General Truck Drivers, Local 5

National Labor Relations Board - Board Decisions

Sep 16, 1969

178 N.L.R.B. 431 (N.L.R.B. 1969)

GENERAL TRUCK DRIVERS , LOCAL 5
General Truck Drivers, Warehousemen & Helpers of
America , Local Union No . 5 and Union Tank Car
Company. Case 15-CB-827
September 16, 1969
SUPPLEMENTAL DECISION AND
AMENDED ORDER
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
On June 24, 1968, the National Labor Relations
Board issued its Decision and Order in the
above-entitled proceeding.' Thereafter, on May 15,
1969, the United States Court of Appeals for the
Fifth Circuit issued its opinion' finding that Partin's
display of guns and statements at the May 15 union
meeting were made for the purpose of intimidating
the employees into not joining or lending assistance
to Local 270, a sister local, and were thus in
violation of Section 8(b)(l)(A) of the National
Labor Relations Act, as amended. Accordingly, the
Court remanded the matter to the Board for
modification of the Board's Order to encompass the
additional violation of the Act as found by the
Court.
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 case to a
three-member panel.
We have accepted the Court's remand, and accept
the Court's finding of fact and conclusion of law.
Accordingly. we find that Partin's display of guns
and statements at the May 15 union meeting were
made for the purpose of intimidating employees into
not joining or lending assistance to Local 270 and
that Respondent thereby acted in violation of the
Act within the meaning of Section 8(b)(1)(A).
AMENDED ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that its Order of
June 24, 1968, be, and it hereby is. amended as
follows:
1. Delete paragraph 1 of the Board's Order of
June 24, 1968, and insert in lieu thereof:
1. Cease and desist from:
(a) Restraining and coercing employees by acts
and threats of physical violence for the purpose of
431
compelling them to engage in a walkout.
(b) Restraining and coercing employees by acts
and threats of physical violence for the purpose of
intimidating them into not joining or lending
assistance to Local 270.
(c) In any other manner restraining or coercing
employees in the exercise of the rights guaranteed in
Section 7 of the Act.
2. Substitute for the Appendix attached to the
Board's Order of June 24, 1968, the attached
Appendix.'
'172 NLRB No 11
'General Truck Drivers, Warehousemen & Helpers of America, Loca
No 5 v .NLRB B . 410 F 2d I344-47 (C A 5)
'In the event that this Order is enforced by a decree of a United States
Court of Appeals, there shall he substituted for the words "a Decision and
Order" the words "a Decree of the United States Court of Appeals
Enforcing an Order"
APPENDIX
To ALL UNION MFMBFRS AND EMPLO'sFES
OF UNION TANK CAR COMPANY
Pursuant to a Supplemental Decision and Amended
Order of the National Labor Relations Board, and in
order to effectuate the policies of the National Labor
Relations Act, as amended. we hereby notify you that:
WE wit L NOT restrain or coerce employees by acts or
threats of physical violence for the purpose of
compelling them to engage in a walkout.
WE WILL NOT restrain or coerce employees by acts or
threats of physical violence for the purpose of
intimidating them into not joining or lending assistance
to Local 270.
WE w'ILI NOT in any other manner restrain or coerce
employees in the exercise of the rights guaranteed by
Section 7 of the National Labor Relations Act.
GENFRAi TRUCK DRIVFRS
WAREHOUSFMEN & HELPERS
OF AMERICA, LOCAL
UNION No. 5
(Labor Organization)
Dated By
(Representative) (Title)
This notice must remain posted for 60 consecutive days
from the date of posting and must not be altered, defaced,
or covered by any other material.
If employees have any question concerning this notice
or compliance with its provisions, they may communicate
directly with the Board's Regional Office, T6024 Federal
Building, (Loyola) 701 Loyola Avenue, New Orleans.
Louisiana 70113, Telephone 504-527-6361.
178 NLRB No 70