Carpenters Santa Clara Valley Council (Acme Fixture)

National Labor Relations Board - Board Decisions

Jan 17, 1989

292 N.L.R.B. 473 (N.L.R.B. 1989)

CARPENTERS SANTA CLARA VALLEY COUNCIL (ACME FIXTURE)
Santa Clara Valley District Council of Carpenters,
affiliated with the United Brotherhood of Car
penters and Joiners of America, AFL-CIO
(Acme Fixture Company, Inc) and R Wayne
Piercy and Matt Rutherford
Millmen and Industrial Carpenters Local Union 262
and Santa Clara Valley District Council of Car-
penters , both affiliated with the United Brother-
hood of Carpenters and Joiners of America,
AFL-CIO (Minton Company) and Robert
Cortez
Millmen and Industrial Carpenters Local Union 262
and Bay Counties District Council of Carpen
ters, both affiliated with the United Brother
hood of Carpenters and Joiners of America
AFL-CIO (S A Russo Window Frames, Inc)
and Gregg Mathews, Darnell Connor , R Wayne
Piercy, Peter Cutts Cases 32-CB-2822, 32-
CB-2846 32-CB-2879, 32-CB-2865, 32-CB-
2884, 32-CB-2874, 32-CB-2872, and 32-CB-
2878
January 17, 1989
DECISION AND ORDER
BY MEMBERS JOHANSEN, CRACRAFT, AND
HIGGINS
On September 28, 1988, Administrative Law
Judge Earldean V S Robbins issued the attached
decision Respondents Santa Clara Valley District
Council and Local 262 filed exceptions and sup
porting briefs
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel
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
conclusions and to adopt the recommended Order
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that the Respondents, Santa Clara
Valley District Council of Carpenters, San Jose,
California, Millmen and Industrial Carpenters
Local Union 262, San Jose , California , and Bay
Counties District Council of Carpenters , San Jose,
and Oakland, California , all affiliated with the
United Brotherhood of Carpenters and Joiners of
America, AFL-CIO, their officers , agents , and rep
resentatives , shall take the action set forth in the
Order
473
Ariel L Sotolongo Esq for the General Counsel
Paul D Supton Esq (Van Bourg Weinberg Roger & Ro
senfeld), of San Francisco , California for the Respond
ent
DECISION
STATEMENT OF THE CASE
EARLDEAN V S ROBBINS Administrative Law Judge
This case was heard before me in Oakland California on
April 25 and 27 and May 5 1988 The charge in Case
32-CB-2822 was filed by R Wayne Piercy an individual
(Piercy) and served on Santa Clara Valley District
Council of Carpenters affiliated with the United Broth
erhood of Carpenters and Joinersof America, AFL-CIO
(Respondent Santa Clara Valley) on October 29, 1987
The charge in Case 32-CB-2846 was filed by Matt Ruth
erford an individual (Rutherford), and served on Re
spondent Santa Clara Valley on December 7 1987 The
original charge in Case 32-CB-2879 was filed by Robert
Cortez, an individual (Cortez) on January 11 1988, and
served on Mill and Industrial Carpenters Local Union
262 affiliated with the United Brotherhood of Carpen
ters and Joiners of America AFL-CIO (Respondent
Local 262) on January 12 1988 A first amended charge
in Case 32-CB-2879 was filed by Cortez on February 22
1988, and served on Respondent Local 262 and Respond
ent Santa Clara Valley on February 23 1988
The charge in Case 32-CB-2865 was filed by Gregg
Mathews an individual (Mathews) on December 24
1987 and served on Respondent Local 262 and on Bay
Counties District Council of Carpenters, affiliated with
the United Brotherhood of Carpenters and Joiners of
America AFL-CIO (Respondent Bay Counties) on De
cember 29 1987 The charge in Case 32-CB-2884 was
filed by Mathews and served on Respondent Bay Coun
ties on January 19, 1988 The charge in Case 32-CB-
2872 was filed by Darrell Connor an individual on Jan
uary 4 1988, and served on Respondent Bay Counties on
January 5, 1988 An amended charge in Case 32-CB-
2872 was filed by Connor and served on Respondent
Local 262 and Respondent Bay Counties on February 4
1988 The original charge in Case 32-CB-2874 was filed
by Piercy and served on Respondent Local 262 on Janu
ary 7 1988 An amended charge in Case 32-CB-2874
was filed by Piercy and served on Respondent Local 262
and Respondent Bay Counties on January 19 1988 The
original charge in Case 32-CB-2878 was filed by Peter
Cutts an Individual (Cutts) on January 8 1988, and
served on Respondent Local 262 on January 11 1988 A
first amended charge in Case 32-CB-2878 was filed by
Cutts and served on Respondent Local 262 and Re
spondent Bay Counties on February 17, 1988
The amended consolidated complaint, which issued on
March 16 1988 alleges that Respondents have engaged
in unfair labor practices in violation of Section 8(b)(1)(A)
of the National Labor Relations Act (the Act) The prin
cipal issue herein is whether Respondent Santa Clara
Valley Respondent Local 262, and Respondent Bay
Counties (collectively called Respondents) violated Sec
tion 8(b)(1)(A) of the Act by charging certain individuals
292 NLRB No 56
474 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
with violating Respondents' internal union rules and
thereafter imposing fines on these individuals for crossing
a picket line after they resigned their membership in Re-
spondent Local 262.
On the entire record,' including my observation of the
demeanor of the witnesses, and after due consideration of
the posthearing briefs filed by the parties, I issue the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
At all times material , Acme Fixture Company, Inc.
(Acme), a California corporation with an office and
place of business in Oakland, California, has been en-
gaged in the manufacture and sale of industrial wood-
work. During calendar year 1986 Acme sold and shipped
goods or provided services valued in excess of $50,000
directly to customers located outside the State of Califor-
nia.
At all times material , Minton Company (Minton), a
California corporation with an office and place of busi-
ness in Mountain View, California, has been engaged in
the manufacture and nonretail sale and distribution of ar-
chitectural products and millwork, including wood and
stud doors, stud frames, and finished hardware. During
calendar year 1987 Minton, in the course and conduct of
its business operations, sold and shipped goods or provid-
ed services valued in excess of $50,000 directly to cus-
tomers located outside the State of California.
At all times material , El Cerrito Mill and Lumber Co.,
Inc. (El Cerrito), a California corporation with an office
and place of business in El Cerrito, California, has been
engaged in the operation of a retail and nonretail lumber-
yard and milling facility. During the calendar year 1986,
El Cerrito derived gross revenues in excess of $500,000
and purchased and received goods valued in excess of
$50,000 directly from suppliers located outside of the
State of California.
At all times material , Carl Fries, Carl Henken & Frank
Moreno d/b/a Matheny Sash & Door Co., Inc. (Math-
eny), a California partnership with an office and place of
business in Hayward, California, has been engaged in the
manufacture and nonretail sale of industrial woodwork.
At all times material , S. A. Russo Window Frames,
Inc. (Russo), a California corporation with an office and
place of business in Oakland, California, has been en-
gaged in the manufacture and retail and nonretail sale of
wood windows and frames.
At all times material , El Cerrito, Minton, Matheny,
Russo, and Acme have been members of Lumber and
Mill Employers Association (LAMEA), an association of
employers engaged in the lumber mill industry existing
for the purpose, at least in part, of representing its con-
stituent member-employers, including El Cerrito, Russo,
Acme, and Matheny, in collective-bargaining negotia-
tions with various labor organizations , including Re-
' Inadvertently I failed to rule on the admissibility of G.C. Exhs. 22A
and 22B. Respondent's objection to the receipt into evidence of these ex-
hibits is overruled, and G.C. Exhs. 22A and 22B are received into evi-
dence.
spondents, respecting the wages, rates of pay, hours of
employment, and other terms and conditions of employ-
ment of employees of the member-employers.
During the past 12 months, the constituent member-
employers of LAMEA, including Acme, Russo, El Cer-
rito, and Matheny, in the course and conduct of their
business operations, collectively purchased and received
goods or services valued in excess of $50,000 directly
from sellers or suppliers located outside the State of Cali-
fornia and collectively derived gross revenues in excess
of $500,000.
The complaint alleges, and I find, that Acme, Minton,
Russo, El Cerrito, Matheny, and LAMEA are now, and
have been at all times material, employers engaged in
commerce within the meaning of Section 2(2), (6), and
(7) of the Act.
II, LABOR ORGANIZATION
At all times material Respondent Santa Clara Valley
and Respondent Bay Counties have been voluntary asso-
ciations of labor organizations and have been organized
for the purpose, inter alia, of representing their members
in the negotiation and administration of various collec-
tive-bargaining agreements with various employers, in-
cluding Acme, Matheny, Minton, Russo, El Cerrito, and
other LAMEA member-employers.
The complaint alleges, Respondents admit, and I find
that Respondents Santa Clara Valley, Bay Counties, and
Local 262 each is now, and has been at all times materi-
al, a labor organization within the meaning of Section
2(5) of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICES`'
A. Background
All of the employers involved herein are members of
LAMEA and, with the exception of Minton, are in a
multiemployer bargaining group.3 Respondents and
LAMEA have been parties to several successive bargain-
ing agreements. The predecessor to the current agree-
ment was effective by its terms from May 1, 1981, to
May 1, 1987.
By letter dated February 21, 1987,4 LAMEA request-
ed modification of the agreement. Subsequent negotia-
tions were unsuccessful and beginning in June, Local 262
struck various employers in the LAMEA multiemployer
bargaining unit, including Acme, El Cerrito, Minton,
Matheny, and Russo. Minton was struck on about June 1
and the other employers were struck thereafter on vari-
ous dates in June.
2 The General Counsel's posthearing motion to withdraw par. 7 of the
complaint is granted.
3 Although Minton is a member of LAMEA, it withdrew from the
multiemployer bargaining unit effective May 1, 1987, and bargained indi-
vidually during the 1987 collective-bargaining negotiations.
* Unless otherwise indicated all dates are in 1987.
CARPENTERS SANTA CLARA VALLEY COUNCIL ( ACME FIXTURE)
B The Charges Against Adriel Acosta George
Banovich Wayne Piercy Matt Rutherford and Tony
Espinosa
The strike at Acme commenced on June 29 Acosta,
Banovich , Piercy , Rutherford , and Espinosa are all em
ployees of Acme Each of them signed similarly worded
letters of resignation from membership in Local 262 All
of the letters state that effective immediately the signer is
resigning from Local 262 and will maintain his financial
core union membership status in Local 262 by continuing
to pay the appropriate fees and dues
Piercy s letter of resignation was delivered to Local
262 by certified mail on June 30 Espinosa s resignation
letter was delivered on June 17 The resignation letters
signed by Banovich and Rutherford were sent to Local
262 by certified mail on June 29 and Acosta s resignation
was sent on June 30 However the resignation letters
were returned to Acosta Banovich and Rutherford by
the postal service with notations on the envelope that de
livery had been refused On July 21 at the request of the
employees , the returned letters were hand delivered to
the Local 262 office by Michael Leach, president of
Acme and his secretary
On November 12 Odus Howard , a representative of
Local 262, filed separate intraunion charges against
Piercy, Banovich, Acosta and Espinosa , alleging that
from June 22 through October 23 Espinosa and on Oc
tober 23, Acosta, Banovich, and Piercy, worked behind
an authorized picket line On December 17 Bay Counties
Council sent each of these four employees notification
that they had been charged with violating its trade rules
and the International constitution Attached was a copy
of the charge filed by Howard The notices also stated
that a teal would be held on these charges on January 6,
1988 On January 21 Bay Counties Council notified each
of these four employees by mail that each had been
found guilty and that fines had been imposed on them
Rutherford and Piercy each received notification from
Respondent Santa Clara Valley, on July 23 and Septem
ber 18 respectively that he had been charged with vio
lations of the International constitution and the Council
bylaws and that a trial would be held on the date specs
feed On November 16 Piercy and Rutherford were each
notified by Santa Clara Valley that he had been found
guilty and fined Rutherford and Piercy were each fined
$150 for violating Council bylaws and Piercy was fined
$500 for violating the International constitution all to be
held in abeyance for 1 year 5 Acosta , Espinosa and Ban
ovich were each fined $1050 by Respondent Bay Court
ties which included $50 for nonappearance at the hear
Ing Piercy was fined $2050 by Respondent Bay Counties
which included $50 for nonappearance at the hearing
Also $500 of this fine was to be held in abeyance if
Piercy attended six union meetings during the next year
6 The record does not establish whether Rutherford was fined for vio
lations of the International constitution
C The Charges Against Robert Cortez and Donald
Boire
475
Cortez and Boire are employed by Minton A letter re
signing from Local 262 was signed by Cortez and deliv
ered to Local 262 on August 11 Boire s resignation
letter was delivered to Local 262 on September 16 Both
of the letters stated that they were resigning effective im
mediately and that they would maintain financial core
membership by continuing to pay the appropriate dues
and fees On October 30 Santa Clara Valley notified
Cortez and Boire that they had been charged with vio
lating certain of its internal rules and that a date would
be set thereafter for a hearing By letter dated December
30, Santa Clara Valley notified Boire and Cortez that a
hearing had been set for January 13, 1988 Attached to
the Boire letter was a charge filed by Gordon Franco,
representative for Respondent Local 262, alleging that
the date of the violation was October 20 There is no
evidence in the record as to the date of the alleged
Cortez violation 6 Neither Boire nor Cortez was ever no
tlfied as to whether a hearing was in fact held or a ver
dict rendered or a fine imposed
D The Charge Against Darrel Connor
Connor is employed by El Cerrito On September 25
he attempted to deliver a resignation letter to Respond
ent Local 262 However the office was closed On Sep
tember 28 Connor returned to the union office paid his
back dues , and gave his resignation letter to the person
in the office who had received his dues On that same
date he mailed a copy of his resignation letter to Local
262 However the letter was returned , marked refused
On December 17 Bay Counties Council sent Connor a
letter stating he had been charged with violation of its
internal rules Attached thereto was a copy of a charge
filed by Local 262 alleging violations by Connor on
dates from October 2 through 31 The letter further
stated that a trial would be held on January 6 Connor
attended the hearing on January 6 and pleaded not guilty
in that he had resigned prior to crossing the picket line
Nevertheless , on January 21 Bay Counties Council in
formed Connor by letter that he had been found guilty
of the alleged violations and fined $2000
E The Charge Against Gregg Mathews
Mathews is employed by Russo His resignation letter
was sent to Local 262 by certified mail on June 9 and
delivered on June 15 On December 17 Bay Counties
Council, by letter advised Mathews that he had been
charged with violations of its internal rules and that a
trial would be held on January 6 Attached thereto was a
copy of a charge filed by Howard alleging violations on
October 23 At the January 6 trial Mathews was accused
of working behind a picket line He responded that he
was guilty of working behind a picket line By letter
6 Cortez testified that he disposed of both letters shortly after receiving
them However according to him he and Boire compared the letters re
ceived by them and they were identical In response to a subpoena coun
set for Respondent represented that no other letters concerning charges
filed against Cortez were in Respondents possession
476 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
dated January 21, 1988 Respondent Bay Counties in
formed Mathews that he had been found guilty of the al
leged violations and fined $1500 with $500 to be held in
abeyance if he attends six union meetings during the next
year
F The Charge Against Peter Cutts
Cutts is employed by Matheny He sent a resignation
letter by certified mail to Respondent Local 262 on Oc
tober 5 which was delivered on October 7 On Decem
ber 17 Respondent Bay Counties notified Cutts to appear
before a trial committee on January 6 to answer allega
tions contained in the attached charge, filed by Howard
on November 12 which alleged violations on October
23 By letter dated January 21 Bay Counties Council no
tified Cutts that he had been found guilty of the charged
violations and fined $1050 which included a $50 fine for
nonappearance before the trial committee
G Conclusions
It is well settled that a union cannot require a financial
coremember to do anything more than tender dues and
fees NLRB v General Motors Corp, 373 U S 734, 742-
743 (1963) Therefore a union cannot compel, by court
collectible fines a financial core member to support its
strike and any effort by a union to discipline financial
core members for actions subsequent to the receipt of
their financial core letters is violative of Section
8(b)(1)(A) of the Act Carpenters Local 470 (Tacoma
Boatbuilding), 277 NLRB 513 (1985)
The charges clearly show that Banovich Acosta
Espinosa Boire Connor, Mathews and Cutts were
charged with postresignation violations The citations
issued to Cortez Piercy and Rutherford by Respondent
Santa Clara Valley do not state when the alleged viola
tions occurred However Cortez first crossed the picket
line on the day his resignation was delivered to Local
262 Piercy and Rutherford were both employed at
Acme Picketing at Acme commenced on June 29
Piercy s resignation letter was mailed on June 27 and re
ceived by Local 262 on June 30 Rutherford s resignation
was mailed June 29 but delivery was refused by Local
262 Thus Piercy worked behind the picket line for no
more than 1 day and Rutherford for no more than 2 to 4
days Yet the citations issued to them 3 or 4 months later
give no indication that they were being charged only for
preresignation conduct In view of the fact that all the
other charges allege violations that had occurred only a
few days prior to the filing of the charge, I find it im
probable that Piercy and Rutherford were charged with
conduct that occurred 3 or 4 months previously Fur
ther, in the circumstances, Respondent Santa Clara
Valley had an obligation to affirmatively communicate to
Piercy and Rutherford if such were true that they were
being charged only with preresignation conduct Because
it failed to do so the employees could reasonably
assume and an inference can be supported, that they
were being charged with and fined for conduct that in
cluded postresignation occurrences
I therefore find that Piercy Rutherford Banovich
Acosta Espinosa, Cortez Boire Connor Mathews and
Cutts were all charged with and subsequently fined for
violations that occurred after Respondent Local 262 re
ceived or refused to accept delivery of their financial
core letters Contrary to Respondents argument it is im
material that some of the letters were delivered by the
Employer Even assuming arguendo that the Employers
asserted some undue influence on the employees, this
does not excuse Respondents conduct particularly since
Respondents made no effort to determine whether the
letters in fact reflected the wishes of the employees It is
also immaterial that there is no evidence that fines were
actually imposed against Cortez and Boire The process
ing of the charges against them is itself violative of the
Act Communications Workers Local 11509 (A T & T),
283 NLRB 957 (1987)
In the circumstances I find that Respondent Local 262
and Respondent Santa Clara Valley violated Section
8(b)(1)(A) by initiating and/or processing the charges
against , and by fining , Piercy Cortez and Boire for con
duct subsequent to the receipt of their financial core let
ters I further find that Respondent Local 262 and Re
spondent Bay Counties Council violated Section
8(b)(1)(A) by initiating and/or processing intraunion
charges against and fining , Acosta Banovich , Piercy,
Rutherford , Espinosa Connor , Mathews and Cutts for
conduct subsequent to the receipt of their financial core
letters
CONCLUSIONS OF LAW
1 Acme Minton Russo, El Cerrito, Matheny, and
LAMEA each is an employer engaged in commerce
within the meaning of Section 2(2) (6), and (7) of the
Act
2 Respondents Santa Clara Valley District Council of
Carpenters Bay Counties District Council of Carpenters
and Local 262 each is a labor organization within the
meaning of Section 2(5) of the Act
3 By initiating and/or processing internal union
charges and imposing fines, against Piercy Rutherford
Cortez and Boire for activities in which they engaged
subsequent to their resignation from full union member
ship and agreement to continue to tender dues and fees,
Respondent Local 262 and Respondent Santa Clara
Valley have engaged in and are engaging in unfair labor
practices within the meaning of Section 8(b)(1)(A) of the
Act
4 By initiating and/or processing internal union
charges and imposing fines against Acosta, Banovich,
Piercy Espinosa, Connor, Mathews and Cutts for ac
tivities in which they engaged subsequent to their resig
nation from full union membership and agreement to
continue to tender dues and fees, Respondent Local 262
and Respondent Bay Counties Council have engaged in,
and are engaging in, unfair labor practices within the
meaning of Section 8(b)(1)(A) of the Act
5 The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of Sec
tion 2(6) and (7) of the Act
CARPENTERS SANTA CLARA VALLEY COUNCIL (ACME FIXTURE) 477
THE REMEDY
Having found that Respondents have engaged in cer
tam unfair labor practices within the meaning of Section
8(b)(1)(A) of the Act it is recommended that they cease
and desist and take certain affirmative action designed to
effectuate the policies of the Act 7 It shall be recom
mended that the Respondents rescind the unlawful
charges , disciplinary actions and fines, remove all refer
ences to them from the Respondents records and notify
each of the charged employees , in writing, of the rescis
sion and expunction It is further recommended that Re
spondents Local 262 and Bay Counties and Respondents
Local 262 and Santa Clara Valley be required jointly and
severally to refund any moneys paid as a result of the
fines imposed , plus interest as computed in Florida Steel
Corp, 231 NLRB 651 (1977), and New Horizons for the
Retarded, 283 NLRB 1173 (1987)
On these findings of fact and conclusions of law and
on the entire record, I issue the following recommend
ed8
ORDER
A Respondent Millmen and Industrial Carpenters
Local Union 262, affiliated with the United Brotherhood
of Carpenters and Joiners of America, AFL-CIO, its of
ficers, agents, and representatives, shall
1 Cease and desist from
(a) Processing internal union charges and imposing or
collecting fines against employees of Acme Fixture Com
pany Inc, S A Russo Window Frames, Inc, Minton
Company Karl Fries, Karl Henken & Frank Moreno
d/b/a Matheny Sash & Door and El Cerrito Mill and
Lumber Co, Inc for activities in which they engaged
subsequent to their resignation from full union member
ship
(b) In any like or related manner restraining or coerc
ing 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) Rescind all charges and fines imposed on the em
ployees for activities in which they engaged subsequent
to their resignation from full union membership and
refund to them any moneys they have paid as a result of
the Respondents imposition of such fines in the manner
set forth in the remedy section of this decision
(b) Remove from its records all references to the un
lawful charges and fines and notify each employee in
writing that all charges and fines imposed against him or
her has been rescinded and all records have been re
moved
7 The General Counsel has requested a broad cease and desist order
However in the circumstances herein I find that such an order is not
warranted
8 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
(c) Post at its business offices and meeting halls copies
of the attached notice marked Appendix A "9 Copies of
the notice on forms provided by the Regional Director
for Region 32 after being signed by the Respondent s
authorized representatives, shall be posted by Respond
ent immediately upon receipt and maintained for 60 con
secutive days in conspicuous places including all places
where notices to members are customarily posted Rea
sonable steps shall be taken by the Respondents to ensure
that the notices are not altered, defaced, or covered by
any other material
(d) Sign and return to the Regional Director sufficient
copies of the notice for posting by the above named Em
ployers, if willing, at all places where notices to employ
ees are customarily posted
(e) Notify the Regional Director in writing within 20
days from the date of this Order what steps have been
taken to comply
B Respondent Bay Counties District Council of Car
penters, affiliated with the United Brotherhood of Car
penters and Joiners of America, AFL-CIO its officers,
agents, and representatives, shall
1 Cease and desist from
(a) Processing intraunion charges and imposing or col
lecting fines against employees of Acme Fixture Compa
ny Inc, S A Russo Window Frames, Inc, Karl Fries
Karl Henken & Frank Moreno d/b/a Matheny Sash &
Door and El Cerrito Mill and Lumber Co, Inc for ac
tlvities in which they engaged subsequent to their resig
nation from full union membership
(b) In any like or related manner restraining or coerc
ing employees in the exercise of the rights guaranteed
them by Section 7 of the Act
2 Take the following affirmative action necessary to
effecuate the policies of the Act
(a) Rescind all charges and fines imposed on the em
ployees for activities in which they engaged subsequent
to their resignation from full union membership and
refund to them any moneys they have paid as a result of
the Respondents imposition of such fines in the manner
set forth in the remedy section of this decision
(b) Remove from its records all references to the un
lawful charges and fines and notify each employee in
writing that all charges and fines imposed against them
have been rescinded and all records have been removed
(c) Post at its business offices and meeting halls copies
of the attached notice marked Appendix B 11 Copies
of the notice on forms provided by the Regional Direc
tor for Region 32, after being signed by the Respondent's
authorized representatives, shall be posted by Respond
ent immediately upon receipt and maintained for 60 con
secutive days in conspicuous places including all places
where notices to members are customarily posted Rea
sonable steps shall be taken by the Respondent to ensure
9 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
a] Labor Relations Board shall read Posted Pursuant to a Judgment of
the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board
10 See fn 9 above
478 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
that the notices are not altered defaced or covered by
any other material
(d) Sign and return to the Regional Director sufficient
copies of the notice for posting by the above named Em
ployers, if willing , at all places where notices to employ
ees are customarily posted
(e) Notify the Regional Director in writing within 20
days from the date of this Order what steps have been
taken to comply
C Respondent Santa Clara Valley District Council of
Carpenters, affiliated with the United Brotherhood of
Carpenters and Joiners of America, AFL-CIO its offs
cers, agents, and representatives, shall
1 Cease and desist from
(a) Processing internal union charges and imposing or
collecting fines against employees of Acme Fixture Com
pany Inc and Minton Company for activities in which
they engaged subsequent to their resignation from full
union membership
(b) In any like or related manner restraining or coerc
ing 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) Rescind all charges and fines imposed on the em
ployees for activities in which they engaged subsequent
to their resignation from full union membership and
refund to them any moneys they have paid as a result of
the Respondents imposition of such fines in the manner
set forth in the Remedy section of this decision
(b) Remove from its records all references to the un
lawful charges and fines and notify each employee in
writing that all charges and fines imposed against him or
her has been rescinded and all records have been re
moved
(c) Post at its business offices and meeting halls copies
of the attached notice marked Appendix C II Copies
of the notice on forms provided by the Regional Direc
tor for Region 32 after being signed by the Respondent s
authorized representatives, shall be posted by Respond
ent immediately upon receipt and maintained for 60 con
secutive days in conspicuous places including all places
where notices to members are customarily posted Rea
sonable steps shall be taken by the Respondent to ensure
that the notices are not altered defaced or covered by
any other material
(d) Sign and return to the Regional Director sufficient
copies of the notice for posting by the above named em
ployers if willing, at all places where notices to employ
ees are customarily posted
(e) Notify the Regional Director in writing within 20
days from the date of this Order what steps have been
taken to comply
'' See fn 9 above
APPENDIX A
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 process internal union charges and
impose or collect any fines against employees of Acme
Fixture Company, Inc Minton Company, S A Russo
Window Frames Inc, Karl Fries Karl Henken & Frank
Moreno d/b/a Matheny Sash & Door, and El Cerrito
Mill and Lumber Co Inc for activities in which they
engaged subsequent to their resignations from full union
membership and agreement to continue to tender dues
and fees
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act
WE WILL rescind all charges and fines imposed on the
following employees for activities in which they engaged
subsequent to their resignation from full union member
ship and WE WILL refund any moneys they may have
paid in such fines plus interest
Adriel Acosta Robert Cortez
George Banovich Donald Boire
Tony Espinosa Darrel Connor
Wayne Piercy Gregg Mathews
Matt Rutherford Peter Cutts
WE WILL remove all references to the unlawful
charges and fines from our records
WE WILL notify each of the above named individuals
in writing that all unlawful charges and fines have been
rescinded and that all references to such have been re
moved from our records
MILLMEN AND INDUSTRIAL CARPENTERS
LOCAL UNION 262
APPENDIX B
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 process intraunion charges and impose
or collect any fines against employees of Acme Fixture
Company Inc S A Russo Window Frames Inc Karl
Fries, Karl Henken & Frank Moreno d/b/a Matheny
Sash & Door and El Cerrito Mill and Lumber Co Inc
for activities in which they engaged subsequent to their
resignations from full union membership and agreement
to continue to tender dues and fees
CARPENTERS SANTA CLARA VALLEY COUNCIL (ACME FIXTURE)
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act
WE WILL rescind all charges and fines imposed on the
following employees for activities in which they engaged
subsequent to their resignation from full union member
ship and WE WILL refund any monies they may have
paid in such fines plus interest
Adriel Acosta Darrel Connor
George Banovich Gregg Mathews
Tony Espinosa Peter Cutts
Wayne Piercy
WE WILL remove all references to the unlawful
charges and fines from our records
WE WILL notify each of the above named individuals
in writing that all unlawful charges and fines have been
rescinded and that all references to such have been re
moved from our records
BAY COUNTIES DISTRICT COUNCIL OF
CARPENTERS
APPENDIX C
NOTICE To EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
479
WE WILL NOT process internal union charges and
impose or collect any fines against employees of Acme
Fixture Company , Inc and Minton Company for active
ties in which they engaged subsequent to their resigna
tions from full union membership and agreement to con
tinue to tender dues and fees
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act
WE WILL rescind all charges and fines imposed on the
following employees for activities in which they engaged
subsequent to their resignation from full union member
ship and WE WILL refund any moneys they may have
paid in such fines plus interest
Wayne Piercy Robert Cortez
Matt Rutherford Donald Boire
WE WILL remove all references to the unlawful
charges and fines from our records
WE WILL notify each of the above named individuals
in writing that all unlawful charges and fines have been
rescinded and that all references to such have been re
moved from our records
SANTA CLARA VALLEY DISTRICT COUNCIL
OF CARPENTERS
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