Machinists Local 297 (Tacoma Boatbuilding)

National Labor Relations Board - Board Decisions

Jun 8, 1984

270 N.L.R.B. 1112 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Association of Machinists and Aero-
space Workers, Cascade Lodge No. 297 and
Tacoma Boatbuilding Company. Case 19-CB-
4948
8 June 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On a charge filed 18 October 1983 by Tacoma
Boatbuilding Company, the Employer, the General
Counsel of the National Labor Relations Board
issued a complaint 17 November 1983 against Inter-
national Association of Machinists and Aerospace
Workers, Cascade Lodge No. 297, the Respondent,
alleging that it has violated Section 8(b)(1)(B) of
the National Labor Relations Act.
With respect to the unfair labor practices, the
complaint alleges in substance that the Employer's
general foremen, Edward Jackola and Rudolph
Maurin, are supervisors within the meaning of the
Act and that about 8 October 1983 the Respond-
ent, acting through recording secretary Douglas K.
Still, fined both Jackola and Maurin because they
had crossed its picket line to perform certain super-
visory functions for the Employer. The complaint
alleges that by this conduct the Respondent has en-
gaged in, and is engaging in, unfair labor practices
affecting commerce within the meaning of Section
8(b)(1)(B) of the Act. About 23 November 1983
the Respondent filed an answer to the complaint
admitting in part, and denying in part, the allega-
tions in the complaint.
Subsequently, on 8 February 1984, the General
Counsel filed a Motion for Summary Judgment. On
10 February 1984 the Board issued an order trans-
ferring the proceeding to the Board and a Notice
to Show Cause why the motion should not be
granted. The Respondent filed no response.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on the Motion for Summary Judgment
In its answer to the complaint, the Respondent
admits that Edward Jackola and Rudolph Maurin
are supervisors under the Act, that both are repre-
sentatives of the Employer for the purposes of col-
lective bargaining and the adjustment of griev-
ances, and that it fined both because they had
crossed its picket line to perform certain superviso-
ry functions for the Employer. However, the Re-
spondent's answer also denies the commission of
any unfair labor practice and requests that the
270 NLRB No. 160
complaint be dismissed on the ground that it fails
to state a valid claim for relief.
The Board has found that "a union violates Sec-
tion 8(b)(1)(B) of the Act when it fines a supervi-
sor-member for working behind his union's picket
line, unless the work performed by him is more
than merely minimally rank-and-file work."' Inas-
much as the Respondent in this case has admitted
that it fined Jackola and Maurin because they
crossed a picket line to perform certain supervisory
functions for the Employer, we conclude that the
Respondent has violated Section 8(b)(1)(B) of the
Act.2 Accordingly, we grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board
makes the following
FINDINGS OF FACT
I. JURISDICTION
The Employer, a Washington corporation, is en-
gaged in the business of construction and repair of
ships and marine equipment at its facility in
Tacoma, Washington. During the 12 months pre-
ceding issuance of the complaint in this case, a rep-
resentative period, the Employer, in the course and
conduct of its business operations, had gross sales
of goods and services valued in excess of $500,000
and, during that same period, also sold and shipped
goods and materials or provided services valued in
excess of $50,000 either directly from its facilities
located within the State of Washington to custom-
ers located outside that State, or to customers
within the State of Washington which themselves
are engaged in interstate commerce by other than
indirect means. We find that Tacoma Boatbuilding
is an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and
that it will effectuate the purposes of the Act to
assert jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
International Association of Machinists and
Aerospace Workers, Cascade Lodge No. 297, is a
labor organization within the meaning of Section
2(5) of the Act.
CONCLUSIONS OF LAW
By fining statutory supervisors Edward Jackola
and Rudolph Maurin because each of them crossed
a picket line to perform certain supervisory func-
, Bricklayers Local 28 (Sal Masonry Contractors), 265 NLRB 744, 746-
747 (1982).
In so concluding, we emphasize that the Respondent does not con-
tend here that Jackola and Maurin performed any bargaining unit work
during the strike.
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MACHINISTS LOCAL 297 (TACOMA BOATBUILDING)
tions for the Employer, the Respondent has en-
gaged in unfair labor practices affecting commerce
within the meaning of Section 8(b)(1)(B) and Sec-
tion 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged
in unfair labor practices within the meaning of Sec-
tion 8(bXlXB) of the Act, we shall order that it
cease and desist therefrom, and that it take certain
affirmative action designed to effectuate the pur-
poses of the Act.
As we have found that the Respondent unlawful-
ly imposed fines on Edward Jackola and Rudolph
Maurin, we shall order that the Respondent rescind
the fines levied against these employees and reim-
burse them for any and all sums which they may
have paid to the Respondent with interest as pro-
vided for in Florida Steel Corp., 231 NLRB 651
(1977).3
ORDER
The National Labor Relations Board orders that
the Respondent, International Association of Ma-
chinists and Aerospace Workers, Cascade Lodge
No. 297, Tacoma, Washington, its officers, agents,
and representatives, shall
1. Cease and desist from
(a) Fining or otherwise disciplining Edward
Jackola and Rudolph Maurin, or any other supervi-
sor of Tacoma Boatbuilding Company, for per-
forming supervisory duties behind the Union's
picket line.
(b) In any like or related manner restraining or
coercing Tacoma Boatbuilding Company in the se-
lection of its representatives for the purposes of
collective bargaining or the adjustment of griev-
ances.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Rescind and expunge all records of the fines
levied against Edward Jackola and Rudolph
Maurin for performing supervisory duties behind
the Union's picket line.
(b) Reimburse Edward Jackola and Rudolph
Maurin for any and all sums which they may have
paid as a result of the unlawful action in the
manner set forth in the remedy section of the deci-
sion.
(c) Post at its offices and union halls copies of
the attached notice marked "Appendix." 4 Copies
' See generally Isis Plumbing Co., 138 NLRB 716 (1962).
4 If 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-
of the notice, on forms provided by the Regional
Director for Region 19, after being signed by the
Respondent's authorized representative, shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 consecutive days in
conspicuous places including all places where no-
tices to members are customarily posted. Reasona-
ble steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or
covered by any other material.
(d) Sign and return to the Regional Director suf-
ficient copies of the attached notice marked "Ap-
pendix" for posting by Tacoma Boatbuilding Com-
pany, if willing, in conspicuous places including all
places where notices to employees are customarily
posted.
(e) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
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 AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT fine or otherwise discipline
Edward Jackola and Rudolph Maurin, or any other
supervisor of Tacoma Boatbuilding Company, for
performing supervisory duties behind the Union's
picket line.
WE WILL NOT in any like or related manner re-
strain or coerce Tacoma Boatbuilding Company in
the selection of its representatives for the purposes
of collective bargaining or the adjustment of griev-
ances.
WE WILL rescind and expunge all records of the
fines levied against Edward Jackola and Rudolph
Maurin for performing supervisory duties behind
the Union's picket line.
WE WILL reimburse Edward Jackola and Ru-
dolph Maurin for any and all sums which they may
have paid as a result of our unlawful action against
them, plus interest.
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORK-
ERS, CASCADE LODGE No. 297
1113