Local 115, Teamsters

National Labor Relations Board - Board Decisions

Oct 23, 1970

186 N.L.R.B. 56 (N.L.R.B. 1970)

56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 115 , International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of Ameri-
ca and Continental - Wirt Electronics. Case
4-CB-1628
October 23, 1970
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND BROWN
On May 28, 1970, Trial Examiner Fannie M. Boyls
issued her Decision in the above-entitled proceed-
ing, finding that Respondent had engaged in certain
unfair labor practices within the meaning of the
National Labor Relations Act, as amended, I and
recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the
attached Trial Examiner's Decision. Respondent has
filed two limited exceptions to the Trial Examiner's
Decision.
Pursuant to the provisions of Section 3(b) of the
Act, the National Labor Relations Board has delegat-
ed its powers in connection with this case to a three-
member panel.
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 Trial
Examiner's Decision, the exceptions,' and the entire
record in the case, and hereby adopts the findings,
conclusions, and recommendations of the Trial
Examiner.2
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the Recommend-
ed Order of the Trial Examiner and hereby orders that
Respondent, Local 115, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, its officers, agents, and representatives,
shall take the action set forth in the Trial Examiner's
Recommended Order.
i Exception is taken to the Trial Examiner's denial to Respondent of an
opportunity to impeach witnesses for the General Counsel An examination
of the designated portion of the record upon which reliance is placed
reveals no unfairness or prejudice in the denial, however, as Respondent
was attempting at this point in the hearing to impeach a witness on an issue
collateral to the unfair labor practices alleged It is well within the
discretionary authority of a Trial Examiner at a Board hearing to apply the
general evidentiary limitation on impeachment of a witness on a collateral
matter See 3 Wigmore, Evidence § 1001 (3d ed , 1940)
2 The exceptions raise issues for the consideration of the Board only to
the extent that they comply with the National Labor Relations Board
Rules and Regulations, Series 8, as amended, Sec 102 46(b) All findings,
conclusions, and recommendations to which proper exception has not been
taken are adopted pro forma Rules and Regulations, Sec 102 48(a)
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
FANNIE M. BOYLs, Trail Examiner. This case, initiated by
a charge filed on June 23, 1969, and a complaint issued on
October 31, 1969, was tried before me on 15 hearing days at
various dates between December 15, 1969, and January 22,
1970, at Philadelphia, Pennsylvania. The complaint alleges
that during a strike against Continental-Wirt Electronics
Corporation, commencing on March 12, 1969, and still in
progress, the Respondent, Local 115, International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, herein called the Union or Respondent
Union, engaged in various acts of restraint and coercion
against the employees of Continental-Wirt and other
employers, in violation of Section 8(b)(1)(A) of the Act.
Respondent Union filed an answer in which it denied the
commission of the unfair labor practices alleged. Subse-
quent to the hearing, on or about March 20, 1970, the
General Counsel, the Respondent Union and the Charging
Employer filed briefs, which have been carefully consid-
ered.
Upon the entire record and my observation of the
demeanor of the witnesses at the hearing, and after due
consideration of the briefs filed by the parties, I make the
following:
FINDINGS OF FACT
I JURISDICTIONAL FINDINGS: THE BUSINESS OF THE
EMPLOYER
Continental-Wirt Electronics Corporation, the employer
whose employees have been on strike during the periods
herein relevant, is a Pennsylvania corporation engaged at
its plant on Green Street and Queen Lane in Philadelphia in
the business of manufacturing electronic components,
including precision film resistors. During the year 1969
Continental-Wirt sold and delivered from its Philadelphia
plant to points outside the Commonwealth of Pennsylvania
products valued in excess of $50,000, including precision
film resistors valued in excess of $35,000 to agencies of the
United States Government for use in military computers
and military electronic devices On the basis of these
uncontroverted facts, I find that Continental-Wirt is an
employer engaged in commerce within the meaning of
Section 2(2), (6) and (7) of the Act.
II. THE RESPONDENT LABOR ORGANIZATION
The Respondent, Local 115, International Brotherhood
of Teamsters, Chauffeurs , Warehousemen and Helpers of
America, is a labor organization within the meaning of
Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. Background and Issues
At an election conducted by the Regional Director of the
Board on October 23, 1968, wherein Respondent Union
and an incumbent local of the International Union of
Electrical Workers , AFL-CIO , were on the ballots,
186 NLRB No. 10
LOCAL 115, TEAMSTERS 57
Respondent Union won and was certified on October 31,
1968, as the bargaining representative of the Continental-
Wirt production and maintenance employees. Following
the inability of Respondent Union and the Employer to
reach an agreement in bargaining negotiations, the Union
called a strike on March 12, 1969. This strike was still in
progress at the conclusion of the hearing on January 22,
1970.
The picketing took place not only at the Continental-Wirt
plant at Green Street and Queen Lane in Philadelphia, but
also at affiliated or related plants, namely, Keystone
Control Company at Ambler, Pennsylvania, and at
Industrial Enterprises Company located at Hatsboro and
Foxchase, Pennsylvania, respectively.' Management per-
sonnel and office workers, but none of the approximately
150 production employees, worked between March 12 and
April 17. By the latter date, management representatives
had arranged with about 20 production employees who
wished to return to work, to pick them up at various
meeting points and transport them to work in cars.
Registered notices were sent by the Employer to all striking
employees, postmarked on or about April 18, announcing
the Employer's intention to resume operations and inviting
each employee to indicate in appropriate blocks on the
notice form whether or not he was willing to return to work
and to mail such form back to the Employer. In addition to
those reporting back on April 17, 15 or 20 more strikers
later returned to work.
The complaint alleges and evidence was adduced to show
that commencing on March 19, before any of the
production workers returned to work, management and
office personnel were upon a number of occasions blocked
by pickets from entering or leaving the plant and a number
of them were physically assaulted or threatened. As a result
of this conduct the Employer on or about March 26, 1969,
sought and obtained preliminary injunctions in the Courts
of Common Pleas in Philadelphia and in Montgomery
County (the latter covering the Ambler and Hatsboro
plants), enjoining the Union and its agents from engaging
in acts of physical violence against the Employer and its
employees. At the same time the Employer was also
enjoined from engaging in similar acts against the Union,
its officers and members. The number of pickets was
limited by the injunctions to six at each gate. A number of
picketing employees were thereafter charged with viola-
tions of the injunctions and some were tried and given
suspended sentences.
The outstanding court injunctions and steps taken by the
courts to enforce their injunctive orders, together with the
presence of "Court Observers" employed by the Employer
from a private detective agency to help it police the court
orders and the Labor Squad from the Metropolitan Police
Department, were deterrents to a continuation of most of
the coercive acts of the pickets. There is evidence of isolated
incidents occurring between September and November and
no evidence of any alleged coercive conduct since then.
In view of the effective manner in which the local courts
and police officials have dealt with the strike violence
problem and the cessation of all acts of alleged strike
misconduct for more than a month before the commence-
ment of the hearing, the Trial Examiner at the hearing
questioned the parties about what, as a practical matter,
could be accomplished by conducting a hearing and
resolving the issues presented as to whether the Union or its
agents had engaged in any of the acts of restraint and
coercion alleged. Any cease and desist order which might
result from a decision by the Trial Examiner, by the Board
or by the appropriate United States Court of Appeals
could, it seems to me, accomplish no more than has already
been accomplished much more quickly by the injunctive
and contempt orders heretofore issued by the local courts.
For this reason any decision and order issued in this case
may well be an exercise in futility.
Nevertheless, in view of collateral proceedings upon
which a decision in this case might possibly have some
bearing - though not apparent to the Trial Examiner -
and in view of some possible restraining effect of a Board or
Court Order in this proceeding upon future conduct of the
Union, findings and recommendations will be made herein
involving the acts alleged in the complaint.2
B. The Acts of Restraint and Coercion
1. Those responsible for the Union's conduct of
the strike
At the outset, consideration will be given to the Union's
contention that any persons who may have engaged in
strike misconduct were not its agents and that the Union
should not be held responsible for their conduct.
Thomas J. Kilkenny was the Union's president and
business agent.3 John P. Morris was its secretary-treasurer
1 Union Organizing Representative Joseph Yeoman estimated that in
ordinary traffic it would take between 30 and 40 minutes to drive from
Continental-Wirt to Keystone Control in Ambler, about I hour to I hour
and 15 minutes to Industrial Enterprises in Hatsboro, and between 20 and
30 minutes to Industrial Enterprises at Foxchase
2 This is only one of numerous cases brought before the Regional
Director or Board since the Union's certification on October 31, 1968, by
or against one or the other of the parties On March 24, 1969, and again on
November 3, 1969, the Union filed a charge against the Employer, alleging
that the Employer had violated Section 8 (a)(1) and (5) of the Act (Cases
4-CA-4851 and 4-CA-5062) The Regional Director refused to issue a
complaint in both cases and on appeal to the Board from the second
refusal, the Board on January 22, 1970, sustained the Regional Director's
action On November 20, 1969, a decertification petition was filed by one
of the employees and an election pursuant thereto was conducted on
March 10, 1970 (Case 4-RD-439) In the meantime, however, the Union
filed still another charge (Case 4-CA-5144) against the Employer, alleging
that it had violated Section 8(a)(1) and (5) of the Act and the Regional
Director dismissed that charge on February 17, 1970 In view of the
pendency of the Union's appeal to the Board from the Regional Director's
ruling in that case, the ballots were impounded by the Regional Director in
the representation case and have not yet been counted Some of the
proceedings mentioned above were referred to in the record in this case.
Other matters are mentioned in the General Counsel's brief and official
notice is taken of them
3 During the course of the hearing in this case, on January 5 and again
on January 6, 1970, Kilkenny followed employer attorney Andrew F
Mimnaugh out of the hearing room and threatened him with physical
harm On the first occasion, as Mimnaugh was waiting for an elevator,
Kilkenny told him, "We'll work you over, too," and on the second
occasion, during a morning recess at the hearing, Kilkenny followed
Mimnaugh into the elevator and told him, "We're going to f-k you around
the first chance we get " (Credited testimony of Mimnaugh, categorically
denied by Kilkenny) Kilkenny's first threat, as the General Counsel points
(Continued)
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and business agent. They were not normally physically
present or personally involved with the day-to-day conduct
of the strike. Instead, they designated paid organizing
representatives to be in direct charge. None of these
organizing representatives worked for Continental-Wirt or
its related plants. They were regularly employed elsewhere.
One of them, George Dorsey, served as organizing
representative only from March 12, the first day of the
strike, until sometime in May. Another, Joseph Yeoman,
who was a union shop steward at his regular place of
employment and also served on the Union's bargaining
committee at Continental-Wirt, served as organizing
representative while on leave of absence from his regular
employment, off and on between March 12 and May 1,
then on a regular basis between May 1 and the last of
September. A third organizing representative, James
Cogbill, who was a union shop steward at his regular place
of employment, served as organizing representative from
the first day of the strike to August 15, except for one
week's absence during the second week of the strike.
Pickets, though not the strikers generally, received strike
benefits for performing their assigned duties of picketing in
shifts of 4 hours each at Continental-Wirt and the three
related plants. Picket captains were designated by the
organizing representatives to be in direct charge of the
pickets at the various locations. The following employees
served as picket captains: Katie Lyons, Mirlon West, Lena
Reed, Doris Fisher, Lillian Felder, Margaret Mancino,
Roslyn Robinson, Mary Toohey and Joyce Maith.4
According to Organizing Representative Yeoman, he
received instructions from union officials, which he
transmitted to the pickets, that they were to conduct the
strike in an orderly manner and not let themselves be
provoked by people entering and leaving the plant. He
repeated the instructions on several occasions as he felt
such instructions were needed. Organizing Representative
Cogbill testified that he told the pickets not to engage in
physical violence but gave them no instructions as to what
they should or should not say. Regardless, however, of what
instructions may have been issued by top union officials
and by the paid organizing representatives in overall charge
of the picketing, the Union cannot escape responsibility for
the numerous acts of strike violence and other misconduct
participated in or led by the picket captains and other
pickets assisting them and in some instances by an
organizing representative himself. The organizing repre-
sentatives were present during some of the unlawful
conduct by the picket captains and they and the union
officials must have been aware of such conduct because of
the arrests and court findings in the injunction and
contempt proceedings, yet no steps were taken to remove
the picket captains from their positions of responsibility
and no other effective steps were taken by the Union to
bring about a cessation of the coercive strike misconduct.
I find that the Union is responsible for the conduct of
out, appears to contain an admission that Respondent Union had been
committing other coercive acts, about which there had been testimony
Kilkenny's conduct, moreover, tended to encourage other union adherents
to use violence rather than peaceful means to achieve their lawful
objectives
4 Four of these - Mancino, Reed, Lyons and Felder - also served as
employee members of the Union's bargaining committee Another picket,
those of its organizing representatives and picket captains
who participated in the acts of restraint and coercion
described below as well as for that of the pickets assisting
them in the particular misconduct thus descnbed.5
2. The acts of restraint and coercion alleged and
found
The complaint charges the Union and its agent with
engaging in acts of restraint and coercion by the following
types of conduct: (a) by obstructing, blocking and
preventing ingress and egress of employees and other
persons to and from the plants; (b) by threatening
employees and supervisors with violence and other reprisals
if they crossed the picket lines or because they had crossed
the picket lines; and (c) by following, lying in wait for,
assaulting, striking, beating, throwing objects at, and
committing other acts of violence against employees,
supervisors and their automobiles and belongings if the
supervisors or employees crossed, or because they crossed,
the picket lines.
There is credible evidence in the record to support these
allegations. Three of the union agents, Organizing Repre-
sentative George Dorsey and Picket Captains Lillian Felder
and Roslyn Robinson, did not testify. Those who did
testify, for the most part, categorically denied that they
were at the sites of the alleged misconduct at the time it
occurred or that any incident such as that testified about in
fact occurred. In a few instances, a union witness admitted
being present at or involved in some alleged incident but
her version of the incident was such as to make her conduct
appear blameless and that of the General Counsel's
witnesses reprehensible.
Counsel for the Union sought throughout the hearing to
adduce evidence of alleged misconduct on the part of
nonstriking employees and management representatives on
the theory that such misconduct should reasonably be
considered as having provoked and therefore excused
misconduct on the part of union pickets and other union
agents. The Union was permitted to adduce evidence of
management and nonstriking employee misconduct where
the perpetrators were identified and where union counsel
assured the Trial Examiner that such evidence would be
connected with alleged union misconduct in such a way as
to show provocation for union misconduct. The Union,
however, failed to show any connection between the alleged
management and nonstriking employee misconduct and
the acts of restraint and coercion engaged in by union
agents. I shall not therefore attempt to resolve credibility
issues or make any findings herein regarding the alleged
misconduct attributed to management and nonstriking
employees.
In general I find the testimony of the General Counsel's
witnesses more credible than that of the Union's. I shall not
attempt herein to mention or make findings regarding all of
James Solomon , though not a picket captain , also served on the Union's
bargaining committee
5 Teamsters Local No 155, International Brotherhood of Teamsters (E J
Lavino and Company), 157 NLRB 1637, 1642-43 and cases cited therein,
Teamsters Local 783, International Brotherhood of Teamsters, (Coca-Cola
Bottling Company of Louisville), 160 NLRB 1776, 1779 and cases cited
therein
LOCAL 115, TEAMSTERS
the numerous incidents described in the record - in some
instances because I am not satisfied that the identification
of participants or union responsibility has been clearly
established and in other instances because the misconduct
was directed against management or supervisory personnel
when employees were not shown to have been present or to
have learned about the incident or because it is questiona-
ble whether the misconduct restrained or coerced employ-
ees within the meaning of Section 8(b)(l)(A) of the Act.
Based upon a preponderance of the credible evidence, I
find that Respondent Union, acting through its agents,
engaged in the following acts of restraint and coercion of
employees:
(1) On the morning of March 19, cars driven by the
Employer's executive vice president, Burton Lifson, and its
assistant controller, Martin Mikelberg, and carrying seven
office employees, were blocked from entering the Continen-
tal-Wirt plant for about 45 minutes by pickets who stood in
front of the entrance and refused to move. Union
Organizing Representative George Dorsey, who was
present and in charge of the pickets, finally told Lifson that
he would permit the cars to enter if Lifson would return and
talk to him. Lifson assured Dorsey that he would do so and
he did return after the passengers were deposited inside the
plant premises. Dorsey told Lifson that if he did not sign
the union's contract, things would go very hard for him and
his family, that his house would be picketed and that his
very existence would be in jeopardy. The latter conversa-
tion was presumably heard by the pickets who had just
blocked Lifson's entry into the plant and Dorsey's threat
against him would naturally tend to restrain the pickets
from abandoning the strike and going through the picket
lines to work.6
(2) On March 21, Dorsey parked his car across the
driveway to the Continental-Wirt plant, blocking for about
45 minutes the exit of Burton Lifson's car, in which he was
transporting office employees at quitting time. Dorsey
removed his car only after the Police Labor Squad arrived.
(3) On March 24, Dorsey and Picket Captains Mirlon
West and Katie Lyons were present at about 10 a.m. when
10 or 15 pickets gathered around the car driven by William
O'Shea, the Employer's engineer, blocked its entry into the
plant and scratched paint from the surface of the car with a
sharp instrument. When Burton Lifson sought to come to
O'Shea's assistance, Mirlon West threatened to "beat [his]
ass." Nonstriking employee John Singleton was present
during the incident. O'Shea was able to enter the plant
about 45 minutes later when the Police Labor Squad, which
Lifson had called, arrived upon the scene.7
(4) On March 24, as the Employer's assistant controller,
Martin Mikelberg, and two office employees, Doris
Armstrong and Mary Jane Jackson, were returning from
lunch, their entrance to the plant was blocked by five union
pickets (including Picket Captains Katie Lyons and Lena
6 Teamsters, Local Union 327 (Hartman Luggage Co.), 173 NLRB No.
220.
7 The incidents described in the above three paragraphs are based upon
the credited testimony of Burton Lifson . Dorsey did not testify. West
denied that she had engaged in any of the misconduct attributed to her
during the strike.
8 The above account is based principally upon the credited testimony of
Jackson and in some respects upon the account given by Lyons. Lyons,
however,ldenied that she had engaged in any of the strike misconduct
59
Reed) forming a line and holding each other's hands. Lyons
told them, "Go home, you're not working. We're out of a
job, so you're not working either." Mikelberg told the
pickets, "You have no right stopping us from coming in
... you have to let us in." Mikelberg started to push his
way in, with Jackson following him, but all three
nonstrikers gave up an attempt to enter the plant until the
Police Labor Squad arrived after Lyons punched Jackson
twice in the chest.8
(5) On April 14, as Vice President Kalman Lifson
attempted to leave the Keystone Control plant in Ambler
by car, Picket Captain Lilliam Felder and another picket
blocked his exit. He then asked them to please let him leave.
Thereupon Felder picked up a large rock or brick and hit
Lifson on the side of his head. A nonstriking employee of
Keystone Control, Sandra Carr, and John LaRocca, who
was in charge of maintenance and a member of the
bargaining unit at Continental-Wirt, were present during
this incident.9
(6) At about noon on April 15, as Burton Lifson sought to
drive his car with employee passengers out of the
Continental-Wirt plant, his passage was blocked by Union
Organizing Representative Dorsey and Picket Captain
West until the Police Labor Squad arrived about a half
hour later. (Credited testimony of Burton Lifson.)
(7) On April 17, the first day on which any of the
production employees returned to work, they were met by
management representatives at the nearby police station
and escorted to the plant in caravans of cars. Their entrance
to the plant was blocked by 17 pickets (including Picket
Captains Robinson, Toohey and Mancino), for about an
hour until the police Labor Squad arrived. Some of the
pickets pounded on Burton Lifson's car with sticks or clubs.
Again as the caravan of cars full of employees sought to
leave the afternoon, they were blocked by pickets, this time
by 35 to 45 pickets, until the Labor Squad came to their
assistance . One of the picket captains, Lillian Felder,
threatened to kill employee Geraldine Gregory who was
riding in one of the cars. Another picket captain, Roslyn
Robinson, stood with a board or broom handle in her hand
and beat upon the of one of the cars until arrested by Police
Officer Daly. Picket James Solomon, a member of the
Union's bargaining committee, stood in the center of the
driveway with twigs in his hand. Union Organizing
Representative Dorsey was present during this blocking of
the caravan of cars.10
(8) At about 7:10 a.m. on May 14, employee Betty Vale,
received a telephone call from Katie Lyons in which Lyons
told Vale that she had better not go to work if she knew
what was good for her. Vale insisted that she was going
anyway. About 10 minutes later, as Vale was waiting on her
front porch for Burton Lifson to pick her up and transport
her to work, Lyons, in the company of Union Organizing
attributed to her.
9 The above account is based upon the credited account of Kalman
Lifson. Felder did not testify.
10 The findings in the above paragraph are based upon the composite
and credited testimony of Burton Lifson, Geraldine Gregory, Catherine
Callahan and Police Officer Daly. Although Lyons was identified by
Gregory as one of the pickets blocking the entrance that morning, I accept
Reed's and Lyons' testimony that both were at Ambler that morning.
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Representatives Yeoman and Cogbill and Picket Captain
Doris Fisher and another striker, approached Vale's home.
Lyons came to the steps of Vale's porch, as the others
waited for her across the street, and told Vale that if she
knew what was good for her, she had better not go to work.
Vale replied that she had five children to support.
Thereupon Lyons warned her: "After tonight you won't be
supporting them." The group left after Vale told them that
she had called the police. The above findings are based
upon Vale's credited testimony.
A few minutes later Burton Lifson picked up Vale, then
proceeded to the home of another employee, Catherine
Callahan. After Callahan got into Lifson's car, Katie Lyons
and Doris Fisher came over to the car. Lyons asked Lifson
for a ride and reached into the car towards the keys and
Fisher pounded on the rear quarter panel of the car. Both
told the employees in the car that they had better not go to
work and warned, "We're going to get you." The above
findings are based upon the mutually corroborative
testimony of Burton Lifson, Vale and Callahan.
(9) At about 11 p.m. on May 14, as employee Catherine
Bathurst, who worked on the night shift at Industrial
Enterprise in Foxchase, was leaving the plant with her
supervisor, Bob Reed, Bathurst was set upon and beaten by
at least two of four women who appeared to have been
lying in wait for her and Reed. As a result of the assault
several stitches were required on Bathurst's head wound
and she missed a number of days from work. Bathurst
identified Katie Lyons as one of her assailants. According
to Bathurst, 2 days prior thereto when she was reporting for
work, the same person who hit her on her left temple on the
night of May 14, but whose name Bathurst did not learn
until several weeks later, yelled at her from the top of the
steps to the plant (about 80 feet away) that she was going to
meet Bathurst on the top of the steps on the next day and
wanted to talk to her; Lyons then raised her fist and said
she was going to "get" Bathurst. Lyons was not there the
next day as Bathurst came to work and she did not see
Lyons again until the night of the assault upon her.
According to Bathurst, the street lights were behind the
four assailants until Lyons turned sideways and the light
shone on the side of her face just before she hit Bathurst.
Bathurst did not see Lyons again until several weeks later
when, at a court injunction hearing at which all the pickets
were present, Bathurst pointed out to Kalman Lifson the
picket who had struck her in the left temple. Bathurst was
later informed that the name of this picket was Katie Lyons
and while testifying she correctly identified Lyons in the
hearing room.
Shortly after Bathurst returned to work following the
assault upon her, one of several pickets in a group which
included Picket Captain Mary Toohey, called Bathurst a
"scab" and threatened, "We are going to get you again." I
am persuaded and find, despite Lyons' denial that she
participated in the May 14 assault, that she in fact did so, as
Bathurst credibly testified. I am also convinced from the
later statement of one of the pickets in the group picketing
the Foxchase plant that the pickets were identifying
11 It may well be, as Yeoman testified that he had not set out to follow
Lifson's car on that occasion, but that, upon observing it, he instructed
Felder to get out at the red light and see who the passengers were
themselves with and adopting responsibility for the May 14
assault as union action against Bathurst for working as a
"scab."
(10) At about 4:30 p.m. on May 16, as Burton Lifson left
the plant with seven employees (some of whom were
wearing masks to conceal their identity) he became aware
of another car driven by Union Organizing Representative
Yeoman and containing Cogbill, Lyons, West, Martha
Reed and Felder behind him. At one point when Lifson
stopped for a red light, Felder got out of the car behind him
and ran toward his car carrying a knife about 6 inches long.
Lifson's passengers in the back seat yelled, "She is after us
with a knife." As Felder bent downward at the rear of his
car, Lifson, believing that a tire of his car was about to be
slashed, drove through the red light and to the nearest
police station, where he obtained the services of Police
Labor Squad Officers Wilson and Perry to escort his car as
he delivered his passengers." Thereafter, as Lifson
delivered Callahan to a point near her home, Lyons, Felder,
West and Reed ran toward the car from the opposite side of
the street. When they were about 10 feet from Lifson's car,
the police officers got out of their squad car. Thereupon
Lyons yelled, "Oh, hell, he's got the Labor Squad with
him," and the pickets turned and ran to the station wagon
being driven by Yeoman. The findings in this paragraph are
based upon the mutually corroborative and credited
testimony of Burton Lifson, Callahan and Officer Wilson.
(11) At noon on May 21, as Plant Engineer O'Shea and
employee Singleton were returning to the plant with their
arms full of sandwiches and dunks for fellow workers at the
plant, they were met by Picket Captains Katie Lyons and
Mirlon West and three other strikers, including Grace
Welsh. O'Shea greeted them with, "Hi, ladies." Thereupon,
Lyons and West, followed by the other women, started
laughing and pulling sandwiches and drinks from the
containers O'Shea and Singleton were carrying. Welsh
poured a container of tomato juice on Singleton. West
attempted unsuccessfully to pull off O'Shea's sunglasses
and cursed and shoved him. O'Shea and Singleton, after
protesting and attempting to move on, pulled out tear gas
pens which they pointed at the women. The women then
retreated temporarily. At that point Union Organizing
Representative Cogbill arrived upon the scene and, with a
hand in his pocket, asked what was going on and told
O'Shea to go ahead and use the tear gas pencil. O'Shea
replied that he would if he had to. Cogbill gave Singleton a
shove and two of the strikers joined in pushing or shoving
O'Shea and Singleton as they backed away toward the
plant. Cogbill and the strikers left when they were about a
fourth of a block from the plant. The above findings are
based principally upon the credited testimony of O'Shea,
who impressed me as a reliable witness. The testimony of
Coghill, Lyons, West and Welsh is credited only insofar as
it is consistent with O'Shea's.
(12) At about 8 a.m. on June 3 Picket Captains West,
Robinson, Lyons and Fisher and two other pickets blocked
the Green Street driveway to the plant, preventing the entry
of Burton Lifson and six or seven employee passengers in
Nevertheless, I am convinced that Felder did have a knife in her hand and
did bend down toward the rear of Lifson' s car in the manner described by
Lifson and Callahan. Felder did not testify
LOCAL 115, TEAMSTERS 61
his car until two Labor Squad policemen arrived and
removed the pickets from the driveway. (Credited testimo-
ny of Troiano.)
(13) On the afternoon of the same day as office employee
Mary Jane Jackson was about to enter her home after
returning from work, Mirlon West in a car driven by
Cogbill, yelled out, "Okay, Janie Jackson, I got your
address, 4310 Wayne Avenue. I'm going to get you."
Similar threats were made to Jackson by Katie Lyons on a
number of occasions between mid-September and mid-
November as Jackson was being transported to work in
O'Shea's car Typical of these threats were: "We are going
to mess up your pretty face one of these days," "Maybe not
this time but we'll get you next time," or "I'm going to beat
you up " (Credited testimony of O'Shea and Jackson.)
(14) On another occasion in June as employee Mary Jane
Jackson was being transported out of the plant in a car
driven by one of the sales managers , Joe Puriskey, Picket
Captains Mirlon West and Mary Toohey threw a brick at
the car, the one thrown by West hitting the car. (Credited
testimony of Jackson.)
(15) At about 8 a.m. on June 18 as Burton Lifson and
office employee Don Murdock were attempting to
transport employees into the plant, their cars were blocked
at the Green Street entrance for about 45 minuted by Picket
I Captains Lena Reed and Margaret Mancino and four
other pickets standing in front of the cars When Court
Observer Troiano requested the pickets to step aside, one of
the pickets, Welsh, replied: "The only way these scabs are
getting in is with a police escort." They in fact moved only
after the Police Labor Squad arrived. (Credited testimony
of Troiano.)
(16) During the week of July 13 rocks were thrown
through the open double door facing the driveway into the
second floor of the plant. Employees Vale and Grace ran to
a window to see where the rocks were coming from. Grace
observed Lyons throw another rock and Vale observed
Feldei throw two more rocks into the building. (Credited
testimony of Vale and Grace.)
(17) On July 22 at about 4:30 p.m. as employees were
leaving the I plant in cars driven by supervisory personnel,
several of the picket captains (West, Lyons, Fisher and
Robinson) attacked the cars and sought to pull the outside
mirrors off the cars. Fisher succeeded in pulling the mirror
off the car driven by Al Harris; Lyons and West chased
Puriskey's car up the street and attempted unsuccessfully to
pull its mirror off; and Lyons twisted but was unable to pull
the mirror off Burton Lifson's car. (Credited testimony of
Court Observer Haines.)
(18) On July 29 at about 4:30 p.m. as Burton Lifson was
leaving the plant in a car loaded with employees, the left
front lire of the car was hit by a bottle hurled by Mirlon
West. (Credited testimony of Burton Lifson.)
(19) On August 1 at about 4:35 p.m. as Kalman Lifson
was leaving the plant with several employees, including
Catherine Callahan, in his car, Doris Fisher came out from
12 Earlier that morning before the pickets had arrived, Burton Lifson
had transported one car load of employees into the plant premises, then
left to pick up a second load As he drove into the plant driveway with the
second load, West and Lyons jumped on the hood of his car West got off
as the car approached the front of the plant building but Lyons stayed on
the hood until he reached the parking area in the rear of the plant I do not
behind a tree and hurled a rock at and broke the windshield
of the car. Soon thereafter, as Lifson was waiting to make a
report to the police about the incident, Lyons and West
came up to the car. West loosened the side mirror to the car
and Lyons pounded on the side of the car, then reached
inside and pulled Callahan's hair. (Credited testimony of
Kalman Lifson and Catherine Callahan.)
(20) In mid or late August while Vale and several other
employees were having their lunchbreak near the rear door
of the plant and the parking lot, Mirlon West appeared
from the Queen Lane entrance to the plant and started
throwing rocks and a bottle. She broke the rear view mirror
on one of the cars. (Credited testimony of Vale.)
(21) In mid or late August at about 10:30 a.m. as Plant
Engineer O'Shea was leaving Industrial Enterprises at
Foxchase, Lyons and West blocked his exit and com-
menced pounding on his car with bucks or rocks as West
shouted, "This time we are going to get you good." Lyons
shattered the entire right side of the windshield. West
shattered the outside mirror, then pounded and shattered
the left side of the windshield immediately in front of
O'Shea Pieces of glass flew back and hit O'Shea in his face
and hair, one piece lodging in one of his eyes. A number of
employees witnessed the incident. (Credited testimony of
O'Shea.)
(22) On the morning of September 26, when as a result of
Golda Meir's visit to Philadelphia, the Police Labor Squad
was not present at the entrance to the Continental-Wirt
plant, the pickets, including West and Lyons, sought to
block the entrance of employees going to work. Sales
Manager Cohen, carrying a car full of employees, gave up
after about 15 minutes and backed away after being
blocked by West, Lyons and six or seven other pickets.
Thereupon O'Shea, with another car full of employees,
decided to and did gradually inch his way in, forcing the
pickets to move out of the car's way. As he did so, West
grabbed the side view mirror of his car and smashed it.
(Credited testimony of O'Shea.) 12
CONCLUSIONS OF LAW
1. The Union has restrained and coerced employees in
the exercise of their rights guaranteed under Section 7 of
the Act, in violation of Section 8(b)(1)(A) of the Act, by the
following acts and conduct:
(a) By obstructing, blocking and preventing ingress and
egress of employees and other persons to and from the
plants of Continental-Wirt Electronics Corporation in
Philadelphia, Keystone Control Company in Ambler and
Industrial Enterprises Company in Foxchase.
(b) By threatening employees and supervisors with
violence and other reprisals if they cross the picket lines or
because they crossed the picket lines at said plants; and
(c) By following in a threatening manner, lying in wait
for, assaulting, striking, beating and throwing objects at
employees and supervisors and their cars and plant
base any unfair labor practice finding upon this incident both because of
some doubt in my mind as to whether Lyons and West may have felt it
advisable to ride the hood in order to avoid the danger of being hit by
Lifson's car and also because, in any event, I doubt that their conduct
amounted to restraint and coercion within the meaning of the Act
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
property, because the employees and supervisors crossed or
attempted to cross the Union's picket lines at said plants.
2. The aforesaid unfair labor practices affect commerce
within the meaning of Section 2(6) and (7) of the Act.
THE REMEDY
It having been found that Respondent Union has
engaged in violations of Section 8(b)(1)(A) of the Act, my
Recommended Order will require that it cease and desist
therefrom and take certain affirmative action necessary to
effectuate the policies of the Act.
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and
conclusions of law and the entire record, and pursuant to
Section 10(c) of the National Labor Relations Act, as
amended , it is hereby ordered that the Respondent, Local
115, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, its officers,
agents, representatives, successors, 1 and assigns, shall:
1. Cease and desist from:
(a) Restraining or coercing employees of Continental-
Wirt Electronics Corporation, Keystone Control Company
and Industrial Enterprises Company, in Philadelphia,
Ambler and Foxchase, Pennsylvania, respectively, (1) by
obstructing, blocking and preventing ingress and egress of
employees and other persons to and from the plants of said
Employers; (2) by threatening employees and supervisors
with violence or other reprisals if they cross Respondent
Union's picket lines or because they have crossed said
picket lines at said plants; and (3) by following in a
threatening manner, lying in wait for, assaulting, striking,
beating and throwing objects at employees and supervisors
and their cars and plant property because the employees
and supervisors have crossed or attempted to cross
Respondent Union's picket lines at said plants.
(b) In any like or related manner restraining or coercing
employees in the exercise of their rights guaranteed under
Section 7 of the Act.
2. Take the following affirmative action found necessar-
y to effectuate the policies of the Act:
(a) Post in conspicuous places at its business office,
meeting hall, and other places where it customarily posts
notices to its members, signed copies of the attached notice
marked "Appendix." 13 Copies of said notice on forms
provided by the Regional Director for Region 4, after being
duly signed by an authorized representative, shall be posted
by the Respondent Union immediately upon receipt
thereof, and be maintained by it for a period of 60
consecutive days thereafter, in conspicuous places, includ-
ing all places where notices to members are customarily
posted. Reasonable steps shall be taken by the Respondent
Union to insure that said notices are not altered, defaced,
or covered by any other material.
(b) Mail to the Regional Director for Region 4, signed
copies of the attached notice for posting by Continental-
Wirt Electronics Corporation, Keystone Control Company
and Industrial Enterprises Company, if they are willing, in
places where notices to their employees are customarily
posted. Copies of said notice to be furnished by the
Regional Director, shall, after being signed by the
Respondent Union as indicated, be forthwith returned for
disposition by him.
(c) Notify the Regional Director for Region 4, in writing,
within 20 days from the receipt of this decision what steps
have been taken to comply herewith.14
13 In the event that no exceptions are filed as provided in Section 102 46
of the Rules and Regulations of the National Labor Relations Board, the
findings , conclusions , recommendations , and Recommended Order herein
shall, as provided in Section 10248 of the Rules and Regulations, be
adopted by the Board and become its findings , conclusions , and order, and
all objections thereto shall be deemed waived for all purposes In the event
that the Board's Order is enforced by a Judgment of a United States Court
of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board" shall be changed to read "Posted
Pursuant to a Judgment of a United States Court of Appeals Enforcing an
Order of the National Labor Relations Board "
14 In the event that this Recommended Order is adopted by the Board,
this provision shall be modified to read' "Notify said Regional Director, in
writing, within 10 days from the date of this Order, what steps have been
taken to comply herewith "
APPENDIX
NOTICE To
EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
Section 7 of the National Labor Relations Act guarantees
all employees the right to join and assist labor unions and
also the right, with certain exceptions, to
from joining and assisting labor unions, and to
refrain from participating in union activities, including
strikes.
WE WILL NOT restrain or coerce employees of
Continental-Wirt Electronics Corporation in Philadel-
phia, Keystone Control Company in Ambler, or
Industrial Enterprises Company in Foxchase, in the
exercise of their Section 7 rights. More specifically:
WE WILL NOT obstruct, block, or prevent ingress or
egress of employees and other persons to and from said
plants.
WE WILL NOT threaten employees or supervisors with
violence or other reprisals if they cross or because they
crossed the picket lines at said plants.
WE WILL NOT follow in a threatening manner, lie in
wait for, assault, beat, or throw objects at employees or
supervisors or their cars or plant property because the
employees or supervisors have crossed or attempted to
cross the picket lines at said plants.
WE WILL NOT in any like or related manner restrain
or coerce employees in the exercise of their rights under
the National Labor Relations Act.
LOCAL 115, INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN & HELPERS
OF AMERICA
(Labor Organization)
Dated By
LOCAL 115, TEAMSTERS 63
(Representative) Title
This is an official notice and must not be defaced by
anyone.
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.
Any questions concerning this notice or compliance with
its provisions , may be directed to the Board's Office, 1700
Bankers Securities Building, Walnut & Juniper Streets,
Philadelphia, Pennsylvania 19107 Telephone
215-597-7601.