Hawaii Teamsters and Allied Workers

National Labor Relations Board - Board Decisions

Jan 7, 1964

145 N.L.R.B. 858 (N.L.R.B. 1964)

858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from promulgating and keeping in effect a rule which prohibits
employees from engaging in union or other concerted activity off company property
on their own time and from engaging in surveillance of union activity.
2. Take the following affirmative action designed to effectuate the policies of
the Act:
(a) Post at its Big Spring , Texas, store , copies of the attached notice marked
"Appendix ." 23 Copies of said notice , to be furnished by the Regional Director for
the Sixteenth Region , shall, after being duly signed by Respondent 's authorized rep-
resentative , be posted by Respondent immediately upon receipt thereof, and be
maintained for 60 consecutive days thereafter , in conspicuous places, including all
places where notices to employees are customarily posted . Reasonable steps shall
be taken to see that said notices are not altered , defaced, or covered by other
material.
(b) Notify the Regional Director , in writing , within 20 days from the receipt of
this Intermediate Report , what steps Respondent has taken to comply herewith.24
It is also recommended that the complaint herein be dismissed insofar as it alleges
that the Respondent has engaged in any unfair labor practices in violation of Sec-
tion 8(a)(1) except as above specifically found and that it be dismissed insofar
as it alleges any unfair labor practices in violation of Section 8(a)(3).
x' In the event that this Recommended Order shall be adopted by the Board, the words
"A Decision and Order" shall be substituted for the words "The Recommended Order of a
Trial Examiner" In the notice . In the further event that the Board 's Order be enforced
by a United States Court of Appeals , the words "A Decree of the United States Court of
Appeals, Enforcing an Order" shall be substituted for the words "A Decision and Order."
u In the event that this Recommended Order is adopted by the Board , this provision
shall be modified to read: "Notify the Regional Director for the Sixteenth Region, in
writing, within 10 days from the date of the receipt of this Order , what steps the Respond-
ent has taken to comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that:
WE WILL NOT tell our employees they cannot engage in union solicitation or
other union activity on their own time.
WE WILL NOT engage in surveillance of union meetings or other union
activities.
MONTGOMERY WARD & CO., INC.,
Employer.
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.
Employees may communicate directly with the Board 's Regional Office, Sixth
Floor, Meacham Building , 110 West Fifth Street, Fort Worth, Texas, Telephone
No. Edison 5-4211, Extension 2131, if they have any question concerning this notice
or compliance with its provisions.
Hawaii Teamsters and Allied Workers, Local 996 and Morrison-
Knudsen Company, Inc. Case No. 37-CD-4-?. January 7, 1964
DECISION AND DETERMINATION OF DISPUTE
This proceeding arises under Section 10(k) of the Act, which pro-
vides that "whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph 4(D) of Sec-
tion 8(b), the Board is empowered and directed to hear and deter-
145 NLRB No. 89.
HAWAII TEAMSTERS AND ALLIED WORKERS, LOCAL 996 859
mine the dispute out of which such unfair labor practice shall have
arisen ...." 1
On March 8, 1963, Morrison-Knudsen Company, Inc., herein called
M-K or the Employer, filed with the Regional Director for the Twen-
tieth Region a charge alleging that, on March 5, 1963, Hawaii Team-
sters and Allied Workers, Local 996, herein called the Teamsters,
violated Section 8(b) (4) (i) and (ii) (D) of the Act, as amended, 'by
inducing and encouraging individuals employed by M-K and by other
employers to engage in a strike or refusal to work, where an object was
to force and require M-K to assign particular work to employees
represented by the above-named labor organization rather than to
employees represented by Operating Engineers Local 3, International
Union of Operating Engineers, AFL-CIO, herein called the Operat-
ing Engineers.
Thereafter, pursuant to Section 10 (k) of the Act, and Section 102.89
and 102.90 of the Board's Rules