Dallas General Drivers, Etc., Local Union 745

National Labor Relations Board - Board Decisions

Jan 5, 1962

135 N.L.R.B. 62 (N.L.R.B. 1962)

62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conspicuous places, including all places where notices to employees are customarily
posted . Reasonable steps shall be taken by the Respondent to insure that said notices
are not altered , defaced , or covered by any other material.
(b) Notify the Regional Director for the Tenth Region , in writing , within 20 days
from the receipt of this Intermediate Report and Recommended Order, what steps it
has taken to comply therewith.
3. It is recommend that the allegations of the complaint with respect to the un-
lawful discharge of Fred Hill be dismissed.
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommendations of a Trial Examiner of the National Labor Re-
lations Board, and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that:
WE WILL NOT interfere with , restrain , or coerce our employees in the exercise
of their rights to engage in or to refrain from engaging in union activities by
interrogating them concerning their union sympathies and activities , by soliciting
their withdrawal from Truckdrivers and Helpers , Local 515, International
Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of America,
Ind., or any other labor organization , creating the impression of surveillance of
employees while engaging in union activities , and my threatening employees
with retaliatory reprisals for becoming unionized.
WE WILL NOT in any like or related manner interfere with , restrain , or coerce
our employees in the exercise of the right to self-organization , to form labor
organizations , or to join or assist Truckdrivers and Helpers , Local 515, Inter-
national Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of
America, Ind., or any other labor organization , to bargain collectively through
representatives of their own choosing , and to engage in other concerted activities
for the purpose of collective bargaining or other mutual aid or protection, or to
refrain from engaging in such activities as guaranteed in Section 7 of the Act.
All our employees are free to become or remain , or to refrain from becoming or
remaining members of any labor organization.
RYDER TRUCK RENTAL, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered , defaced , or covered by any other material.
Dallas General Drivers, Warehousemen and Helpers Local Union
No. 745 and'Macatee, Inc.
Dallas General Drivers, Warehousemen and Helpers Local Union
No. 745, affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America and
Macatee, Inc. Cases Nos. 16-CB-158 and 16-CP-1. January 5,
1962
SUPPLEMENTAL DECISION GRANTING MOTION
AND MODIFYING ORDER
On May 11, 1960, the Board issued a Decision and Order in this pro-
ceeding, finding that the Respondent had violated Section 8 (b) (7) (B)
of the Act.' In its Order, the Board directed Respondent to cease and
1127 NLRB 683.
135 NLRB No. 11.
DALLAS GENERAL DRIVERS, ETC., LOCAL UNION 745 63
desist from picketing or threatening to picket Macatee, Inc., where an
object thereof was to force or require Macatee, Inc., to recognize and
bargain with the Union "for a period of one year following the con-
duct of the election of June 24, 1959." Thereafter, the General Coun-
sel filed with the Board a motion for reconsideration of the scope of its
Order? In his motion, the General Counsel urged that the 1-year ban
on picketing for the proscribed objects should run from Septem-
ber 2, 1959, the date on which the Board certified the results of the
election, rather than the date on which the election was held, and that
future picketing for such objects should be banned for a year follow-
ing the conduct of a "valid election" among Macatee, Inc., employees
which the Union does not win.
In Irvins, Inc.,' issued on November 24, 1961, the Board had oc-
casion to reconsider the scope of its Orders in cases involving viola-
tions of Section 8(b) (7) (B). In that case, the Board announced
that the determinative date for deciding whether a "valid election"
under that section has been held, and, consequently, whether that
section has been violated, shall be the date of certification of results of
election or of certification of representatives, as the case may be. For
the purpose of remedying a violation of that section, the Board there
further announced that "remedial orders in Section 8(b) (7) (B) cases
will require a cessation of all recognition and/or organization post
election picketing for a period of twelve months, which period shall
be computed from the date the labor organization terminates its
picketing activities (either voluntarily or involuntarily)." The Board
also fashioned an order barring prospective picketing for objects of
recognition or organization for a year following the conduct of a valid
election which the picketing union loses.
Applying these criteria to the instant case, the record shows that,
although the election was conducted on June 24, 1959, the Board issued
a certification of results of election on September 2, 1959. Because the
Union continued to picket for recognition on and after that date, the
Union's violation of Section 8(b) (7) (B) occurred on September 2.
The record further shows that the Union's picketing for recognition
continued until November 27, 1959, when it was enjoined by a Federal
district court. We would normally tailor the remedy to bar picketing
for a year following this date. As more than a year following the date
has already elapsed, we shall, in the circumstances of this case, only
order the Union to cease and desist from picketing for this object for
a year following the conduct of any future valid election in which the
Union is unsuccessful.
Accordingly, we grant the General Counsel's motion for reconsider-
ation and shall modify the Order herein to the extent indicated above.
2 No opposition to the motion has been filed with the Board.
134 NLRB 686.
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
IT IS HEREBY ORDERED that paragraph 1 (a) of the Order herein be,
and it hereby is, deleted, and that there be substituted therefor the
following :
"1. Cease and desist from :
"(a) Picketing or causing to be picketed, or threatening to picket
Macatee, Inc., where an object thereof is to force or require Macatee,
Inc., to recognize or bargain collectively with it where within the pre-
ceding 12 months a valid election under Section 9(c) of the Act has
been conducted which the Respondent did not win."
IT IS FURTHER ORDERED that the notice herein be, and it hereby is,
amended by substituting for the paragraph commencing with "We
will not" and ending with "election of June 24, 1959" the following :
WE WILL NOT picket or cause to be picketed, or threaten to
picket, Macatee, Inc., where an object thereof is to force or require
Macatee, Inc., to recognize or bargain collectively with us where
a valid election which we did not win has been conducted by the
National Labor Relations Board among the employees of Maca-
tee, Inc., within the preceding 12 months.
CHAIRMAN MCCULLOCH and MEMBER BROWN took no part in the con-
sideration of the above Supplemental Decision Granting Motion and
Modifying Order.
Royal Optical Manufacturing Co., Inc. and Production , Mainte-
nance and Service Employees Union , Local 3. Case No. 2-CA-
7727. January 8, 1962
DECISION AND ORDER
On May 8,1961, Trial Examiner Lee J. Best issued his Intermediate
Report in the above-entitled proceeding, finding that the Respondent
had engaged in and was engaging in certain unfair labor practices
alleged in the complaint and recommending that they cease and desist
therefrom and take certain affirmative action as set forth in the Inter-
mediate Report attached hereto. The Trial Examiner also found that
Respondent had not engaged in other unfair labor practices which
had been alleged in the complaint. Thereafter, the General Counsel
filed exceptions to the Intermediate Report and a supporting brief.
The Respondent did not file any exceptions.
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and brief, and the entire record in this
135 NLRB No. 10.