Sheet Metal Workers International Association, Local Union No. 20 (Formerly Local Union No. 156) (C.L. Shust Co., Inc.)

National Labor Relations Board - Board Decisions

Jul 16, 1985

275 N.L.R.B. 1104 (N.L.R.B. 1985)

1104 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
Sheet Metal Workers International Association,
Local Union No . 20 (formerly Local Union No.
156) (C. L. Shust Co ., Inc.) and Terry Bock and
James Derr and Elmer F. Lauer and Mark A.
Koomler and Gerald R. Fletcher and Joseph
Gensic and Brad Koomler and Kenneth Ga-
luoppo. Cases 25-CB-5477-1, 25-CB-5477-2,
25-CB-5477-3, 25-CB-5477-4, 25-CB-5477-5,
25-CB-5487-1, 25-CB-5487-2, and 25-CB-
5487-3
16 July 1985 '
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 4 October 1984 Administrative Law Judge
William A. Gershuny issued a decision containing
conclusions of law and a recommended Order in
this proceeding based on findings of fact made
from the bench. The Respondent filed exceptions
and a supporting brief. We remanded the proceed-
ing sua sponte to the judge to issue a supplemental
decision containing written findings of fact in con-
formity with the Act, our Rules and Regulations,
and the Administrative Procedure Act. On 22
April 1985 the judge issued the attached supple-
mental decision.
The Board has considered the decision, the sup-
plemental decision, and the record in light of the
exceptions and brief and has decided to affirm the
judge's rulings, findings, and conclusions and to
adopt the recommended Order.'
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that the Respondent, Sheet Metal
Workers International Association, Local Union
No. 20 (formerly Local Union No. 156), Fort
Wayne, Indiana, its officers, agents, and representa-
tives, shall take the action set forth in the Order.
' Member Dennis adheres to the position she set forth in Machinists
Local 1414 (Neufeld Porsche-Audi), 270 NLRB 1330 fn 22 (1984)
SUPPLEMENTAL DECISION
STATEMENT OF THE CASE
WILLIAM A GERSHUNY, Administrative Law Judge.
On 4 October 1984, following a brief 2-1/2-hour hearing
at Fort Wayne, Indiana, I issued a bench decision in
these cases The facts were simple and uncontroverted.
Only a legal issue was involved. All parties waived their
rights to file posthearing briefs and consented to the issu-
ance of a bench decision setting forth findings of fact and
conclusions of law. (Tr. 34-36.) Thereafter I issued a
written 'decision on 2 November 1984, reciting such
waivers and consents, incorporating by reference such
findings and conclusions, and directing appropriate relief
for the violations found as alleged in-the complaint The
Board, on its own motion, remanded these cases to me,
by' Order dated 25 March 1985, for the purpose of issu-
ing-a written supplemental decision. This is that decision.
The single issue here is a legal one . Whether Respond-
ent violated Section 8(b)(1)(A) of the Act-by refusing to
accept the resignations of employee members while it
was engaged in a strike against their employers.
Upon the entire record, I make the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. JURISDICTION
The complaint alleges, the answer admits, and I find
that the employers and their Association, individually
and collectively, are subject to the Act and that Re-
spondent is a labor organization within the meaning of
Section 2(5) of the Act.
II. UNFAIR LABOR PRACTICES
The facts are undisputed. Three employers, C. L.
Schust Co., Inc., C. Miller and Sons, Inc., and Gensic
Sheet Metal, are among the 12-member contractors of
the Fort Wayne Area Sheet Metal Contractors Associa-
tion The Association and Respondent had a collective-
bargaining agreement which expired on 31 May 1983.
Following its expiration, Respondent called a strike,
which began against C. Miller and Sons on 8 June 1983,
against C. L. Schust on 17 June 1983; and against Gensic
Sheet Metal on 10 July 1983. At the date of the hearing,
the strike continued only these three employers as the
other nine Association members had agreed to a new
contract with Respondent
Each of the eight Charging Parties were members of
Respondent and were employed by one of the employers
named above. Each, after honoring the strike, submitted
resignation letters to Respondent. Terry Bock's letter
was received by Respondent on 17 March 1984, James
Derr's on 2 March 1984, Elmer Lauer's on 6 January
1984; Mark Koomler's on 24 October 1983; Gerald
Fletcher's on 14 February 1984; Joseph Gensic's on 12
November 1983; Brad Koomler's on 11 April 1984; and
Kenneth Galuoppo's on 23 February 1984.
Following their resignations from Respondent, Lauer
began working as a supervisor for a nonsignatory em-
ployer and each of the other seven returned to work for
one of the three employers named above
Following its receipt of the resignation letters, Re-
spondent informed each Charging Party that the resigna-
tions were ineffective by reason of article 16, section 13,
of the Sheet Metal Workers International Association's
constitution and ritual, which, in relevant part, provides
that "No resignation shall be accepted if offered in an-
ticipation of charges being preferred against [a member],
during the pendency of any such charges, or during a
strike or lockout."
On 30 March 1984, Respondent's business representa-
tive, Keith Platt, filed intraunion charges against Lauer
275 NLRB No. 155
' SHEET METAL WORKERS LOCAL 20 (SHUST CO.) 1105
for working for a "non-union company" and against the
other seven for working for struck contractors behind
picket lines. This conduct occurred in each case only fol-
lowing the, employee's resignation from Respondent.
Between 30 March and 8 June 1984, Respondent held
hearings, at which none of the Charging Parties ap-
peared, on each of the intraunion charges. By letters
dated 26 July 1984, Respondent notified each of the
Charging Parties that they were found guilty of the
charges and fined each $7500. -
The Board law governing this case is clear and fully
dispositive here. In three recent cases, Machinists Local
1414 (Neufeld Porsche-Audi), 270 NLRB 1313 (1984);
Machinists Local 1769 (Dorsey Trailers), 271 NLRB 911
(1984); and Newspaper Guild Local 3, 271 NLRB 1251
(1984), the Board has found violations of Section
8(b)(l)(A) where unions fined members who resigned
during strikes, noting that "any restriction on a union
member's right to resign is unreasonable and invalid."
271 NLRB 1252. Accordingly, I find that Respondent,
by prohibiting the resignations of the six named employ-
ees, has violated Section 8(b)(1)(A) of the Act as alleged
in the complaint
III. REMEDY
Having found that Respondent has violated, the Act, I
will order Respondent to cease and desist therefrom and
to take certain affirmative action designed to effectuate
the policies of the Act.'
On these findings of fact and conclusions of law and
on the entire record, I issue the following recommend-
ed2
ORDER
The Respondent, Sheet Metal Workers International
Association, Local No. 20 (formerly Local Union No.
156), Fort Wayne, Indiana, its officers, agents, and repre-
sentatives, shall
1. Cease and desist from
(a) Enforcing Sheet Metal Workers' International As-
sociation constitution and ritual provisions of article 16,
section 13, which prohibits resignation during a strike or
lockout.
(b) Restraining or coercing employees by threatening
them with the imposition of fines or other penalties if
they resigned their membership in the Respondent
during a strike or lockout, and thereafter worked, or at-
tempted to work, for an employer against whom the Re-
spondent was on strike.
(c) Restraining or coercing employees by threatening
them with the imposition of fines or other penalty if they
i The Respondent's action was taken through its obligation to enforce
a provision of the constitution of the International Union I note that the
International Union is not a party to this proceeding and thus I am not
ordering it to remove the offending provisions from its constitution Pur-
suant to Machinists Local 1414, I am only ordering Respondent, the local
union, to remove such language from its governing documents and to
take no actions in furtherance of that provision
2 If no exceptions are filed as. provided by Sec 10246 of the Board's
Rules and Regulations , the findings, conclusions, and recommended
Order shall, as provided in Sec 102 48 of the Rules, be adopted by the
Board and all objections to them shall be deemed waived for all pur-
poses
resigned their membership, during a strike or lockout,
and thereafter worked, or attempted to work, for a non-
union employer, on.terms not approved by the Respond-
ent. -
(d) Restraining or coercing employees and members
by notifying them that article 16, section 13, of the con-
stitution and ritual are applicable to resignations; by re-
fusing to accept valid resignations; and by filing internal
union charges and 'conducting internal union hearings
against them and fining them for their postresignation
conduct.
(e) In any like or related manner restraining or coerc-
ing employees in the exercise of the rights guaranteed by,
Section 7 of `the Act
- 2., Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Remove from its governing documents,- if any, the
provisions of article 16,- section 13, which prohibit resig-
nations during a strike or lockout.
(b) Rescind the fines levied against Terry Bock, James
Derr, Elmer Lauer, Mark A. Koomler, Gerald Fletcher,
Joseph Gensic, Brad Koomler, and Kenneth Galuoppo
because of their postresignation work during that strike
of the Respondent against certain employers which
began in June 1983.
(c) Remove from the records of such employees any
references to internal union charges, internal union hear-
ings or trials, or fines resulting from their postresignation
conduct, and notify them, in writing, that this has been
done.
(d) Post at its business office and meeting halls copies
of the attached notice marked "Appendix."3 Copies of
the notice, on forms provided by the Regional Director
for Region 25, after being signed by the Respondent's
authorized representative, shall be posted by the Re-
spondent 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 cov-
ered by any other material.
(e) Mail to the Regional Director for Region 25 signed
copies of the notice for posting by Employers, if they are
willing, in places where notices to employees are cus-
tomarily posted. Copies of the notice furnished by the
Regional Director, after being signed by the Respond-
ent's authorized representative, shall be returned forth-
with to the Regional Director.
(f) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
3 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-
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 "
1106 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
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. - - ,
WE WILL NOT restrain or coerce employees and mem-
bers in the exercise of. the rights guaranteed them by
Section 7 of the National `Labor Relations Act by giving
force or effect to the provisions of article XVI, section
13 of the constitution and ritual bf the Sheet Metal
Workers' International Association which prohibits resig-
nations during a strike or lockout.
WE WILL NOT restrain or coerce employees and mem-
bers by filing internal union charges against them or by
conducting internal union hearings or trials about them,
or by fining them or imposing other penalty on them if
they have resigned their members, by notifying them
that article 16, section 13 of said constitution and ritual
are applicable to resignation, by refusing to accept valid
resignation. -
WE WILL NOT in any like or related manner restrain or
coerce employees in the exercise of the rights guaranteed-
them by Section 7 of the Act, except to the extent that
such rights may be affected by an agreement requiring
membership in a labor organization as a condition of em-
ployment authorized in Section 8(a)(3) of the Act. -
WE WILL remove from our governing documents,' if
any, the provisions of article 16, section 13 which pro-
hibits resignations during a strike or lockout. -
WE WILL change our records to show that the follow-
ing named persons effectively resigned their membership
at the time we received written notice of such resigna-
tions: Terry Bock, James Derr, Elmer F. Lauer, Mark A.
Koomler, Joseph Gensic, Brad Koomler, Kenneth Ga-
luoppo, and Gerald R. Fletcher.
WE WILL rescind the fines levied against Tery Bock,
James Derr, Elmer F. Lauer, Mark A. Koomler, Joseph
Gensic; Brad Koomler, Kenneth Galuoppo, and Gerald
R: Fletcher, and refund to them any money they may
have paid as a result of such fines plus interest. -
-WE WILL remove from the record of such employees
any reference to the fines levied against them, any refer-
ences to internal union charges brought against them,
and any references to the holding of internal union hear-
ings or trials regarding them which we imposed or per-
formed after their effective resignations.
SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION , LOCAL No. 20 (FORMERLY
LOCAL UNION No. 156)