International Association Of Bridge, Structural And Ornamental Ironworkers (Walker Construction Co.)

National Labor Relations Board - Board Decisions

May 13, 1986

279 N.L.R.B. 918 (N.L.R.B. 1986)

918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Association of Bridge , Structural and
Ornamental Iron Workers (Walker Construction
Company) and James W. Stevens . Case 16-CB-
2255
13 May 1986
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS AND BABSON
On 13 December 1985 the National Labor Rela-
tions Board issued its Decision and Order in the
above-entitled proceeding' in which it found that
the Respondent violated Section 8(b)(1)(A) of the
Act by disciplining Stevens, a president of Re-
spondent's Local 263, for filing charges with the
Board, and ordered Respondent to reinstate Ste-
vens as president of Local 263, remove all sanc-
tions against him, and, in the event Stevens paid
the fine unlawfully imposed on him, make him
whole for the amount exacted from him.
Thereafter, the Respondent filed a Motion for
Reconsideration of the Board's Decision and Order
insofar as it required the Respondent to reinstate
Stevens, and the General Counsel filed a response.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
In its motion, the Respondent asserts that Ste-
vens' term of office as president of Local 263 has
expired, that on 24 June 1985 another member was
elected as president of Local 263 for a 3-year term,
and that neither the Board nor the Respondent
have jurisdiction to set aside the results of the elec-
tion. In her response, the General Counsel moves
the Board to modify its Order to require that the
Respondent, in addition to reinstating Stevens as
president and removing the sanctions imposed
against him, inter alia, vacate the election held 24
June 1985 or any other election held before Ste-
vens is reinstated to the presidency of Local 263
and has served as president for a period equal to
the amount of time remaining in his term of office
when he was unlawfully removed, and until such
time as the unlawful sanctions have been removed
and he has had sufficient time to conduct a cam-
paign to be nominated for and to run for the presi-
dency of Local 263, if he so desires.
The Board has considered the Respondent's
motion and the General Counsel's response in light
of the Decision and Order and the entire record in
this proceeding and has decided to deny the Re-
spondent's Motion for Reconsideration as lacking
i 277 NLRB 1071 (Member Dennis concurring)
in merit.2 In addition, the Board has decided that it
will effectuate the purposes of the Act to grant the
General Counsel's motion to modify the Board's
Order.
ORDER
IT IS ORDERED that the Respondent's Motion for
Reconsideration is denied.
IT IS FURTHER ORDERED that the Board's Deci-
sion and Order in this proceeding (277 NLRB
10719 (1985)) be modified by adding the following
as new paragraph 2(c) and by relettering the subse-
quent paragraphs accordingly:
"(c) Vacate the election held 24 June 1985 for
the presidency of Local 263, or any other election
held before Stevens is reinstated to the presidency
of Local 263 and has served as president for a
period equal to the amount of time left in his term
of office when he was unlawfully removed, and
until such time as the unlawful sanctions imposed
against him have been removed and he has had suf-
ficient time to conduct a campaign to be nominated
for and to run for the presidency of Local 263, if
he so desires."
IT IS FURTHER ORDERED that the attached notice
be substituted for that previously issued by the
Board.
2 The Respondent also has moved to reopen the record , if need be, to
adduce additional evidence to establish that Stevens ' term of office as
president of Local 263 has expired , that an election was held on 24 June
1985, and that a person other than Stevens was elected president of the
local union The Respondent 's motion is denied as the General Counsel
does not dispute the facts
The Respondent's request for leave to brief this issue is also denied as
the record, the Respondent 's motion, and the General Counsel 's response
adequately present the issues and positions of the parties
APPENDIX
NOTICE To EMPLOYEES
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 the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT discipline employees for filing
unfair labor practice charges with the National
Labor Relations Board or otherwise participating
in or cooperating in National Labor Relations
Board proceedings.
WE WILL NOT in any like or related manner re-
strain or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
279 NLRB No. 123
IRON WORKERS (WALKER CONSTRUCTION)
WE WILL reinstate James W. Stevens as presi-
dent of Local 263 and remove all sanctions against
him. In the event Stevens paid the fine unlawfully
imposed on him, we will make him whole for the
amount exacted from him, with interest.
WE WILL vacate the election held 24 June 1985
for the presidency of Local 263, or any other elec-
tion held before James W. Stevens is reinstated to
the presidency of Local 263 and has served as
president for a time period equal to the amount of
919
time left in his term of office when he was unlaw-
fully removed, and until such time as the unlawful
sanctions imposed against him have been removed
and he has had sufficient time to conduct a cam-
paign to be nominated for and to run for the presi-
dency of Local 263, if he so desires.
INTERNATIONAL ASSOCIATION OF
BRIDGE, STRUCTURAL AND ORNA-
MENTAL IRON WORKERS