Food & Commercial Workers Local 1657 (Food World)

National Labor Relations Board - Board Decisions

Sep 26, 2003

340 N.L.R.B. 329 (N.L.R.B. 2003)

FOOD & COMMERCIAL WORKERS LOCAL 1657 (FOOD WORLD) 329
Local 1657, United Food & Commercial Workers,
AFL–CIO, CLC (Food World) and Richard
Hamrick. Case 10–CB–7863
September 26, 2003
DECISION AND ORDER
BY MEMBERS LIEBMAN, SCHAUMBER, AND
WALSH
Upon a charge filed by Richard Hamrick, an Individ-
ual, on September 4, 2002, the General Counsel of the
National Labor Relations Board issued a complaint on
November 6, 2002, against the Respondent Local 1657,
United Food & Commercial Workers, AFL–CIO, CLC,
which as amended on January 8, 2003, alleges that the
Respondent has breached its duty of fair representation in
violation of Section 8(b)(1)(A) of the National Labor
Relations Act by failing and refusing to provide a bar-
gaining-unit employee with photocopies of an arbitration
decision disposing of his grievance.
The amended complaint alleges, and the Respondent,
pro se, admits in its answer, that the Respondent and
Employer have been parties to a collective-bargaining
agreement, effective by its terms from September 26,
1999, through September 27, 2003, which covers all em-
ployees employed by the Employer at its Alabama retail
establishments who handle or sell merchandise or per-
form other incidental or related services. On or about
May 15, 2001, Charging Party Richard Hamrick, an em-
ployee covered under the bargaining agreement, filed a
grievance over his termination on April 13, 2001. In
August 2002, an arbitrator disposed of the grievance and
issued a decision reinstating Hamrick under certain
specified terms and conditions, and awarding him a por-
tion of the backpay sought in the grievance. That deci-
sion was subsequently clarified in response to requests
by the Respondent and the Employer. Since on or about
August 19, 2002, and continuing to the present, Hamrick
has requested copies of the arbitrator’s decision (as clari-
fied) from the Respondent to verify that the Respondent
and the Employer had complied with the decision’s
terms, including the computation of backpay and his re-
turn to work, and to see what effect, if any, the decision
had on his seniority and other benefits. Since on or about
August 20, 2002, the Respondent has failed and refused
to provide Hamrick with photocopies of the arbitrator’s
decision (as clarified). The complaint alleges that, by
refusing to provide Hamrick with photocopies of the ar-
bitrator’s decision (as clarified), the Respondent has
breached its duty of fair representation and has violated
Section 8(b)(1)(A) of the Act.
Although it admits all of the allegations, the Respon-
dent denies that it has committed the unfair labor practice
alleged in the complaint. The Respondent contends in its
answer that it fairly represented Hamrick because it al-
lowed him to review the decision and it offered to give
the requested photocopies to Hamrick’s attorney if
Hamrick signed a confidentiality agreement.
On May 14, 2003, the General Counsel filed a Motion
for Summary Judgment, asserting that the Respondent’s
answer to the complaint raises no genuine or material
issues of fact which require an evidentiary hearing and
urging that the Board issue a Decision and Order against
the Respondent in accordance with the allegations of the
complaint. Thereafter, on May 27, 2003, the Board is-
sued an Order transferring the proceeding to the Board
and a Notice to Show Cause why the General Counsel’s
motion should not be granted. In its response to the No-
tice to Show Cause, the Respondent argues that it fairly
represented Hamrick because he was allowed to visually
inspect the arbitration decision on two occasions and it
gave him a copy of the backpay and benefits settlement,
which it reviewed with him and a representative of the
Employer.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
The Respondent’s admission of all the factual allega-
tions in the complaint establishes that the Respondent
refused to provide Hamrick with the requested photocop-
ies of the arbitration decision (as clarified) disposing of
his termination grievance. The Board has found that
such conduct violates Section 8(b)(1)(A) of the Act. See
Letter Carriers Branch 758 (Postal Service), 328 NLRB
952, 953 (1999) (union breached its duty of fair represen-
tation by refusing to provide bargaining-unit members
with photocopies of their grievance files, because “the
right to photocopy union documents is merely a corollary
of the employee’s right of access to the documents”);
Letter Carriers Branch 529, 319 NLRB 879 (1995) (un-
ion breached its duty of fair representation by refusing to
provide charging party with photocopy of her grievance
forms). Thus, Hamrick had a legitimate general interest
in obtaining copies of the requested documents as they
pertained to his grievance. His asserted legitimate par-
ticular interest (verifying that the Respondent and the
Employer complied with the arbitration decision as sub-
sequently clarified) was effectively communicated to the
Respondent. The Respondent raised no substantial coun-
tervailing interest in refusing to provide Hamrick with
photocopies of the requested documents, after having
340 NLRB No. 60
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 330
permitted him to inspect the documents.1 Id. at 881.
There being no material facts in dispute, and in absence
of any cause to the contrary having been shown by the
Respondent (even assuming all facts alleged by the Un-
ion to be true), we grant the General Counsel’s Motion
for Summary Judgment.
On the entire record, the Board makes the following
findings.
FINDINGS OF FACT
I. JURISDICTION
The Employer, an Alabama corporation, is engaged in
the retail grocery business. During the year preceding
the issuance of the complaint, a representative period, the
Employer, in conducting its operations described above,
purchased and received at its Huntsville, Alabama facil-
ity, goods valued in excess of $50,000 directly from
points outside the State of Alabama. We find that the
Employer is engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
The Respondent admits, and we find, that the Respon-
dent is a labor organization within the meaning of Sec-
tion 2(5) of the Act.
II. THE UNFAIR LABOR PRACTICES
The Respondent has refused to provide a unit em-
ployee with photocopies of an arbitration decision dis-
posing of his grievance. By such conduct we find that
the Respondent has violated Section 8(b)(1)(A) of the
Act. Letter Carriers Branch 758 (Postal Service), supra;
Letter Carriers Branch 529, supra.
CONCLUSIONS OF LAW
1. Bruno’s d/b/a Food World, Huntsville, Alabama, is
an employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
2. The Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
3. By arbitrarily failing and refusing since at least Au-
gust 19, 2002, to provide Richard Hamrick with photo-
copies of the arbitration decision (as clarified) disposing
of his grievance, the Respondent breached its duty of fair
representation, and violated Section 8(b)(1)(A) of the
Act.
4. The foregoing unfair labor practice is an unfair labor
practice affecting commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.

1 Despite letting Hamrick review the arbitration decision on two
separate occasions, the Respondent gave no reason for refusing to give
him the requested photocopies.
REMEDY
Having found that the Respondent has violated Section
8(b)(1)(A) of the Act, we shall order it to cease and de-
sist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, we shall
order the Respondent to provide the Charging Party with
the requested photocopies of the arbitration decision (as
clarified) disposing of his grievance.
ORDER
The National Labor Relations Board orders that the
Respondent, Local 1657, United Food & Commercial
Workers, AFL–CIO, CLC, Birmingham, Alabama, its
officers, agents, and representatives, shall
1. Cease and desist from
(a) Arbitrarily failing and refusing to provide to Rich-
ard Hamrick photocopies of the arbitration decision (as
clarified) disposing of his grievance.
(b) In any like or related manner restraining or coerc-
ing Richard Hamrick or any other employees represented
by Local 1657, United Food & Commercial Workers
Union, AFL–CIO, CLC, 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) Provide to Richard Hamrick photocopies of the ar-
bitration decision (as clarified) disposing of his griev-
ance.
(b) Within 14 days after service by the Region, post at
its business office in Birmingham, Alabama, copies of
the attached notice marked “Appendix.”2 Copies of the
notice, on forms provided by the Regional Director for
Region 10, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Respon-
dent upon receipt and maintained for 60 consecutive days
in conspicuous places including all places where notices
to employees and 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.
(c) Within 14 days after service by the Region, deliver
to the Regional Director for Region 10 signed copies of
the notice in sufficient number for posting by the Em-
ployer at its Huntsville, Alabama facility, if it wishes, in
all places where notices to employees are customarily
posted.
2 If this order is enforced by a judgment of the United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
FOOD & COMMERCIAL WORKERS LOCAL 1657 (FOOD WORLD) 331
(d) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps the Respondent has taken to comply.

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 Federal labor law and has ordered us to post and
obey this notice.

FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT arbitrarily fail or refuse to provide to
Richard Hamrick photocopies of the arbitration decision
(as clarified) disposing of his grievance.
WE WILL NOT in any like or related manner restrain
or coerce Richard Hamrick, or any other employee repre-
sented by Local 1657, United Food & Commercial
Workers Union, in the exercise of rights guaranteed them
by Section 7 of the Act.
WE WILL provide Richard Hamrick with photocopies
of the arbitration decision (as clarified) disposing of his
grievance.

LOCAL 1657, UNITED FOOD &
COMMERCIAL
WORKERS, AFL–CIO, CLC