Local 1255, Machinists

National Labor Relations Board - Board Decisions

Mar 10, 1971

188 N.L.R.B. 928 (N.L.R.B. 1971)

928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local No. 1255, International Association of Machin-
ists and Aerospace Workers, AFL-CIO (Mason &
Hanger-Silas Mason Co., Inc .) and Theron Howard,
Jr. Case 16-CB-561
March 10, 1971
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
JENKINS
Upon a charge duly filed on August 10, 1970,' by
Theron Howard, Jr., the General Counsel of the Na-
tional Labor Relations Board, by the Regional Direc-
tor for Region 16, issued a complaint and notice of
hearing on September 21 against Local No. 1255, In-
ternational Association of Machinists and Aerospace
Workers, AFL-CIO, hereinafter called Respondent.
The complaint, which was thereafter amended on Oc-
tober 9, alleged that Respondent had engaged in and
was engaging in an unfair labor practice within the
meaning of Section 8(b)(1)(A) of the National Labor
Relations Act, as amended, by imposing a fine against
Theron Howard, Jr., for "an amount equal to the
wage earned" by his crossing of Respondent's picket
line from March 17 through April 3. Respondent filed
an answer and two amendments thereto denying the
commission of any unfair labor practice.
On October 29, the parties executed a stipulation of
facts and by order of the same date the Regional
Director for Region 16 referred the stipulation to the
Board for decision. The parties agreed that the stip-
ulation, together with the charge, the complaint and
notice of hearing, amendment to complaint and no-
tice of hearing, the answer, the first amended answer,
and the second amended answer, shall constitute the
entire record in the case; waived a hearing before a
Trial Examiner and the issuance of a Trial Examiner's
Decision and Recommended Order; and agreed to
submit the case directly to the Board for findings of
fact, conclusions of law, and an order.
On November 9, the Board, by its Associate Execu-
tive Secretary, approved the stipulation of the parties
and ordered the case transferred to the Board, grant-
ing permission for the filing of briefs. Thereafter, the
General Counsel and Respondent filed briefs.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its powers
in connection with this case to a three-member panel.
Upon the basis of the stipulation, the briefs, and the
entire record in this case, the Board makes the follow-
ing:
1 All dates hereinafter are in 1970
FINDINGS OF FACT
1. JURISDICTION
Mason & Hanger-Silas Mason Co., Inc., is a West
Virginia corporation which maintains a place of bus-
iness in Amarillo, Texas. At all times material herein,
the Company has been engaged in the development
and manufacture of high explosives. In the course and
conduct of its business operations, the Company an-
nually operates under a budget in excess of $10 mil-
lion under a national defense contract with the United
States Atomic Energy Commission.
The parties stipulated, and we find, that Mason &
Hanger-Silas Mason Co., Inc., is, and at all times
material herein has been, an employer engaged in
commerce and in operations affecting commerce
within the meaning of Section 2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
The parties stipulated, and we find, that Local 1255,
International Association of Machinists and Aero-
space Workers, AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
III THE ALLEGED UNFAIR LABOR PRACTICE
A. Facts
As alleged in the complaint and admitted in the
answer, Respondent on March 17 struck the Compa-
ny and established a picket line at the Company's
Pantex plant. The picket line continued until April 3.
By letter dated March 13, Theron Howard sent to
Respondent's president a request that he be dropped
as a union member effective 8 a.m., March 16. Re-
spondent received said letter on March 18. There is no
provision for voluntary resignation under the consti-
tution or bylaws of Respondent.
On April 4, one of Respondent's members filed a
charge with Respondent against Howard for accept-
ing "employment in an establishment where a strike
existed as recognized under the Constitution, without
permission." Howard was notified by a letter received
on or about May 15 that he had been found guilty by
a unanimous vote of Respondent's trial committee
after a trial on April 24. Howard was further informed
that Respondent's membership had imposed a fine for
an amount equal to the wages earned by crossing the
picket line. Respondent admits that said fine was lev-
ied against Howard because he had crossed a picket
line established by Respondent at the premises of the
Company from March 17 through April 3, inclusively.
There is no allegation that the strike or picketing was
unlawful.
188 NLRB No. 135
LOCAL 1255, MACHINISTS 929
B. Contentions of the Parties
The General Counsel contends that the imposition
of the fine on Howard for crossing the picket line
established by Respondent, after the receipt of Re-
spondent on March 18 of Howard's letter of resigna-
tion, was unlawful. The General Counsel maintains
that Howard, as a nonmember, could not thereafter
legally be coerced and restrained in the exercise of his
Section 7 right to refrain from adherence to the strike.
Respondent argues in essence that in a strike situation
a member cannot effectively resign his membership so
as to relieve himself of his obligation to honor a law-
fully established picket line.
C. Conclusion
In Booster Lodge No. 405, International Association
of Machinists and Aerospace Workers, AFL-CIO (The
Boeing Company), 185 NLRB No. 23, the Board re-
cently held that a union did not violate Section
8(b)(1)(A) of the Act by fining former members for
misconduct engaged in prior to their resignations
from among its ranks. However, the Board also found
that a union did commit a Section 8(b)(1)(A) violation
by "the imposition of discipline for conduct engaged
in after the resignations" even though such resigna-
tions occurred during the pendency of a strike. Ap-
plying these principles to the instant case, we find,
first, that Howard's resignation was effective when
received on March 18. However, the stipulated record
does not disclose the time of receipt on that date and
we are unable to conclude that the resignation was
received prior to the time when Howard crossed the
picket line. Accordingly, we hold that the portion of
the fine attributable to Howard's conduct on March
17 and 18 did not violate the Act? As Howard was
also fined for postresignation conduct, we conclude
that the Union's fining of Howard for such postresig-
nation activities after March 18 coerced and re-
strained Howard in the exercise of his Section 7 rights
in violation of Section 8(b)(1)(A) of the Act. We shall
therefore order the Respondent to cease and desist
from such action, and to rescind the portion of the
fine imposed against Howard attributable to his
postresignation activities and remit a pro rata part of
the fine, if paid , plus interest at the rate of 6 percent
per annum , so that what remains reflects only prere-
signation conduct.
ORDER
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Local
1255, International Association of Machinists and
Aerospace Workers, AFL-CIO, Amarillo, Texas, its
officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Restraining or coercing Theron Howard, Jr.,
who had resigned from and who was no longer a
member of the Union, in the exercise of his rights
guaranteed in Section 7 of the Act, by imposing a fine
against such employee because of his postresignation
conduct in working at the Pantex plant during the
Respondent's March-April 1970 strike.
(b) In any like or related manner restraining or
coercing employees in the exercise of rights guaran-
teed by Section 7 of the Act.
2. Take the following affirmative action to effectu-
ate the policies of the Act:
(a) Rescind the portion of the fine imposed against
Theron Howard, Jr., attributable to his activities after
his resignation from the Union and excise all record
thereof from its files.
(b) Reimburse or refund to Theron Howard, Jr., if
he has paid said fine under the circumstances de-
scribed in paragraph 1(a) above, the amount of said
fine imposed because of postresignation conduct in
working at the plant, plus interest at the rate of 6
percent per annum.
(c) Post at its office and meeting hall and at the
Pantex plant of the Mason & Hanger-Silas Mason
Co., Inc., if the Company is willing, copies of the
attached notice, marked "Appendix."3 Copies of said
notice, on forms provided by the Regional Director
for Region 16, after being signed by an authorized
representative, shall be posted by Respondent imme-
diately upon receipt thereof, and be maintained by it
for 60 consecutive days thereafter, in conspicuous
places, including all places where notices to members
are customarily posted. Reasonable steps shall be tak-
en by Respondent to insure that said notices are not
altered, defaced, or covered by other material.
(d) Sign and mail to the Regional Director for Re-
gion 16 sufficient copies of said notice on forms pro-
vided by him for posting by the Employer, if willing.
(e) Notify the Regional Director for Region 16, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
IT IS FURTHER ORDERED that those portions of the
complaint concerning the imposition of fines on
March 17 and 18 as to which no violations have been
found be, and they hereby are, dismissed.
Pursuant to Section 10(c) of the National Labor 3 In the event that this 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
2 United Construction Workers, Local 10, Christian Labor Association (Er- to a Judgment of the United States Court of Appeals Enforcing an Order of
hardt Construction Co, el a!), 187 NLRB No 99 the National Labor Relations Board."
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
To all Members of Local No. 1255, International As-
sociation of Machinists and Aerospace Workers,
AFL-CIO
To all Employees of Mason & Hanger- Silas Mason
Co., Inc.
WE WILL NOT restrain or coerce Theron How-
ard, Jr., who had resigned from the Union and
who, in the exercise of his rights guaranteed in
Section 7 of the Act, worked at the Pantex plant
during the March-April 1970 strike, by imposing
a fine on him for any conduct he engaged in after
his resignation from the Union.
WE WILL rescind the portion of the fine im-
posed against Theron Howard, Jr., attributed to
any conduct he engaged in after his resignation
from the Union, and excise all record thereof
from our files.
WE WILL reimburse Theron Howard, Jr., for
any fine he may have paid to us for working
during the said strike after he had resigned from
the Union, plus interest at the rate of 6 percent
per annum.
WE WILL NOT in any like or related manner re-
strain or coerce employees in the exercise of
rights guaranteed to them in Section 7 of the
National Labor Relations Act.
LOCAL No 1255, INTERNATIONAL
ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS , AFL-CIO
(Labor Organization)
Dated By
(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 compli-
ance with its provisions may be directed to the
Board's Office, Room 8A24, Federal Office Building,
819 Taylor Street, Fort Worth, Texas 76102,
Telephone 817-334-2921.