Local 201, Electrical Workers

National Labor Relations Board - Board Decisions

Mar 5, 1971

188 N.L.R.B. 855 (N.L.R.B. 1971)

LOCAL 201, ELECTRICAL WORKERS
Local 201 , International Union of Electrical , Radio and
Machine Workers, AFL-CIO, and General Electric
Company . Case 1-CB-1550
March 5, 1971
DECISION AND ORDER
BY MEMBERS FANNING, BROWN, AND JENKINS
On September 3, 1970, Trial Examiner William W.
Kapell issued his Order Recommending Approval of
Respondent's Offer of a Consent Board Order and
Notice, attached hereto, in the above-entitled pro-
ceeding finding that a proposed consent order submit-
ted by Respondent provides a full remedy with
respect to all aspects of the Section 8(b)(1)(A) viola-
tions alleged in the complaint, as amended, and the
specifications thereunder; that it will protect the pub-
lic interest and effectuate the purposes and policies of
the Act; and that further hearing herein with respect
to Respondent's defense could not result in any
changes in the proposed consent order and notice
which would be more favorable to the General Coun-
sel and Charging Party, and recommending that the
Board approve and adopt the Amended Consent Or-
der and Notice submitted by the Respondent. There-
after, the Charging Party filed exceptions to the Trial
Examiner's Order and a supporting brief; the General
Counsel filed a statement of intent; Respondent filed
a reply to General Counsel's statement of intent and
a reply to Charging Party's exceptions; and the
Charging Party filed an answer to Respondent's reply
brief.
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.
The Board has considered the proposed consent
order, the Trial Examiner's recommendation, the ex-
ceptions,' the briefs and other papers filed by the
parties, and the entire record in the case and hereby
adopts the Trial Examiner's recommendation that the
proposed consent order be adopted.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Board hereby orders that Respondent Lo-
cal 201 , International Union of Electrical , Radio and
Machine Workers , AFL-CIO, its officers , agents, and
representatives , shall:
1. Cease and desist from:
(a) Restraining and coercing employees of the Gen-
eral Electric Company at its River Works, West Lynn,
Everett , or Wilmington-North Reading plants located
855
in Lynn, West Lynn, Everett, and Wilmington-North
Reading, Massachusetts, respectively, in the exercise
of their rights under Section 7 of the Act by barring,
delaying, obstructing, or impeding ingress or egress to
the employees, supervisors, or other individuals
through mass or other picketing or physical force, or
threats thereof, by throwing or placing nails, glass, or
other debris in the roadway, at the gates or under the
tires of vehicles attempting to enter or exit, by scratch-
ing, banging on, rocking, or damaging vehicles or by
engaging in assaults or threats of violence against the
aforesaid employees, supervisors, and other individ-
uals or by any other means.
(b) In any other manner restraining or coercing
employees of the General Electric Company and oth-
er individuals in the exercise of rights guaranteed in
Section 7 of the Act.
2. Take the following affirmative action to effectu-
ate the policies of the National Labor Relations Act,
as amended:
(a) Post in conspicuous places at the offices and
meeting hall of Respondent in Lynn, Massachusetts,
including all places where notices are customarily
posted, copies of the notice attached hereto and
marked "Appendix."' Copies of said notice to be fur-
nished by the Regional Director for Region I shall,
after being duly signed by an official representative of
the Respondent, be posted immediately upon receipt
thereof and maintained for 60 consecutive days there-
after. Reasonable steps shall be taken by Respondent
to insure that said notices are not altered, defaced, or
covered by any other material.
(b) Mail to the Regional Director for Region 1
signed copies of said notice for posting, if General
Electric Company is willing, in the General Electric
Company plants at Lynn, West Lynn, Everett, Wil-
mington-North Reading, Massachusetts, at places
where notices to General Electric employees are cus-
tomarily posted. Copies of the said notice to be fur-
nished by the Regional Director for Region I shall,
after being duly signed by the Respondent's repre-
sentative, be forthwith returned to the Regional Di-
rector for such posting by General Electric Company.
(c) Notify the Regional Director for Region 1, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
The Board finds no ment in Respondent's contention that the Charging
Party does not have standing to file exceptions to the Trial Examiner's
recommended Order.
2 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 TO A JUDGMENT OF THE UNITED
STATES COURT OF APPEALS ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD "
188 NLRB No. 125
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT restrain or coerce employees of
the General Electric Company at its RiverWorks,
West Lynn, Everett or Wilmington-North Read-
ing plants located in Lynn, West Lynn, Everett
and Wilmington-North Reading, Massachusetts,
respectively, in the exercise of their rights under
Section 7 of the Act by barring, delaying, ob-
structing or impeding ingress or egress to the em-
ployees, supervisors or other individuals through
mass or other picketing or physical force, or
threats thereof, by throwing or placing physical
force, or threats thereof, by throwing or placing
nails, glass or other debris in the roadway, at the
gates or under the tires of vehicles attempting to
enter or exit, by scratching, banging on, rocking
or damaging vehicles or by engaging in assaults
or threats of violence against the aforesaid em-
ployees, supervisors and other individuals or by
any other means.
WE WILL NOT in any other manner restrain or
coerce employees of the General Electric Com-
pany and other individuals in the exercise of
rights guaranteed in Section 7 of the Act.
LOCAL 201 , INTERNATIONAL
UNION OF ELECTRICAL, RADIO
AND MACHINE WORKERS OF 1
AMERICA . 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 , Bulfinch Building, 7th Floor, 15 New
Chardon Street , Boston , Massachusetts 02114, Tel-
ephone 617-223-3330.
ORDER RECOMMENDING APPROVAL OF
RESPONDENT'S
OFFER OF A CONSENT BOARD
ORDER AND NOTICE
It appears that a complaint was issued herein on January
7, 1970 alleging that Respondent violated Section 8 (b)(1)(A
by (a) obstructing and delaying ingress and/or egress of
company employees and other individuals by stopping ev-
ery vehicle as it entered or departed company property, (b)
blocking and preventing ingress and/or egress of individ-
uals and cars by mass picketing, (c) obstructing and block-
ing ingress and egress of trucks by mass picketing , violence
and threats thereof , (d) throwing and placing nails, glass
and other debris under the tires of vehicles attempting to
enter or exit company plants , and (e) attempting to and
damaging vehicles of the Company and its employees, and
otherwise threatening and engaging in violence to company
employees.
Pursuant to a demand for Specifications of Paragraph
8(a) of the complaint , the General Counsel furnished the
following pertinent particulars:
1(a) The gravamen of Paragraph 8(a) of the Amended
Complaint is that Respondent obstructed, delayed or
stopped `every vehicle ' as it attempted to enter or leave
the company premises . Respondent did so through the
use of certain pre-strike arrangements it had apparent-
ly consumated with the individual police departments
of the various cities and towns where it had determined
to establish picket lines at General Electric plants....
Clearly, an arrangement, to which neither the Board
nor the Charging Part was a party and which estab-
lished and maintainedywhat the various police forces
interpreted to be "peaceful" picket lines resulted in
deliberate, predictable and uninterrupted stoppage and
delay to non-strikers and others in entering company
premises and which are direct by attributable to the
union ... It is the further contention of General Coun-
sel, which we expect to prove by a preponderance of the
evidence , that Respondent ... , promulgated, main-
tained and applied the arrangements with the various
local police as a method to illegally delay, obstruct,
and, in many instances, deny exit from company prop-
In response to a Trial Examiner 's ruling on Respondent's
Motion Tor Further Specifications in relation to Paragraph
8(a) of the complaint the General Counsel stated in perti-
nent part as follows:
The present state of General Counsel's knowledge is
that on some occasions the police of various local com-
munities were present at the picket line and had been
persuaded and/or enticed by the named and/or desig-
nated Union officials to unwittingly assist , aid and abet
the Respondent, and its picketing representatives, in
many of the stoppages and impeding of vehicles alleged
to be unlawful in the Amended Complaint . The police
presence was incidental to the performance of their
public function and responsibility to maintain order
and protect the rights of all citizens relative to the
picket lines established by Respondent in support of
the strike . The extent of the responsibility for illegal
action and the legal nature of the relationship between
LOCAL 201, ELECTRICAL WORKERS
the police and Respondent 's officials which often cul-
minated in depriving non-striking and other employees
to their rights of access to the Company property and
which also (independently) provided opportunity for
further, far more grievous violations (also alleged in the
Complaint), is an issue to be determined by the trier of
fact ... It is not contended that the police violated
the Act . Rather, it is contended that the Union , having
established the picket line, is responsible for the illegal
affirmative efforts of Union officials .... The Com-
plaint alleges only that Respondent illegally impeded
and/or prevented ingress or egress to the plant by
named agents and/or officers or caused such action to
be perpetrated .... These we attempted to spell out in
Section 1 (a) of the General Counsel 's original Reply
and Opposition . General Counsel did not attempt to
categorize the role of the police as agents at that time,
nor does General Counsel now assert that osition.
Thereafter , following the filing of an answer ofa general
denial , the hearing on the pleadings was begun on April 13,
1970. On April 16 and 17, Respondent objected to the intro-
duction of certain testimony allegedly relating to Paragraph
8(a) of the complaint on the ground that it was not consist-
ent with the Specifications previously furnished by the Gen-
eral Counsel . Following extensive arguments in which the
General Counsel challenged the right of the Trial Examiner
to consider and/or rule in the matter, the hearing was ad-
journed and the parties were given time to submit memo-
randa on the point . On April 22 , 1970, the General Counsel
filed a Request for Special Permission to Appeal the Trial
Examiner 's rulings . By telegraphic order of May 8 , 1970, the
Board denied the General Counsel's Request with respect to
the Trial Examiner's rulings of April 16 and 17. On resump-
tion of the hearing on June 1 , the Trial Examiner ruled that
as long as the Specifications under Paragraph 8(a) of the
complaint were not amended , evidence relative thereto
would not be admitted unless connected with the alleged
police arrangements . The General Counsel thereupon
amended the Specifications under Paragraph 8(a) as fol-
lows:
Therefore , General Counsel hereby moves to amend
the pleadings specifically referred to by the Trial Ex-
aminer including our initial specification, Response to
Respondent 's Motion for Further Specifications (GC
Exh. l (cc)) and Reply and Opposition (GC Exh. 1(j))
to delete our reference to the police "arrangements' or
agreements with Respondent as forming a basis for
liability under Paragraph 8(a) of the Amended Com-
plaint . We further wish to clarify all specifications
and/or arguments and to again advise the - Trial Exam-
iner and Respondent that we do not intend to rely upon
any police agreement or arrangement with Respondent
to support the violations alleged in Paragraph 8(a) of
the Amended Complaint . We wish , however, to make
it perfectly clear that by such amendment and/or clari-
fication, we are not agreeing to limit ouselves in the
introduction of evidence to situations where no police
were present during picket line incidents or in testimo-
ny needed to present the full picture of what occurred
at or around the picket lines including the presence of
police and their activities throughout the course of the
strike . Police presence and/or activity is a condition of
virtually every picket line and will be introduced as
part of the total picture as it affects the allegations in
the Complaints.
857
Order and Notice ; that the General Counsel and Chargging
Party raised several objections thereto as a result of whicfi
Respondent agreed to make certain but not all the r equested
changes in its proposed Consent Board Order and Notice:
that the principal objection made by the General Counsel
and Charging Party , which was not agreed to by Respon-
dent, was that no provision was made with respect to "police
arrangements" pursuant to Paragraph 8(a) of the com-
plaint ; and that the hearing was continued sine die pending
disposition of the proposed Amended Consent Board Order
and Notice , which is attached hereto as Exhibit A.'
In the event the aforesaid Order and Notice are rejected
by the Trial Examiner, the Board , or the Court of Appeals,
Respondent reserved the right to a hearing on its defense
and to such other rights accruing therefrom.
Upon due deliberation I find that Respondent's proposed
Amended Consent Board Order and Notice provide a full
remedy with respect to all aspects of the Section 8(bXIXA)
violations alledged in the complaint, as amended during the
hearing, and the Specifications furnished thereunder, to
which the General Counsel and Charging Party are entitled
to under current Board law , and that it also will protect the
public interest and effectuate the purposes and policies of
the Act . I also find that further hearing herein with respect
to Respondent's defense could not result in any changes in
the proposed Consent Order and Notice , which would be
more favorable to the General Counsel and Charging Party.
1, therefore , recommend to the Board that it approve and
adopt the proposed Amended Consent Board Order and
Notice.
The parties are hereby given 20 days from the date of
service of this Recommendation to take whatever appropri-
ate action they deem necessary to protect their respective
interests.
Exhibit A
Proposed Consent Board Order and Notice
The Respondent, Local 201 , International Union of Elec-
trical, Radio and Machine Workers , AFL-CIO its officers,
agents , representatives , successors and assigns shall:
1. Cease and desist from:
(a) Restraining and coercing empployees of the General
Electric Company at its River Works , West Lynn, Everett
or Wilmington-North Reading plants located in Lynn, West
Lynn, Everett and Wilmington-North Reading, Massachu-
setts , respectively , in the exercise of their rights under Sec-
tion 7 of the Act by barring, delaying, obstructing or
impeding ingress or egress to the employees , supervisors or
other individuals through mass or other picketing or phys-
ical force, or threats thereof , by throwing or placing nails,
glass or other debris in the roadway, at the gates or under
the tires of vehicles attempting to enter or exit , by scratch-
ing, banging on, rocking or damaging vehicles or by engag-
ing in assaults or threats of violence against the aforesaid
employees, supervisors and other individuals or by any oth-
er means.
(b) In any other manner restraining or coercing employ-
ees of the General Electric Company and other individuals
in the exercise of rights guaranteed in Section 7 of the Act.
2. Take the following affirmative action to effectuate the
policies of the National Labor Relations Act, as amended:
It appears further that General Counsel and the Charging
Party completed their cases-in-chief on July 27, 1970 and In submitting its agreed upon proposed Amended Order and Notice.
rested ; that thereupon Respondent offered a Consent Board Respondent made certain unauthorized changes, which were thereafter recti-
fied by its telegrams of August 31 and and September 2.
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Post in conspicuous places at the offices and meeting
hall of Respondent in Lynn, Massachusetts , including all
places where notices are customarily posted , copies of the
notice attached hereto and marked `Appendix ." Copies of
said notice to be furnished by the Regional Director for the
First Region shall, after being duly signed by an official
representative of the Respondent , be posted immediately
upon receipt thereof and maintained for 60 consecutive
days therealter . Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered , defaced or
covered by any other material.
(b) Mail to the Regional Director for the First Region
signed copies of said notice for posting, if General Electric
Company is willing, in the General Electric Company plants
at Lynn, West Lynn, Everett, Wilmington-North Reading,
Massachusetts , at places where notices to General Electric
employees are customarily posted. Copies of the said notice
to be furnished by the Regional Director for the First Re-
gion shall, after being duly signed by the Respondent's rep-
resentative , be forthwith returned to the Regional Director
for such posting by General Electric Company.
(c) Notify the Regional Director for the First Region in
writing within 20 days from the date of this Order what steps
the Respondent has taken to comply herewith.3
2 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 THE
UNITED STATES COURT OF APPEALS ENFORCING AN ORDER
OF THE NATIONAL LABOR RELATIONS BOARD."
3 In the event that this Recommended Order is adopted by the Board, this
provision shall be modified to read : "Notify the Regional Director for Re-
gion 7, in writing, within 10 days from the date of this Order , what steps
Respondent has taken to comply herewith."
859
(INTENTIONAL BLANK)
860
(INTENTIONAL BLANK)