Teamsters, Chauffeurs, Etc., Local Union No. 327

National Labor Relations Board - Board Decisions

Oct 13, 1966

160 N.L.R.B. 1919 (N.L.R.B. 1966)

TEAM STERS , CHAUFFEURS, ETC., LOCAL UNION NO. 327 1919
WE WILL, upon request, bargain with United Electrical, Radio and Machine
Workers of America, Local 233, as the exclusive bargaining representative of
our employees in the bargaining unit described below concerning the effects
on these employees of the move to the Middlefield, Connecticut, plant. The
bargaining unit is:
All production and maintenance employees at the Pequabuck, Connecti-
cut, plant, excluding office clerical employees, guards, professional
employees, and supervisors, as defined in the Act.
WE WILL NOT refuse to bargain collectively with United Electrical, Radio
and Machine Workers of America, Local 233, as the exclusive representative
of all the employees in the bargaining unit described below.
WE WILL, upon request, bargain with United Electrical, Radio and Machine
Workers of America, Local 233, as the exclusive representative of all the
employees in the bargaining unit described below with respect to rates of pay,
wages, hours of employment, and other terms and conditions of employment,
and, if an understanding is reached, embody such an understanding in a signed
agreement. The bargaining unit is:
All production and maintenance employees at the Middlefield, Connecti-
cut, plant, excluding office clerical employees, guards, professional
employees, and supervisors, as defined in the Act.
WE WILL, upon request, furnish the above-named Union with relevant
information and data concerning jobs, classifications, number of employees,
rates, and hours at the Middlefield, Connecticut, plant, and as to other con-
ditions at variance with those that existed at the Pequabuck, Connecticut, plant
so as to enable it to discharge its function as statutory representative of our
employees in the above-appropriate units.
WE WILL offer those employees discharged as a result of our unlawful action
immediate and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority or other rights and privileges,
and we will make them whole for any loss of pay suffered as a result of their
termination.
COOPER THERMOMETER COMPANY,
Employer.
Dated------------------- BY-------------------------------------------
(Representative) (Title)
NOTE.-Notify the above-named employees if presently serving in the Armed
Forces of the United States of their right to full reinstatement upon application
in accordance with the Selective Service Act and the Universal Military Training
and Service Act, as amended, after discharge from the Armed Forces.
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.
If employees have any question concerning this notice or compliance with its
provisions, they may communicate diiectly with the Board's Regional Office, Boston
Five Cents Saving Bank Building, 24 School Street, Boston, Massachusetts 02108,
Telephone 223-3353.
Teamsters, Chauffeurs , Helpers and Taxicab Drivers, Local
Union No. 327, affiliated with International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of America
and Greer Stop Nut Co., a division of Kaynar Mfg. Co., Inc.
Case f6-CB-311. October 13, 1966
DECISION AND ORDER
On July 8, 1966, Trial Examiner Thomas A. Ricci issued his Deci-
sion in the above-entitled proceeding , finding that the Respondent
had engaged in and was engaging in certain unfair labor practices
160 NLRB No. 147.
1920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within the meaning of the National Labor Relations Act, as amended,
and recommending that it cease and desist therefrom and take certain
affirmative action, as set forth in the attached Trial Examiner's Deci-
sion. Thereafter, the Respondent filed exceptions to the Trial Exam-
iner 's Decision and a supporting brief, and the General Counsel filed
cross-exceptions to the Trial Examiner's Decision and a supporting
brief.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Brown and Zagoria].
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 Trial
Examiner's Decision, the exceptions and briefs, and the entire record
in this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner, with the following modifications.
The Trial Examiner found, and we agree, that the Respondent, by
picket line conduct which the parties stipulated had occurred,
engaged in violations of Section 8(b) (1) (A) of the Act. This mis-
conduct involved the employees of a single employer, the Charging
Party herein. Two previous Board Orders, which were based on settle-
ment agreements in cases not involving the Charging Party in this
case, and which required the Respondent to cease and desist from
similar conduct against the specific employers involved in those cases,
were enforced by consent decrees entered by the United States Court
of Appeals for the Sixth Circuit.' The Trial Examiner, on the basis-
of the violations in the instant case and of the two consent decrees,
recommend that the Respondent be ordered to cease and desist from
restraining and coercing employees of the Charging Party and of
"any other employer situated within its geographic jurisdiction."
The consent decrees, however, contained nonadmission clauses. The
Board holds that such settlements do not "establish any proclivity on,
the part of the Respondents to engage in conduct violative of the
Act." 2 In all the circumstances of this case, therefore, we are con-
vinced that the broad order recommended by the Trial Examiner is
inappropriate, and, accordingly, we shall modify the Recommended
Order to limit its applicability to the employees of the Charging
Party."
i See Trial Examiner 's Decision, section V.
2 Local No. 92, International Association of Bridge, Structural and Ornamental Iron,
Workers, AFL-CIO (R. W. Hughes Construction Co.), 138 NLRB 428, 429.
s Communications Workers of America, AFL-CIO v. N.L R.B., 362 U.S. 479.
TEAMSTERS, CHAUFFEURS, ETC., LOCAL UNION NO. 327 1921
[The Board adopted the Trial Examiner's Recommended Order,
with the following modifications :
[1. Delete from the first sentence of the second paragraph in the
Trial Examiner's Recommended Order the following phrase : "or of
any other employer situated within its geographic jurisdiction...."
[2. Delete from the first paragraph of the Appendix attached to
the Trial Examiner's Decision the following phrase : "or of any other
employer within the geographic jurisdiction of our local union...."];
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
A hearing in the above -entitled proceeding was held before Trial Examiner
Thomas A. Ricci in Nashville , Tennessee , on June 1, 1966 , on complaint of the
General Counsel against Teamsters , Chauffeurs , Helpers and Taxicab Drivers
Local Union No . 327, affiliated with International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of America , herein called the Respondent
or the Union . The sole issue presented is whether , as alleged in the complaint, the
Respondent , by its agents , violated Section 8(b) (1) (A ) of the Act by violence,
mass picketing , property destruction , and other forms of misconduct incidental to,
a picket line it established and maintained at the premises of Greer Stop Nut Co.,
a division of Kaynar Mfg. Co., Inc., herein called the Company.
Shortly after the start of the hearing all parties announced that they had agreedt
to stipulate to the truth of all material factual allegations of the complaint , includ-
ing paragraph 9, which states that by the conduct charged to the Respondent as
detailed in the complaint , the Respondent has violated Section 8 (b) (1) (A) of the
Act. The Respondent chose to effectuate this understanding by modifying its
answer, orally on the record, so as to admit the allegations of all the pertinent
paragraphs of the complaint . The parties made clear that the purpose of this
arrangement was to avoid the necessity for calling any witness , while reserving the
right to dispute the question of the appropriate remedial order in the circumstances
of the case. The General Counsel contends that an injunctive order should restrain
the Respondent from committing any like conduct in the future not only with,
respect to the employees or activities of this particular employer, the Charging
Party here , but also with respect to the employees and activities of "any other
employer within the jurisdiction " of the Respondent Union . The Respondent's
counsel takes issue with this request and disputes the appropriateness of such a
broad cease-and-desist order on the grounds that the facts do not warrant it ands
that the law does not permit it.
Upon the entire record in the case I make the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kaynar Mfg. Co., Inc., a California corporation , operates more than one place of
business , one of its plants being located at Smyrna, Tennessee , where, doing busi-
ness as Greer Stop Nut Co., a division of Kaynar Mfg. Co., Inc., it is engaged in the
manufacture , sale, and distribution of metal nuts . During the past 12 months, at
this location , the Company has purchased and received products and materials valued
in excess of $50,000 directly from points outside the State of Tennessee , and has
manufactured , sold, and shipped products valued in excess of $50,000 directly to
points outside the State. I find that the Company is engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies
of the Act to exercise jurisdiction herein.
II. THE LABOR ORGANIZATION INVOLVED
I find that the Respondent Union is a labor organization within the meaning of
Section 2 (5) of the Act.
257-551-67-vol . 160-122
1922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE UNFAIR LABOR PRACTICES
The following facts, as set out in the complaint, are established on the basis of
the stipulation of the parties:
On about February 14, 1966, the Respondent established a picket line at the
Smyrna, Tennessee, plant of the Company and continued the picketing for sometime
thereafter. The following persons were at that time and now are agents of the
Respondent "within the meaning of Section 2(3) of, the , Act," , and "acting on its
behalf": Don Vestal, ,president, William L. Ellis, secretary-treasurer, Ray Barrett,
member of the bargaining committee, James McKnight, member, and Stanley
McCullough.
(a) Respondent, by its officers, agents, members, and representatives, on or about
February 14, 15, and 16, 1966, by means of mass pickets on the picket line estab-
lished and maintained by Respondent at and near Greer's premises at Smyrna, pre-
vented and attempted to prevent the ingress and egress of Greer's employees, super-
visor, and other persons seeking to enter or leave Greer's premises at Smyrna.
,(b) Respondent, by its officers, agents, members and representatives, including
William L. Ellis and Ray Barrett, on or about-February 14, 15, and 16, 1966, at
and near Greer's premises at Smyrna, (1) by mass pickets surrounded the automo-
biles of Greer's employees and supervisors who were attempting to enter or leave
the plant, thereby forcibly preventing their ingress and egress to Greer's premises;
(2) made threats of violence to the persons and property of Greer's, employees and
supervisors; and (3) threw sticks, rocks, gravel, glass, steel bolts, and other objects
at Greer's employees and supervisors, because said persons failed or refused to honor
the picket line of Respondent.
(c) Respondent, by its officers, agents, members, and representatives, including
James McKnight, on or about February 15, 1966, in the vicinity of Greer's premises
at Smyrna, attempted to prevent Greer's employees and supervisors from entering
Greer's premises in their motor vehicles by driving his motor vehicle at a slow rate
of speed in front of the motor vehicles driven by Greer's employees and supervisors
on the roads near the plant.,
(d) Respondent, by its officers, agents, members, and representatives, including
William L. Ellis, on or about February 14 and 15, 1966, at and near Greer's prem-
ises at Smyrna, interfered with the ingress and egress of Greer's employees and super-
visors at Greer's premises by placing nails, . glass, boards, and other objects in the
roadway at and near the picket line established and maintained by Respondent.
(e) Respondent, by its officers, agents, members, and representatives, including
William L. Ellis, Ray Barrett, Bruce Farm, Doyle Fowler, Will Hutchison, Stanley
McCollough, and Leland Webb, on or about February 14 and 15, 1966, at and near
Greer's premises at Smyrna, damaged the automobiles, automobile tires, and prop-
erty of Greer's employees and supervisors, because said persons failed or refused to
honor the picket line of Respondent.
(f) Respondent, by its officers, agents, members, and representatives, including
Ray Barrett, on or about February 14, 1966, at and near Greer's premises at Smyrna,
threw a rock at and hit Greer's Supervisor Charles Mills.
(g) Respondent, by its officers, agents, members, and representatives, including
William L. Ellis, on or about February 14, 1966, at and near Greer's premises at
Smyrna, threatened Greer's supervisor, Charles Mills, with bodily harm.
(h) Respondent, by its officers, agents, members, and representatives, including
William L. Ellis, Ray Barrett, Lewis Duke, Bruce Fann, Doyle Fowler, and Will
Hutchison, on or about February 14, 1966, at and near Greer's premises at Smyrna,
threatened Greer's employees with bodily harm to themselves, members of their
families, and others, and with property damage because said employees failed or
refused to honor the picket line of Respondent.
(i) Respondent, by its officers, agents, members, and representatives, including
Stanley McCullough, on or about February 15, 1966, in telephone conversations,
threatened Greer's employees with bodily harm to themselves, members of their
families, and others, and with property damage if said employees failed or refused
to honor the picket line of Respondent.
I find on the basis of these facts, and as conceded by the Respondent, that by
each of the acts set out above the Respondent violated Section 8 (b) (1) (A) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set out in section 111, above, occurring in con-
nection with the operations of the Company described in section I, above, have a
TEAMSTERS, CHAUFFEURS, ETC., LOCAL UNION NO. 327 1923
close, intimate, and substantial relation to trade, traffic, and commerce among the
several States, and tend to lead to labor disputes burdening and, obstructing com-
merce and 'the free flow of commerce.
V. THE REMEDY
As in all- proceedings in which it is found that unfair labor practices have been
committed, the remedial order, both in its character and its scope, must bear a logi-
cal relationship to the misconduct shown., Here the coercive and illegal activities
were of every description, repeated and widespread. The Respondent must therefore
be ordered to put an end to this type of threat, violence, and destruction in what-
ever picketing activities it may hereafter embark on. Twice within the past 8 months
consent decrees were entered by the United States Court of Appeals for the Sixth
Circuit enforcing Board orders against this same Respondent Union, requiring that
it cease and desist from conduct virtually the,same as that found to have been com-
mitted here. In each of those proceedings, following charge and complaint, the
Respondent had agreed to Board orders that it post notices in its meeting halls
informing its members it would discontinue' unlawful picket line activities. And it
posted such notices. In Case 26-CB-288,,the notice read:
WE WILL NOT restrain or coerce employees of American Bread Company in
the exercise of the employees' rights guaranteed in Section 7 of the Act (includ-
ing the right to refrain from joining or assisting Teamsters, Chauffeurs, Helpers
and Taxicab Drivers Local Union 327) by obstructing free access of employees,
supervisors, or others to the Company's property, by damaging or impending
the passage of motor vehicles or in any other way interfering with full and
unimpeded access between the public way and company property or by damag-
ing property or injuring persons located in or on company property or by
threatening bodily harm or physical damage to private property; or in any
other manner.
In Case 26-CB-293, the notice read-
WE WILL NOT restrain or coerce employees of Murray Ohio Manufacturing
Company in the exercise of the employees' rights guaranteed in Section 7 of
the Act (including the right to refrain from joining or assisting Teamsters,
Chauffeurs, Helpers and Taxicab Drivers Local No. 327, affiliated with Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America) by obstructing the ingress or egress of employees, supervisors and
other individuals to and from the premises of Murray Ohio by: mass picketing,
blocking entrances, or by placing nails or other objects in the roads leading to
those premises; damaging or threatening to damage the automobiles or other
property of employees and other individuals entering or leaving those premises;
threatening or inflicting bodily injury on employees, or on other individuals, in
the presence of employees or under such circumstances that employees will
receive notice thereof; recording the identity of employees or other individuals
crossing or attempting to cross the picket line by photographing them, or by
writing down their names or their automobile- license numbers.
Unless successive and unending consent court decrees, each assuring only one
employer freedom from this type of unlawful tactic by this Union, are to be
accorded no further substantive meaning, it is time that the Respondent be effec-
tively enjoined from committing unfair labor practices of this kind with respect to
any and all other employers situated within its geographic area of jurisdiction. I
shall therefore recommend that the Respondent be ordered to cease and desist from
such conduct in its dealings with the Charging Party here as well as with any other
employer.
Upon the foregoing findings of fact and upon the entire record, I make the
following:
CONCLUSIONS OF LAW
1. The Respondent Union is a labor organization within the meaning of Section
2(5) of the Act.
2. By forcefully preventing supervisors , employees, and other persons from
entering upon the Employer's premises, by threatening to inflict bodily harm on,
and damage to the property of supervisors and employees , by throwing sticks,
1924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rocks, gravel, glass, steel bolts, and other objects at the Company's supervisors and
employees, by placing nails , glass, and other objects in the roadway at or near the
picket line at the Company's premises, by damaging automobiles, tires, and other
property of the Company's supervisors and employees; by hitting a company super-
visor with a stone, and by threatening the Company's employees and members of
their families with bodily harm, the Respondent has restrained and coerced employ-
ees of the Charging Party Employer in the exercise of rights guaranteed by Section
7 of the Act, and thereby has engaged in and is engaging in unfair labor practices
affecting commerce within the meaning of Section 8(b)(1)(A) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices within the
meaning of Section 2(6) and (7) of the Act.
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and conclusions of law, it is
hereby recommended that Teamsters, Chauffeurs, Helpers and Taxicab Drivers,
Local Union No. 327, affiliated with International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, its officers, agents, and
assigns, shall:
1. Cease and desist from restraining and coercing employees of the Charging
Party Employer, or any other employer situated within its geographic jurisdiction,
by mass picketing of plant entrances, by forcefully preventing supervisors, employ-
ees, and other persons from entering the Employer's premises, by threatening to
inflict bodily harm on, and damage to the property of supervisors and employees,
by throwing sticks, rocks, gravel, glass, steel bolts, and other objects at the Com-
pany's supervisors and employees, by placing nails, glass, and other objects in the
roadway at or near the picket line at the Company's premises, by damaging auto-
mobiles tires, and other property of the Company's supervisors and employees,
by hitting company supervisors with stones, by threatening the Company's employ-
ees and members of their families with bodily harm, or in any other manner
restraining or coercing them in the exercise of the rights guaranteed in Section 7
of the Act.
2. Take the following affirmative action which it is found will effectuate the
policies of the Act:
(a) Post at its offices and meeting halls of the Respondent Union copies of the
attached notice, marked "Appendix." 1 Copies of said notice, to be furnished by
the Regional Director for Region 26, after being duly signed by the Respondent's
representative, shall be posted by Respondent immediately upon receipt thereof,
and be maintained by it for a period of 60 consecutive days thereafter, in con-
spicuous places, including all places where notices to its members are customarily
posted. Reasonable steps shall be taken by the Respondent to insure that said
notices are not altered, defaced, or covered by any other material.
(b) Mail copies of the notice to the Regional Director for Region 26 for posting,
the Charging Party willing, at all locations where notices to its employees in the
plant are customarily posted.
(c) Notify the Regional Director for Region 26, in writing, within 20 days of
receipt of this Trial Examiner's Decision, what steps the Respondent has taken to
comply herewith 2
In the event that this Recommended Order is adopted by the Board, the words "a
Decision and Order" shall be substituted for the words "the Recommended Order of a
Trial Examiner" in the notice. In the further event that the Board's Order is enforced'
by a decree of a United States Court of Appeals, the words "a Decree of the United States
Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision
and Order."
2In the event that this Recommended Order is adopted by the Board, this provision.
shall be modified to read : "Notify the Regional Director for Region 26, in writing, within,
10 days from the date of this Order, what steps the Respondent has taken to comply-
herewith."
BIG BEN DEPARTMENT STORES, INC. 1925
APPENDIX
NOTICE
To ALL MEMBERS OF TEAMSTERS , CHAUFFEURS , HELPERS AND TAXICAB DRIVERS,
LOCAL UNION No. 327, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA AND TO
EMPLOYEES OF GREER STOP NUT CO., A DIVISION OF KAYNAR MFG. CO., INC.
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that:
WE WILL NOT restrain or coerce employees of Greer Stop Nut Co., a
division of Kaynar Mfg. Co ., Inc., or of any other employer within the
geographic jurisdiction of our local union, in the exercise of employees' rights
guaranteed in Section 7 of the Act ( including the right to refrain from joining
or assisting our union ) by mass picketing , forcefully preventing supervisors,
employees , and other persons from entering the einployer 's premises , threaten-
ing to inflict bodily harm upon and damage to the property of supervisors
and employees , throwing sticks, rocks , gravel , glass, steel bolts , or other
objects at the Company 's supervisors and employees , placing nails , glass, and
other objects in the roadway at or near the picket line at the Company's
premises, damaging automobiles , tires, and other property of the Company's
supervisors and employees , hitting company supervisors with stones, or threat-
ening the Company 's employees and members of their families with bodily
harm.
WE WILL NOT in any other manner interfere with , restrain , or coerce
employees in the exercise of the rights guaranteed by Section 7 of the National
Labor Relations Act.
TEAMSTERS , CHAUFFEURS , HELPERS AND TAXICAB DRIVERS, LOCAL
UNION No. 327, AFFILIATED WITH INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND
HELPERS OF AMERICA,
Labor Organization.
Dated--------- ---------- By-------------------------------------------
(Representative ) ( Title)
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.
If employees have any question concerning this notice or compliance with its
provisions , they may communicate directly with the Board 's Regional Office, 746
Federal Building , 167 North Main Street, Memphis, Tennessee 38103, Telephone
534-3161.
Big Ben Department Stores, Inc. and Local 888, Retail Clerks
International Association , AFL-CIO and Unishops, Inc.; Mor-
ton's Shoe Stores, Inc.;' Poughkeepsie Distributors , Inc.; West-
ern Belle Millinery, Inc.; M & S Jewelry Co.; Daniel Belmonte
d/b/a Bell Vending Co ., Party in Interest.
Big Ben Department Stores, Inc.; Morton 's Shoe Stores, Inc. and
Local 888, Retail Clerks International Association , AFL-CIO.
Cases 3-CA-2743 and 2753. October 13,1966
DECISION AND ORDER
On May 9, 1966, Trial Examiner Sidney Sherman issued his Deci-
sion in the above-entitled consolidated proceeding, finding that the
Respondent, Big Ben Department Stores, Inc., had engaged in and
160 NLRB No. 149.