brown
James T. Bullard
E. R. Burrell
Luis J. Calaza
Verginia D. Cooper
George E. Coyle
Ann M. Cravens
Carl S. Howard
L. W. Jacks
Bruce Jaggers
Maxine M. Johnson
John R. Jones
Robert J. Kuehn
Virginia H. Mathis
Margie McElroy
Nancy McTague
Franklin J. Miles
Leslie E. Miller
James Raymond Millsap
David Moore
Tommy B. Moore
John R. Morgan
Edwin B: Nickel
John R. O'Grady
Susan E. Parker
Robert E. Price
Carl R. Reed
Jose M. Sandoval
Dean E. Denny
Norman L. DeWig
George Emigh
Floyd Engle
Nola J . Fullbright
Marcus P. Fultz
Bailey B. Golden
Glen D. Hallock
Floyd, C. Hannah Jr.
Thomas J. Harris
Weldon Harris
Arnold W.
Henning Jr.
Chester H. Hill
Morris J. Hill Jr.
Albert S . Hinshaw
Clyde Holt
Teri E. Schutt
Charles H. Schultz
Monty J. Stanley
Joe W . Sunderwirth
Frank M. Taft
Earl V . Thoelke,
Daniel K. Ting
Bill M. Torres
John W. Urchison
Donald J. Warner
John Watson
Donald A. Wattenbarger
Richard F. Wicar
Lloyd P. Williams
Kenneth Leroy Wilson
WE WILL notify each of the 22 strikers who resigned
from UAW Local 73 and the 84 who resigned from
Local 1093 that his or her resignation is deemed effective
on the stipulated resignation date, and we shall specify
that date in the notification letters.
INTERNATIONAL UNION, UNITED AUTOMO-
BILE, AEROSPACE AND AGRICULTURAL IM-
PLEMENT WORKERS OF AMERICA (UAW),
AFL-CIO, LOCAL 73
INTERNATIONAL UNION, UNITED AUTOMO-
BILE, AEROSPACE AND AGRICULTURAL IM-
PLEMENT WORKERS OF AMERICA (UAW),
AFL-CIO, LOCAL, 1093