Oregon Teamsters' Security Plan Office

National Labor Relations Board - Board Decisions

Oct 30, 1957

119 N.L.R.B. 207 (N.L.R.B. 1957)

OREGON TEAMSTERS' SECURITY ELAN OFFICE 207
,We find, therefore, that no question affecting commerce exists con-
cerning the representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
[The Board dismissed the petition.]
Oregon Teamsters' Security Plan Office and William C. Earhart,
Administrator thereof, and of Teamsters Security Administrate
tion Fund , and Warehousemen Local No . 206, affiliated with
the International ` Brotheritood of Teamsters , Chauffeurs, Ware,
housemen and Helpers of America , AFL-CIO ; International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America , AFL-CIO and Teamsters Building Asso-
ciation, Inc.; International Brotherhood of Teamsters , Chauf,
feurs, Warehousemen and Helpers of America , AFL-CIO,,
and its Local No. 223 , Grocery, Meat, Motorcycle and Miscel-
laneous Drivers; Warehousemen Local No. 206, affiliated,
with the International Brotherhood of Teamsters, Chauffeurs,,
Warehousemen ^ and Helpers of America , AFL-CIO ; Inter,
national Brotherhood of Teamsters , Chauffeurs, Warehouse-
men and Helpers of America , AFL-CIO and Joint Council of
Drivers, No. 37; International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America , AFL-CIO,
and its agents, John J. Sweeney, and Oregon Teamsters' Se-
curity Plan Office, and William C. Earhart , Administrator
thereof, and of Teamsters Security Administration- Fund and
Office Employes International Union, Local No. 11 . Cases Nos.
36-CA-410, 36-CA-637, 36--CA-638, 36-CA-639, 36-CA-647, and
36-CA-648. October30,1957
SUPPLEMENTAL DECISION AND ORDER
On January 10, 1955, Trial Examiner Martin S. Bennett issued
his Intermediate Report in the above-entitled proceeding, finding that
the Respondents had engaged in and were engaging in certain unfair
labor practices 'and recommending that they cease and desist there
from and take certain affirmative action, as set forth in the copy of
the Intermediate Report attached to the original Decision and Order
herein. Thereafter, the Respondents, the General Counsel, and the
Charging Union filed exceptions together with supporting briefs."'
On August 25, 1955, the majority of the Board dismissed the come
plaints with-respect to all the` Respondents for jurisdictional reasons.;.
This decision was affirmed by the United States Court of Appeals for,
1113 NLRB 987 (Members Leedom and Rodgers dissented).
119 NLRB No. 31.
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the District of Columbia,' but was reversed by the Supreme Cou'rt,3
and the case was remanded to the Board for further proceedings.
Pursuant to the remand, the Board has considered the Intermediate
Report, the exceptions and briefs, and the entire record herein, and
hereby adopts the findings, conclusions, and recommendations of the
Trial Examiner, with the following additions and modifications :
1. Applying the jurisdictional standards enunciated in the Jones-
boro decision,4 the Trial Examiner found that it would effectuate the
policies of the Act to assert jurisdiction (1) over Respondents Oregon
Teamsters' Security Plan Office (hereinafter referred to as Security
Fund) and its administrator, Earhart, because of the annual volume of
funds ($2,000,000) remitted by it to an out-of-State insurance carrier;
and (2) over the remaining Respondents, because they were integral
parts of a multistate enterprise, which had an annual outflow of
per capita taxes and initiation fees of approximately $6,000,000.
Whether the foregoing premium payments and per capita taxes and
initiation fees be considered "inflow" or "outflow" under the Board's
jurisdictional standards, those standards would be met here. We find,
therefore, in agreement with the Trial Examiner, that it will effectu-
ate the policies of the Act to assert jurisdiction over all the Respond-
ents. The T. H. Rogers Lumber Company, 117 NLRB 1732.
2. Like the Trial Examiner, we find that the Respondents violated
the Act in the following respects :
a. Violation of Section 8 (a) (2) and (1) by the International 5
Local 223, Security Fund, and Local 206, in soliciting and coercing
employees to join Local 223.
b. Violation of Section 8 (a) (5) and (1) by Security Fund and
Earhart in refusing to bargain with the Charging Union as the repre-
sentative of the employees of Security Fund.
c. Violation of Section 8 (a) (3) and (1) by Local 206 in discharg-
ing Cook because of her refusal to cross the picket line established by
the Charging Union.
d. Violation of Section 8 (a) (1), (3), and (4) by Building Asso-
ciation in discharging Olstad, who had been subpenaed by the General
Counsel to testify in support of the original charge in this case 6
2 235 F. 2d 832.
2 353 U. S. 313.
4 Jonesboro Grain Drying Cooperative , 110 NLRB 481.
6 The Trial Examiner omitted a finding that the International was an employer under
the Act. We so find.
6 As found by the Trial Examiner , the initial charge filed in this proceeding was the
culmination of a contest between the Charging Union and Teamsters ' Local 223 for the
right to represent the office employees of various Respondents , all affiliated directly or
indirectly with the Teamsters ' organization . In this contest all the Respondents arrayed
themselves against the Charging Union . The discharges , discussed in the text , of Olstad,
Barnes, Henry, and Ermence occurred shortly after the General Counsel subpenaed them
to testify in support of the original charge herein.
OREGON TEAMSTERS' SECURITY PLAN OFFICE 209
against Security Fund and Local 206, because she had manifested her
willingness to so testify.
e. Violation of Section 8 (a) (1), (2), (3), and (4) by Building
Association and Joint Council, in discharging their joint employee,
Barnes, who had been subpenaed to testify as a witness for the Gen-
eral Counsel in support of the original charge in this case, because of
the belief that her testimony would be adverse to the interests of vari-
ous of the Respondents.
f. Violation of Section 8 (a) (1), (2), (3), and (4) by Security
Fund and its administrator, Earhart, in discharging Henry for the
same reason as in the cases of Barnes and Olstad, and because she had
otherwise manifested her adherence to the cause of the Charging Union
rather than that of Local 2231
g. Violation of Section 8 (a) (1) by the International and Sweeney
based on Sweeney's attempt to induce Ermence to give false testimony
in this proceeding or avoid testifying at all 8
3. The Trial Examiner further found that Security Fund and Ear-
hart discharged Ermence, who had been called to testify as a witness
for the General Counsel in this proceeding, because it was expected
that she would testify adversely to the interests of her employer and
Local 223, and in aid of the cause of the Charging Union. We agree
that Ermence was discharged for these reasons. However, the Trial
Examiner found that Ermence, at the time of her discharge, was not
an employee but a supervisor and so was not protected by Section 8
(a) (4) or (3) of the Act. Accordingly, he found that her discharge
did not violate those provisions, but did violate Section 8 (a) (1) and
(2) because of its coercive effect upon rank-and-file employees. The
General Counsel and the Charging Union except to the finding that
Ermence was a supervisor and was not protected by Section 8 (a) (3)
and (4).
We have carefully reviewed the evidence bearing on Ermence's
supervisory status and find, contrary to the Trial Examiner, that such
evidence preponderates in favor of a finding that she was not a super-
visor but an employee. As the Trial Examiner found, Ermence had
clearly acted as a supervisor for Security Fund prior to the appoint-.
In so finding , we do not rely , as the Trial Examiner did, on Henry ' s role in soliciting
other employees to join the Charging Union , as there is no evidence that this was known
to her employer.
Like the Trial Examiner , we find that , even if Henry were discharged , as Security Fund
contends , because she had protested to Crosby the proposed remodeling of the offices in
which she worked, such protest constituted protected concerted activity, as it was made on
behalf of all the employees of Security Fund and at their request. The discharge of Henry
for that reason would, as the Trial Examiner found, violate Section 8 ( a) (1), and
she would be entitled to the same remedy of reinstatement with back pay as we grant
hereinafter.
, However , we shall issue no remedial order against Sweeney and the action against him
is hereby ordered abated . See footnote 15, infra.
476321- 58-vol. 119-15
210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment of Earhart in April 1954, as a full-time administrator of the
Fund. However, upon taking office, Earhart told Ermence that her
duties would be primarily clerical, and she did in fact perform the
same work as the other clerks. In addition, she distributed work to
the employees and assisted Earhart in interviewing job applicants.
Earhart testified on direct examination that he "placed a great deal
of confidence" in Ermence's opinions "in regard to hiring and firing"
of employees and that he gave "consideration" to her views in regard
to the granting of salary increases. However, on cross-examination
he stated that only one salary increase (to Henry) was granted by
him before Ermence's discharge on August 16, 1954, and that in that
instance she "agreed" with him that an increase was in order. How-
ever, he was vague as to the details of the discussion between him and
Ermence, and his testimony, on the whole, is consistent with the view
that he had independently determined to grant the increase and
Ermence merely indicated approval of this decision. This is con-
firmed by the testimony of Ermence that Earhart did not seek her
advice about the increase.9 With regard to hiring, Ermence corro-
borated Earhart's testimony that she assisted him in interviewing
applicants and commented on their qualifications but she testified,
without contradiction, that thereafter each applicant was again inter-
viewed by the auditor of the Security Fund, who submitted his recom-
mendation to Earhart. With regard to discharge, the only instance
thereof in the record involved Mrs. Tombe. The testimony of both
Ermence and Earhart is in agreement that he solicited her opinion of
the quality of Tombe's work, that Ermence expressed an unfavorable
view, and that Earhart thereafter obtained a report from the auditor
that Tombe was not qualified for her job.
In determining whether Ermence had the power effectively to
recommend hiring, discharge, or salary increases, the conclusionary
statements of Earhart that he placed a "great deal of confidence in"
or gave "consideration" to Ermence's opinion on those matters, even
if credited, do not settle the matter. To find that Ermence had the
power of effective recommendation, it is necessary to find that her
recommendations had controlling weight. As to hiring and discharge,
such a finding is precluded by the undisputed evidence that in every
instance of hiring and discharge mentioned in the record, Earhart,
although having first consulted Ermence, did not act until after he had
obtained the views of the auditor. As to salary increases, even if we
credit Earhart's testimony that he gave "consideration" to Ermence's
views, and that she agreed with him in 1 or 2 instances that an increase
9 The Trial Examiner fails to allude to this testimony but instead characterizes as
"uncontroverted" Earhart's testimony on this point. Elsewhere, Ermence was generally
credited by the Trial Examiner.
OREGON TEAMSTERS' SECURITY PLAN OFFICE 211
should be granted, that would not be persuasive that she had the
power of effective recommendation.1°
Accordingly, upon the entire record, we find that Ermence was not
a supervisor at the time of her discharge but an employee, and that,
as she was discharged for the reasons found by the Trial Examiner,
the Security Fund and Earhart, in discharging her, violated Section
8 (a) (1), (2), (3), and (4) of the Act.il
THE REMEDY
The Trial Examiner recommended that those Respondents 12 that
he found to have unlawfully assisted Local 223 by soliciting applica-
tions for membership therein withhold recognition from Local 223 as
the representative of their employees, until certified. The General
Counsel excepts to this remedy insofar as it implies that Local 223 may
in a proper proceeding be certified by the Board as the representative
of the employees of such Respondents. The General Counsel contends
that the appropriate remedy is to debar such Respondents from recog-
nizing Local 223 at any time in the future.
We find merit in this contention. Clearly, Local 223 is not com-
petent to bargain with itself concerning the terms of employment of
its own employees. Such bargaining would necessarily be a mere sham
and not genuine 'collective bargaining. Nor do we believe that there
could be any effective collective bargaining by Local 223 for the em-
ployees of Local 206, or Security Fund, in view of the common bond
that Local 223 and such other Respondents have with the Teamsters
organization.13
As the Board stated in Bausch c6 Lomb,14 a union must approach the
bargaining table "with the single-minded purpose of protecting and
advancing the interests of the employees who have selected it as their
bargaining agent and there must be no ulterior purpose." Where, as
10 The Trial Examiner 's apparently inadvertent failure to take into account Ermence's
denial that her advice was sought with regard to Henry' s raise ( see footnote 9, supra)
detracts significantly from his appraisal of the relative weight of the evidence for and
against a finding that Ermence was a supervisor.
"Even if, as the Trial Examiner found , her discharge be deemed to violate only
Section 8 ( a) (1) and ( 2), she would be entitled to the same remedy of reinstatement
with back pay. Better Monkey Grip Company, 115 NLRB 1170, enfd . 243 F. 2d 836
(C. A. '5).
Member Jenkins concurs in the finding of a violation of Section 8 (a) (4) in the dis-
charge of Ermence and the other employees named above . However, contrary to the
implications in the text , supra, he does not believe that it is a necessary ingredient of such
violation that the Respondents involved anticipated that the dischargees ' testimony would
be adverse to such Respondents ' interests or would favor the Charging Party. To establish
the violation of Section 8 (a) (4), it suffices , in his opinion , that the discharges were
shown to have been prompted by the fact that the employees were subpenaed to testify in
a Board proceeding.
12 Security Fund, Local 206, and Local 223, itself.
Security Fund is controlled by the trustees of various trust funds established pursuant
to'contracts between Teamster locals and employers . Half of these trustees are designated
by the locals.
14 Bausch of Lomb Optical Company, 108 NLRB 1555, 1559.
212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
here, a union has allegiances which conflict with that purpose, we do
not believe that it can be a proper representative of employees. Ac-
cordingly, the Trial Examiner's recommendation that the Respond-
ents Local 223, Local 206, and Security Fund be required to withhold
recognition from Local 223 "until certified," will be modified by elimi-
nating the quoted phrase.
With respect to back pay, we shall, in accord with our usual policy,
toll the Respondents' liability for back pay for the period beginning
with the date of the original Decision and Order herein and ending
with the date of this Supplemental Decision and Order.15
ORDER
.Upon the entire record in these cases, and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
I. Teamsters Security Administration Fund, its officers, agents, suc-
cessors, and assigns, and William C. Earhart, its administrator, shall:
(a) .Cease and desist from:
(1) Discouraging membership in Office Employes International
Union, Local No. 11, and encouraging membership in Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or in any other
labor organization of its employees, by discharging employees or dis-
criminating in any manner with respect to hire, tenure, or any term
or condition of employment because of the union membership or ac-
tivity of employees or because employees have given testimony under
the Act or have been subpenaed to give such testimony.
(2) Refusing to bargain collectively with Office Employes Interna-
tional Union, Local No. 11, as the exclusive representative of all its
employees, excluding supervisors, at its Portland office.
(3) Soliciting membership in, passing out and picking up applica-
tions for membership in, promising benefits for support of, and
threatening economic reprisals for failure to join Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or any suc-
cessor thereto.
u After the instant proceeding was remanded to the Board pursuant to the decision of
the Supreme Court, the Board received from the Respondents ( except Sweeney ) motions
requesting that the Board abate Case No. 36-CA-648 as to Respondent Sweeney because
of his . decease on November 2, 1956, and that the Board grant the other Respondents
45 days to file amended answers and exceptions , to present briefs and oral argument to the
Board in support of such amended exceptions , and to adduce further evidence. The
Charging Union thereafter filed opposition to these motions except insofar as they related
to the abatement of the action against Sweeney.
Except for such abatement , we find no merit in the Respondents ' motions and they are
hereby denied . The issues which Respondents state they desire to raise by the proposed
amendments to their answers and exceptions either have already been fully litigated before
the Board or constitute novel legal contentions which the Respondents had adequate
opportunity to present to the Board in the original proceeding herein. Upon consideration
of all the circumstances , we do not believe that any further delay in disposing of this
proceeding would be warranted.
OREGON TEAMSTERS ' SECURITY PLAN OFFICE 213
(b) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(1) Upon request, bargain collectively with Office Employes Inter-
national Union, Local No. 11, as the exclusive representative of all
its employees, excluding supervisors, with respect to wages, rates of
pay, hours of employment, or other conditions of employment, and,
if an understanding is reached, embody such understanding in a signed
agreement.
(2) Offer to Marian Henry and Mary Ermence immediate and
full reinstatement to their former or substantially equivalent posi-
tions without prejudice to their seniority or other rights and privi-
leges, and make them whole for any loss of pay suffered by reason
of the discrimination against them, in the manner set forth in the
section of the Intermediate Report entitled "The Remedy," as
modified hereinabove.
(3) Withhold all recognition from Local No. 223, Grocery, Meat,
Motorcycle and Miscellaneous Drivers, or any successor thereto, as
the representative of its employees.
(4) Post at its offices at Portland, Oregon, copies of the notice
attached hereto and marked "Appendix A." 16
II. Warehousemen Local No. 206, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, AFL-CIO, its officers, representatives, and agents, shall :
(a) Cease and desist from:
(1) Discouraging membership in Office Employes International
Union, Local No. 11, and encouraging membership in Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or in any other
labor organization of its employees, by discharging employees or
discriminating in any manner with respect to hire, tenure, or any
term or condition of employment.
(2) Soliciting membership in Local No. 223, Grocery, Meat, Motor-
cycle and Miscellaneous Drivers, or any successor thereto.
(b) Take the following affirmative action which the Board finds
effectuate the policies of the Act :
(1) Offer to June Cook immediate and full reinstatement to her
former or substantially equivalent position without prejudice to her
seniority or other rights and privileges, and make her whole for any
loss of pay suffered by reason of the discrimination against her, in the
manner set forth in the section of the Intermediate Report entitled
"The Remedy," as modified hereinabove.
38 In the event that this Order is enforced by a decree of a United States Court of
Appeals, this notice and all other notices required herein shall be amended by substituting
for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the
United States Court of Appeals , Enforcing an Order."
214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) Withhold all recognition from Local No. 223, Grocery, Meat,
Motorcycle and Miscellaneous Drivers, or any successor thereto, as
the representative of its employees.
(3) Post at its offices at Portland, Oregon, copies of the notice
attached hereto and marked "Appendix B."
III. Teamsters Building Association, Inc., its officers, agents, suc-
cessors, and assigns, shall :
(a) Cease and desist from:
(1) Discouraging membership in Office Employes International
Union, Local No. 11, and encouraging membership in Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or in any other
labor organization of its employees, by discharging employees or dis-
criminating in any manner with respect to hire, tenure, or any term
or condition of employment because of the union membership or
activity of employees or because employees have given testimony under
the Act or have been subpenaed to give such testimony.
(b) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(1) Offer to Virginia Olstad and Irene Morcom Barnes immediate
and full reinstatement to their former or substantially equivalent po-
sitions without prejudice to their seniority or other rights and priv-
ileges, and make them whole for any loss of pay suffered by reason of
the discrimination against them, in the manner set forth in the section
of the Intermediate Report entitled "The Remedy," as modified here-
inabove.
(2) Post at its offices at Portland, Oregon, copies of the notice at-
tached hereto and marked "Appendix C."
IV. Joint Council of Drivers, No. 37, its officers, representatives,
and agents, shall :
(a) Cease and desist from :
(1) Discouraging membership in Office Employes International
Union, Local No. 11, and encouraging membership in Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or in any other
labor organization of its employees, by discharging employees or dis-
criminating in any manner with respect to hire, tenure, or any term
or condition of employment because of the union membership or ac-
tivity of employees or because employees have given testimony under
the Act or have been subpenaed to give such testimony.
(b) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(1) Offer to Irene Morcom Barnes immediate and full reinstate-
ment to her former or substantially equivalent position without preju-
dice to her seniority or other rights and privileges and make her whole
for any loss of pay she may have suffered by reason of the discrimina-
OREGON TEAMSTERS' SECURITY PLAN OFFICE 215
tion against her, in the manner set forth in the section of the Inter-
mediate Report entitled "The Remedy," as modified hereinabove.
(2) Post at its offices at Portland, Oregon, copies of the notice
attached hereto and marked "Appendix D."
V. Local No. 223, Grocery, Meat, Motorcycle and Miscellaneous
Drivers, its officers, representatives, agents, and trustees shall:
(a) Cease and desist from :
(1) Requiring its own employees to join Local No. 223,, or any
successor thereto, and to withdraw from Office Employes International
Union, Local No. 11.
(b) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(1) Withhold all recognition from said Local No. 223 as the repre-
sentative of its own employees.
(2) Post at its offices at Portland, Oregon, copies of the notice
attached hereto and marked "Appendix E."
VI. International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, AFL-CIO, its officers, representa-
tives, and agents, shall :
(a) Cease and desist from:
(1) Inducing prospective witnesses at a National Labor Relations
Board proceeding to change their testimony and to absent themselves
from such proceedings.
(b) Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(1) Post at the Teamsters office building in Portland, Oregon,
copies of the notice attached hereto and marked "Appendix F."
VII. All of the above-named Respondents shall:
(a) Cease and desist from :
(1) In any manner interfering with, restraining, or coercing their
respective employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist Office Employes Inter-
national Union, Local No. 11, or any other labor organization, to
bargain collectively through representatives of their own choosing,
to engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection, or to refrain from any or
all of such activities, except to the extent that such right may be
affected by an agreement requiring membership in a labor organi-
zation, as authorized in Section 8 (a) (3) of the Act.
(b) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(1) Preserve and, upon request made of those Respondents who
have been ordered to reinstate employees, make available to the Na-
tional Labor Relations Board or its agents, for examination and
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
copying, all payroll, social-security, time, and personnel records neces-
sary to determine the amounts of back pay due.
(2) Respectively sign copies of the notices heretofore specified,
which are to be furnished by the Regional Director for the Nineteenth
Region, post said notices immediately upon receipt thereof, and main-
tain them for sixty (60) consecutive days thereafter, in conspicuous
places, including all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the respective Respondents
to insure that said notices are not altered, defaced, or covered by any
other material.
(3) Notify the Regional Director for the Nineteenth Region in
writing, within ten (10) days from the date of this Order, what steps
they have taken to comply herewith.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT discourage membership in Office Employes Inter-
national Union, Local No. 11, and we will not encourage mem-
bership in Local No. 223, Grocery, Meat, Motorcycle and
Miscellaneous Drivers, or in any other labor organization of our
employees, by discharging employees or discriminating in any
manner with respect to hire, tenure, or any term or condition of
employment.
WE WILL NOT discharge or discriminate in any manner against
any employee because he has given testimony in a proceeding
before the National Labor Relations Board, or has been subpenaed
to give such testimony.
WE WILL offer to Marian Henry and Mary Ermence immediate
and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority or other rights and
privileges previously enjoyed, and make them whole for any
loss of pay suffered as a result of our discrimination against
them.
WE WILL bargain collectively, on request, with Office Employes
International Union, Local No. 11, as the exclusive representative
of all our employees, excluding supervisors, with respect to wages,
rates of pay, hours, or other terms or conditions of employment,
and, if an understanding is reached, embody such understanding
in a signed agreement.
WE WILL NOT solicit membership in, pass out and pick up
applications for membership in, promise benefits for support of,
OREGON TEAMSTERS' SECURITY PLAN OFFICE 217
and threaten economic reprisals for failure to join Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or any
successor thereto, and we will withhold all recognition from said
organization.
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist Office Employes
International Union, Local No. 11, or any other labor organiza-
tion, to bargain collectively through representatives of their own
choosing, to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, or to
refrain from any or all of such activities, except to the extent
that such right may be affected by an agreement requiring mem-
bership in a labor organization, as authorized in Section 8 (a)
(3) of the Act.
All our employees are free to become or remain, or to refrain from
becoming or remaining members of Office Employes International
Union, Local No. 11, or of any other labor organization, except as this
right may be affected by an agreement executed in conformity with
Section 8 (a) (3) of the Act.
TEAMSTERS SECURITY ADMINISTRATION FUND,
Employer.
Dated---------------- By-------------------------------------
(Representative)' (Title)
WILLIAM C. EARHART,
Administrator.
Dated---------------- By-------------------------------------
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT discourage membership in Office Employes
International Union, Local No. 11, and we will not encourage
membership in Local No. 223, Grocery, Meat, Motorcycle and
Miscellaneous Drivers, or in any other labor organization, by
discharging employees or discriminating in any manner with
respect to hire, tenure, or any term or condition of employment.
WE WILL offer to June Cook immediate and full reinstatement
to her former or substantially equivalent position, without
218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prejudice to her seniority or other rights and privileges previously
enjoyed, and make her whole for any loss of pay suffered as a
result of our discrimination against her.
WE WILL NOT solicit membership in Local No. 223, Grocery,
Meat, Motorcycle and Miscellaneous Drivers, or in any successor
thereto, and we will withhold all recognition from said
organization.
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of the right to self-organization, to
form labor organizations, to join or assist Office Employes Interna-
tional Union, Local No. 11, or any other labor organization, to bar-
gain collectively through representatives of their own choosing, to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection, or to refrain from any
or all of such activities, except to the extent that such right may
be affected by an agreement requiring membership in a labor
organization, as authorized in Section 8 (a) (3) of the Act.
All our employees are free to become or remain, or to refrain
from becoming or remaining, members of Office Employes Inter-
national Union, Local No. 11, or of any other labor organization,
except as this right may be affected by an agreement executed in con-
formity with Section 8 (a) (3) of the Act.
WAREHOUSEMEN LOCAL No. 206, AFFILIATED WITH INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFERS,
WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO,
Employer.
Dated---------------- By-------------------------------------
(Representative )' ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
APPENDIX C
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT discourage membership in Office Employes
International Union, Local No. 11, and we will not encourage
membership in Local No. 223, Grocery, Meat, Motorcycle and
Miscellaneous Drivers, or in any other labor organization of
our employees, by discharging employees or discriminating in
any manner with respect to hire, tenure, or any term or condition
of employment.
OREGON TEAMSTERS' SECURITY PLAN OFFICE 219:
WE WILL NOT discharge or discriminate in any manner against
any employee because he has given testimony in a proceeding
before the National Labor Relations Board, or has been subpenaed
to give such testimony.
WE WILL offer to Virginia Olstad and Irene Morcom Barnes
immediate and full reinstatement to their former or substantially
equivalent positions, without prejudice to their seniority or other
rights and privileges previously enjoyed, and make them whole
for any loss of pay suffered as a result of our discrimination
against them.
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist Office Employes
International Union, Local No. 11, or any other labor organiza-
tion, to bargain collectively through representatives of their own
choosing, to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, or to
refrain from any or all of such activties, except to the extent that
such right may be affected by an agreement requiring member-
ship in a labor organization, as authorized in Section 8 (a) (3)
of the Act.
All our employees are free to become or remain, or to refrain from
becoming or remaining, members of Office Employes International
Union, Local No. 11, or of any other labor organization, except as this
right may be affected by an agreement executed in conformity with
Section 8 (a) (3) of the Act.
TEAMSTERS BUILDING ASSOCIATION, INC.,
Employer.
Dated----- ----------- By-------------------------------------
(Representative )' ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
APPENDIX D
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT discourage membership in Office Employes Inter-
national Union, Local No. 11, and we will not encourage member-
ship in Local No. 223, Grocery, Meat, Motorcycle and Miscel-
laneous Drivers , or in any other labor organization of our
employees, by discharging employees or discriminating in any
220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manner with respect to hire, tenure, or any term or condition of
employment.
WE WILL NOT discharge or discriminate in any manner against
any employee because he has given testimony in a proceeding be-
fore the National Labor Relations Board, or has been subpenaed
to testify in such a proceeding.
WE WILL offer to Irene Morcom Barnes immediate and full re-
instatement to her former or substantially equivalent position,
without prejudice to her seniority or other rights and privileges
previously enjoyed, and make her whole for any loss of pay
suffered as a result of our discrimination against her.
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist Office Employes
International Union, Local No. 11, or any other labor organiza-
tion, to bargain collectively through representatives of their own
choosing, to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, or to
refrain from any or all of such activities, except to the extent
that such right may be affected by an agreement requiring mem-
bership" in a labor organization, as authorized in Section 8 (a)
(3) of the Act.
All our employees are free to become or remain, or to refrain from
becoming or remaining, members of Office Employes International
Union, Local No. 11, or of any other labor organization, except as
this right may be affected by an agreement executed in conformity.
with Section 8 (a) (3) of the Act.
JOINT COUNCIL OF DRIVERS, No. 37,
Employer.
Dated---------------- By-------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
APPENDIX E
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT require our employees to join Local No. 223,
Grocery, Meat, Motorcycle and Miscellaneous Drivers, or any
successor thereto, or to withdraw from Office Employes Inter-
OREGON TEAMSTERS' SECURITY PLAN OFFICE 221
national Union, Local No. 11, and we will withhold all recog-
nition from said Local No. 223 as the representative of our
employees.
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist Office Employes
International Union, Local No. 11, or any other labor organiza-
tion, to bargain collectively through representatives of their own
choosing, to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection, or to refrain
from any or all of such activities, except to the extent that such
right may be affected by an agreement requiring membership
in a labor organization, as authorized in Section 8 (a) (3) of
the Act.
All our employees are free to become or remain, or to refrain from
becoming or remaining , members- of Office Employes International
Union, Local No. 11, or of any other labor organization, except as this
right may be affected by an agreement executed in conformity with
Section 8 ( a) (3) of the Act.
LOCAL No. 223, GROCERY, MEAT, MOTORCYCLE
AND MISCELLANEOUS DRIVERS,
Employer.
Dated---------------- By------------------=------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced , or covered by any other material.
APPENDIX F
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify all employees that :
AVE WILL NOT induce prospective witnesses at a National
Labor Relations Board proceeding to change their testimony
and to absent themselves from such proceedings.
WE WILL NOT in any manner interfere with, restrain, or coerce
our employees in the exercise of the right to self-organization,
to form labor organizations, to join or assist Office Employes
International Union, Local No. 11, or, any other labor organiza-
tion, to bargain collectively through representatives of their own
choosing, to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, or to
refrain from any or all of such activities, except to the extent
222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that such right may be affected by an agreement requiring mem-
bership in a labor organization, as authorized in Section 8 (a) (3)
of the Act.
All employees are free to become or remain , or to refrain from
becoming or remaining, members of Office Employes International
Union, Local No. 11, or of any other labor organization, except as
such right may be affected by an agreement executed in conformity
with Section 8 (a) (3) of the Act.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS
OF AMERICA, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
General Drivers , Chauffeurs and Helpers , Local Union No. 886,
affiliated with International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America , AFL-CIO and
Unit Parts Company. Case No. 16-CB-91. October 30,1957
DECISION AND ORDER
On January 2, 1957, Trial Examiner William F. Scharnikow issued
his Intermediate Report in the above-entitled proceeding, finding
that the Respondent had engaged in and was engaging in certain
unfair labor practices and recommending that it cease and desist
therefrom and take certain affirmative action, as set forth in the copy
of the Intermediate Report attached hereto. Thereafter, the Gen-
eral Counsel and the Charging Party filed exceptions to the remedy
recommended in the Intermediate Report, and supporting briefs.
The Respondent filed a reply brief in support of the Intermediate
Report.
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
Intermediate Report, the exceptions and briefs, and the entire record
in the case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner with the exceptions, modifications,
,and additions noted below.
We agree with the Trial Examiner that the Respondent violated
'Section 8 (b) (1) (A) of the Act by threatening employees that
it would not sign an agreement it had reached with the Company,
119 NLRB No. 34.