Communications Workers, Local 9509

National Labor Relations Board - Board Decisions

Sep 10, 1971

193 N.L.R.B. 83 (N.L.R.B. 1971)

COMMUNICATIONS WORKERS , LOCAL 9509 83
Communications Workers of America , Local 9509,
AFL-CIO (The Pacific Telephone and Telegraph
Company) and Lawrence R. Lavers and Harold J.
Coupar . Cases 21-CB-3876-1,21-CB-3876-2
September 10, 1971
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND
KENNEDY
Upon a charge filed on January 7, 1971, and
amended on February 17, 1971, by Lawrence R.
Lavers, an individual, and a charge filed on January 7,
1971, and amended on February 17, 1971, by Harold
J. Coupar, an individual, herein called the Charging
Parties, the General Counsel for the National Labor
Relations Board, by the Regional Director for Region
21, issued a consolidated complaint dated February
26, 1971, against the Communications Workers of
America, Local 9509, AFL-CIO, herein called the
Respondent, alleging that the Respondent had en-
gaged in and was engaging in unfair labor practices
within the meaning of Sections 8(b)(1)(A) and (2) and
2(6) and (7) of the National Labor Relations Act, as
amended.
The consolidated complaint alleges in substance
that on or about October 14, 1971, Respondent
demanded that Pacific Telephone and Telegraph
Company terminate the employment of the Charging
Parties for failure to pay the periodic dues required in
the maintenance of union dues provision of the
collective-bargaining agreement for the period subse-
quent to their expulsion from Respondent for seeking
to obtain decertification of Respondent and Respon-
dent, by demanding and continuing to demand that
the Charging Parties be discharged, has engaged in
and is engaging in unfair labor practices in violation
of Section 7 of the Act and by attempting to cause
Pacific to discriminate against employees in violation
of Section 8(a)(3) of the Act, Respondent thereby did
engage in and is engaging in unfair labor practices
within the meaning of Sections 8(b)(1)(A) and (2) and
2(6) and (7) of the Act.
On March 15, 1971, the Respondent filed an answer
admitting certain allegations in the complaint and
denying that the admitted facts constituted unfair
labor practices as alleged in the consolidated com-
plaint.
The parties to this proceeding entered into a
stipulation of facts and jointly moved that the
proceedings be transferred to the Board, stipulating
that the charge, complaint and notice of hearing,
answer, and stipulation of facts shall constitute the
entire record and that no oral argument is necessary
or desired. They further stipulated that they waived a
hearing before a Trial Examiner, rulings upon motion
by a Trial Examiner, and the issuance of a Trial
Examiner's Decision. On May 10, 1971, the Board
approved the stipulation and ordered the proceeding
transferred to the Board. Thereafter, the General
Counsel filed a brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this proceeding to a three-
member panel.
Upon the basis of the stipulation, the brief, and the
entire record in this proceeding, the Board makes the
following:
FINDINGS OF FACT
1. THE BUSINESS OF THE PARTY TO THE
CONTRACT
The Pacific Telephone and Telegraph Company,
herein called Pacific, is an enterprise engaged in the
business of operating telephone and telegraph systems
in the State of California; annually, in the course and
conduct of its business operations, it receives gross
revenues in excess of $100,000. We find, as stipulated
by the parties, that Pacific is an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act.
II. THE RESPONDENT
Communication Workers of America, Local 9509,
AFL-CIO , is a labor organization admitting to
membership employees of the Party to the Contract,
and is a party to a collective-bargaining agreement
with Pacific covering the Charging Parties. We find,
as stipulated by the parties, that the Respondent is a
labor organization within the meaning of Section 2(5)
of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICE
The parties stipulated the following facts. The
Charging Parties have been actively distributing
literature and membership cards in the name of the
Independent Organization of Pacific Employees for
the purpose of obtaining signatures to decertify the
Respondent Communications Workers of America as
bargaining agent for the Pacific employees; the
Respondent expelled them pursuant to its constitu-
tion which provides for the fining, suspension, or
expulsion of any member found guilty at a union trial
of willfully supporting or assisting any persons, group
of persons, or organizations in any act or activities for
the purpose of seeking or obtaining the decertification
or replacement of the Respondent as the collective-
bargaining representative. The Charging Parties, after
193 NLRB No. 15
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
being expelled , did not pay their union dues. The
Respondent then demanded that Pacific discharge
them under its valid collective -bargaining agreement,
which , under specified conditions , makes the paying
of periodic dues a condition of employment.
The General Counsel contends that the Respon-
dent , by demanding that the Charging Parties pay
union dues , after being expelled from membership
because of engaging in decertification activities,
under threat of being discharged by their employer,
violated Section 8(b)(1)(A) and (2) of the Act.
The General Counsel argues that the instant
proceeding is analogous to Local 4186, United
Steelworkers of America, AFL-CIO (McGraw Edison
Company, Food Equipment Division) i where the Board
found an 8(b)(1)(A) violation when the union insisted
that an employee pay union dues , on a penalty of
discharge under a valid union -security agreement,
during a period when his membership rights in the
union had been significantly impaired by disciplinary
sanction imposed as a result of his filing a decertifica-
tion petition.
We agree with the General Counsel 's contentions
and find that the Respondent has been and is
violating Section 8 (b)(1)(A) and (2) of the Act.
CONCLUSIONS OF LAW
1. By requesting the discharge of Lavers and
Coupar unless they continued to pay their member-
ship dues while simultaneously continuing the disci-
plinary sanctions imposed as a result of their
decertification activities, Respondent restrained and
coerced Lavers and Coupar in the exercise of rights
guaranteed in Section 7 of the Act and by attempting
to cause Pacific to discriminate against these employ-
ees in violation of Section 8(a)(3) of the Act, is thereby
engaging in unfair labor practices within the meaning
of Section 8(b)(1)(A) and (2) of the Act.
2. The aforesaid unfair labor practices affect
commerce within the meaning of Section 2(6) and (7)
of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor
Relations Board hereby orders that the Communica-
tions Workers of America , Local 9509 , AFL-CIO, its
officers, agents , and representatives , shall:
1. Cease and desist from:
(a) Requesting the discharge of employees pursuant
to a valid union-security contract unless they pay
membership dues while simultaneously continuing
disciplinary sanctions imposed because of the decerti-
coercing employees in the exercise of their rights
guaranteed under Section 7 of the Act.
2. Take the following affirmative action, which the
Board finds will effectuate the purposes of the Act:
(a) Post at its offices, meeting halls, and all places
where notices to members are customarily posted at
San Diego, California, copies of the attached notice
marked "Appendix." 2 Copies of said notice, on forms
provided by the Regional Director for Region 21,
after being duly signed by Respondent's representa-
tive, shall be posted by Respondent immediately upon
receipt thereof, and be maintained by it for 60
consecutive days thereafter, in conspicuous places,
including all places where notices to members are
customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(b) Sign and mail sufficient copies of said notice to
the Regional Director for Region 21 for posting by the
Pacific Telephone and Telegraph Company, it being
willing, at all places where notices to its employees are
customarily posted.
(c) Notify the Regional Director for Region 21, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
I 18I NLRB No 162.
2 In the event that 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 National Labor Relations Board" shall be changed to read "Posted
Pursuant to a Judgment of the United States Court of Appeals Enforcing
an Order of the National Labor Relations Board."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT request the discharge of employ-
ees unless they pay membership dues while
simultaneously continuing disciplinary sanctions
which we have imposed against them because of
their decertification activities.
WE WILL NOT in any like or related manner
restrain or coerce employees in the exercise of their
rights guaranteed by Section 7 of the Act,
COMMUNICATIONS
WORKERS OF AMERICA,
LOCAL 9509, AFL-CIO
(Labor Organization)
fication activities . Dated By
(b) In any like or related manner restraining or (Representative ) (Title)
COMMUNICATIONS WORKERS , LOCAL 9509 85
This is an official notice and must not be defaced by Any questions concerning this notice or compliance
anyone . with its provisions may be directed to the Board's
This notice must remain posted for 60 consecutive Office , Eastern Columbia Building, 849 South Broad-
days from the date of posting and must not be altered , way, Los Angeles, California 90014, Telephone
defaced , or covered by any other material . 213-688-5200.