Machinists Local 1769 (Dorsey Trailers)

National Labor Relations Board - Board Decisions

Aug 10, 1984

271 N.L.R.B. 911 (N.L.R.B. 1984)

MACHINISTS LOCAL 1769 (DORSEY TRAILERS)
International Association of Machinists and Aero-
space Workers, Local Lodge 1769 (Dorsey
Trailers, Inc.) and Arthur Hudson. Case 15-
CB-2625
10 August 1984
DECISION AND ORDER
BY CHAIRMAN DOSTSON, ZIMMERMAN,
HUNTER, AND DENNIS
DECISION AND ORDER
Upon a charge filed by Arthur Hudson 2 August
1982 the General Counsel of the National Labor
Relations Board issued a complaint 8 September
1982 against the Respondent alleging that it has
violated Section 8(b)(1)(A) of the National Labor
Relations Act.
The complaint alleges that the Respondent (a)
imposed a court-collectible fine against Arthur
Hudson for engaging in certain conduct after he
had submitted a written resignation of his member-
ship in the Respondent, and (b) filed a complaint in
court seeking to collect the fine. These actions are
alleged as violations of Section 8(b)(l)(A) of the
Act. The Respondent filed an answer denying that
it committed any unfair labor practices.
On 27 January and 7 and 21 March 1983 the
Union, the Charging Party, and the General Coun-
sel, respectively, moved the Board to transfer the
instant proceedings to the Board, without benefit of
a hearing before an administrative law judge, and
submitted a proposed record consisting of the
formal papers and the parties' stipulation of facts
with attached exhibits. On 29 July 1983 the Associ-
ate Executive Secretary, by direction of the Board,
issued an order granting the motion, approving the
stipulation, and transferring the proceeding to the
Board. Thereafter, the General Counsel and the
Respondent filed briefs.
Upon the entire record in the case, the Board
makes the following
FINDINGS OF FACT
1. JURISDICTION
The Employer, a corporation licensed to do busi-
ness in the State of Alabama, is engaged in the
manufacture of over-the-road truck trailers at its fa-
cility in Elba, Alabama. During the 12 months pre-
ceding issuance of the complaint, the Employer, in
the course and conduct of its business operations,
purchased and received goods and materials valued
in excess of $50,000 which were received at its
Elba, Aalbama facility directly from points located
outside the State of Alabama. We find that the Em-
ployer is an employer engaged in commerce within
271 NLRB No. 146
the meaning of Section 2(6) and (7) of the Act. We
further find that the Respondent is a labor organi-
zation within the meaning of Section 2(5) of the
Act.
II. THE ALLEGED UNFAIR LABOR PRACTICES
The issue presented is whether the Respondent
violated Section 8(b)(1)(A) by imposing a fine and
seeking to collect that fine against employee
Arthur Hudson for conduct that occurred after
Hudson resigned his membership in the Respond-
ent.
A. Facts
The Respondent and the Employer were parties
to a contract which expired about 31 October 1981
covering certain employees at the Employer's
Elba, Alabama facility. Negotiations for a new con-
tract began in October 1981. They were unsuccess-
ful and a strike ensued 2 November 1981. Hudson
was a member of the Respondent at the com-
mencement of a strike until 29 November, when he
submitted a written resignation to the Respondent.
Article L, section 3, of the Respondent's consti-
tution provides, in pertinent part:
SEC. 3. The following actions or omissions
shall constitute misconduct by a member
which shall warrant a reprimand, fine, suspen-
sion and/or expulsion from membership, or
any lesser penalty or any combination of these
penalties as the evidence may warrant after
written and specific charges and a full hearing
as hereinafter provided:
Accepting employment in any capacity in an
establishment where a strike or lockout exists
as recognized under this constitution, without
permission. Resignation shall not relieve a
member of his obligation to refrain from ac-
cepting employment at the establishment for
the duration of the strike or lockout if the res-
ignation occurs within the period of the strike
or lockout or within 14 days preceding its
commencement. Where observance of a pri-
mary picket line is required, any resignation
tendered during the period that the picket line
is maintained, or within 14 days preceding its
establishment, shall not become effective as a
resignation during the period the picket line is
maintained, nor shall it relieve a member of his
or her obligation to observe the primary line
for its duration.
These provisions were read to the membership at
meetings held 18 and 31 October, at which time
strike votes were also taken. As noted, the Re-
911
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spondent started its strike 2 November. The strike
lasted until I December. Hudson participated in the
strike vote and the strike by refraining from report-
ing to work prior to 30 November. On 29 Novem-
ber Hudson hand-delivered a written letter of resig-
nation to the Respondent and returned to work for
the Employer the following day.
Thereafter, on 23 December, the Respondent no-
tified Hudson by letter that he had been accused of
crossing a picket line and working at the Employ-
er's facility during an authorized strike. Hudson
was further informed that a trial on the matter
would be held 16 January 1982. At the trial, the
Respondent found Hudson guilty of the charge and
imposed a $500 court-collectible fine against him.
Hudson did not attend the trial and did not receive
notice of the fine until 8 April 1982. On 23 July
1982 the Respondent filed a claim in court against
Hudson for the collection of the fine. A trial was
held in November 1982, but no decision had been
rendered at the time of the stipulation and the Re-
spondent had made no further effort to collect the
fine.
B. Contentions of the Parties
The General Counsel urges the Board to find a
violation relying on the Board's decision in Ma-
chinists Local 1327 (Dalmo Victor), 263 NLRB 984
(1982). There, a plurality of the Board found that
"a union rule which limits the right of a union
member to resign only to nonstrike periods consti-
tutes an unreasonable restriction on a member's
Section 7 right to resign." Id. at 986. The General
Counsel asserts that, because the rule at issue here
is substantially similar to that considered in Dalmo
Victor, the rule is unenforceable for the same rea-
sons.
The Respondent argues that the Board should
dismiss the complaint assserting that the "common
law" rule with respect to voluntary associations,
such as unions, is that limitations on resignations
are enforceable where the purpose of the limiation
is to preserve group solidarity and mutual reliance
in situations in which a collective effort is neces-
sary to achieve a particular result. The Respondent
adds that, if union solidarity can be destroyed by
individual acts of defection, the employer will be
far less responsive to the union's threat to strike
and the union will be less able to negotiate effec-
tively on behalf of its members.
C. Discussion
While we agree with the General Counsel that
the Respondent's actions against Hudson violated
Section 8(b)(l)(A), we do not rely on the opinion
in Dalmo Victor in reaching this result. Instead, our
recent decision in Machinists Local 1414 (Neufeld
Porsche-Audi), 270 NLRB 1330 (1984), is control-
ling. In Neufeld, we reversed the plurality decision
in Dalmo Victor and its creation of a "salutary rule"
under which a union could impose a 30-day restric-
tion on its members' right to resign. Rather, the
Board adopted the concurring view of former
Chairman Van de Water and Member Hunter that
any restriction on a union member's right to resign
is unreasonable and violates the Act. Accordingly,
for the reasons set out in Neufeld, we find that a
union may not lawfully restrict the right of its
members to resign or otherwise refrain from pro-
tected Section 7 activities.' We further find that
the Respondent violated Section 8(b)(1)(A) by im-
posing a fine on Hudson for returning to work
during the strike after he resigned his membership
in the Respondent, and by filing a claim in court
seeking to collect the fine.
CONCLUSIONS OF LAW
1. Dorsey Trailers, Inc., Elba, Alabama, is an
employer engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act.
2. The Respondent is a labor organization within
the meaning of Section 2(5) of the Act.
3. By imposing a fine against Arthur Hudson for
returning to work at Dorsey Trailers, Inc., during
the strike that commenced about 2 November 1981
after Hudson resigned his membership in the Re-
spondent, and by filing a claim in state court seek-
ing to collect the fine, the Respondent violated
Section 8(b)(1)(A) of the Act.
4. The foregoing unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent engaged in
unfair labor practices in violation of Section
8(b)(1)(A) of the Act, we shall order that it cease
and desist therefrom and take certain affirmative
action necessary to effectuate the policies of the
Act, including the refund to Hudson of any
moneys he may have paid as a result of the fine im-
posed against him, with interest computed in the
manner prescribed in Florida Steel Corp., 231
NLRB 651 (1977).2 In addition, we shall order the
I Member Zimmerman agrees that the Respondent, by its enforcement
of a rule permitting members to resign only if their resignations are sub-
mitted no later than 14 days preceding the commencement of a strike,
violated Sec. 8(bXI)(A). However, he finds the violation only for the rea-
sons expressed by the Board plurality in Dalmo Victor, supra, and his con-
curring opinion in Neufeld Porsche-Audi, supra.
2 See generally Isis Plumbing Co., 138 NLRB 716 (1962).
912
MACHINISTS LOCAL 1769 (DORSEY TRAILERS)
Respondent to cease and desist from maintaining
the restriction on resignations found invalid and ex-
punge the provision from its constitution. Engineers
& Scientists Guild (Lockheed-California), 268 NLRB
311 (1983).3
The National Labor Relations Board orders that
the Respondent, International Association of Ma-
chinists and Aerospace Workers, Local Lodge
1769, Elba, Alabama, its officers, agents, and repre-
sentatives, shall
1. Cease and desist from
(a) Maintaining in its constitution article L, sec-
tion 3, to the extent it provides:
SEC. 3. The following actions or omissions
shall constitute misconduct by a member
which shall warrant a reprimand, fine, suspen-
sion and/or expulsion from membership, or
any lesser penalty or any combination of these
penalties as the evidence may warrant after
written and specific charges and a full hearing
as hereinafter provided:
Accepting employment in any capacity in an
establishment where a strike or lockout exists
as recognized under this constitution, without
permission. Resignation shall not relieve a
member of his obligation to refrain from ac-
cepting employment at the establishment for
the duration of the strike or lockout if the res-
ignation occurs within the period of the strike
or lockout or within 14 days preceding its
commencement. Where observance of a pri-
mary picket line is required, any resignation
tendered during the period that the picket line
is maintained, or within 14 days preceding its
establishment, shall not become effective as a
resignation during the period the picket line is
maintained, nor shall it relieve a member of his
or her obligation to observe the primary picket
line for its duration.
(b) Restraining or coercing employees who have
resigned from, and are no longer members of, the
Respondent in the exercise of the rights guaranteed
them by Section 7 of the Act by imposing court-
collectible fines on such employees and seeking to
collect those fines in court because of those em-
ployees' postresignation conduct in working at
Dorsey Trailers, Inc., during the strike that began
about 2 November 1981.
3 Member Dennis does not join this portion of the remedy because the
complaint does not allege the maintenance of the constitutional provision
to be unlawful and because, as she reads the stipulation of facts, the con-
stitution referred to is the constitution of the parent International, which
is not a party to this proceeding. See her position set forth in fn. 22 of
Neufeld Porsche-Audi, supra.
(c) In any like or related manner restraining or
coercing employees in the exercise of the rights
guaranteed them by Section 7 of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Expunge from its constitution the portion of
article L, section 3, set forth above.
(b) Rescind the fine levied against Arthur
Hudson because of his postresignation work for
Dorsey Trailers, Inc., during the strike that began
2 November 1981 and refund to him any moneys
he may have paid as a result of such fine, with in-
terest.
(c) Expunge from its records and files all refer-
ences to fines or discipline, including any intraun-
ion charges, citations, fines, or other disciplinary
action or disciplinary proceedings, against Arthur
Hudson for conduct occurring after his resignation
from the Union, including working behind a picket
line, and notify him of such expunction.
(d) Post at its business office and meeting halls
copies of the attached notice marked "Appendix."4
Copies of the notice, on forms provided by the Re-
gional Director for Region 15, after being signed
by the Respondent's authorized representative,
shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive
days in conspicuous places including all places
where notices to members are customarily posted.
Reasonable steps shall be taken by the Respondent
to ensure that the notices are not altered, defaced,
or covered by any other material.
(e) Sign and return to the Regional Director suf-
ficient copies of the notice for posting by Dorsey
Trailers, Inc., if willing, at all places where notices
to employees are customarily posted.
(f) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
4If 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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board."
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.
913
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT maintain in our constitution arti-
cle L, section 3, to the extent it provides:
SEC. 3. The following actions or omissions
shall constitute misconduct by a member
which shall warrant a reprimand, fine, suspen-
sion and/or expulsion from membership, or
any lesser penalty or any combination of these
penalties as the evidence may warrant after
written and specific charges and a full hearing
as hereinafter provided:
Accepting employment in any capacity in an
establishment where a strike or lockout exists
as recognized under this constitution, without
permission. Resignation shall not relieve a
member of his obligation to refrain from ac-
cepting employment at the establishment for
the duration of the strike or lockout if the res-
ignation occurs within the period of the strike
or lockout or within 14 days preceding its
commencement. Where observance of a pri-
mary picket line is required, any resignation
tendered during the period that the picket line
is maintained, or within 14 days preceding its
establishment, shall not become effective as a
resignation during the period the picket line is
maintained, nor shall it relieve a member of his
or her obligation to observe the primary picket
line for its duration.
WE WILL NOT restrain or coerce employees who
have resigned from, and are no longer members of,
the Union in the exercise of the rights guaranteed
them by Section 7 of the Act by imposing court-
collectible fines on such employees and seeking to
collect those fines in court because of their postre-
signation conduct in working at Dorsey Trailers,
Inc., during the strike that began 2 November
1981.
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.
WE WILL expunge from our constitution the .por-
tion of article L, section 3, set forth above.
WE WILL rescind the fine levied against Arthur
Hudson because of his postresignation work for
Dorsey Trailers, Inc., during the strike that began
2 November 1981 and WE WILL refund to him any
moneys he may have paid as a result of such fine,
with interest.
WE WILL expunge from the Union's records and
files all reference to fines or discipline, including
any intraunion charges, citations, fines, or other
disciplinary action or disciplinary proceedings,
against Arthur Hudson for conduct occurring after
his resignation from the Union, including working
behind a picket line, and WE WILL notify him of
such expunction.
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORK-
ERS, LOCAL LODGE 1769
914