Teamsters, Local 327

National Labor Relations Board - Board Decisions

Sep 16, 1969

178 N.L.R.B. 422 (N.L.R.B. 1969)

422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Teamsters, Chauffeurs , Helpers and Taxicab Drivers
Local Union No. 327, affiliated with International
Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America and
Whale, Inc. and Richey Electronics , Inc. Cases
26-CB-475 and 26-CB-41/6
September 16. 1969
DECISION AND ORDER
BY MFMBERS FANNING, BROWN, AND JENKINS
On June 16, 1969, Trial Examiner Ivar H.
Peterson issued his Decision in the above-entitled
proceeding, finding that the Respondent had
engaged in and was engaging in certain unfair labor
practices 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 Decision. Thereafter, the General
Counsel and Respondent filed exceptions to the
Trial Examiner's Decision and supporting briefs.
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 these cases to a
three-member panel.
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, briefs, and the
entire record in these cases, and hereby adopts the
findings. conclusions, and recommendations of the
Trial Examiner with the following modifications.'
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the
Recommended Order of the Trial Examiner, as
'The General Counsel has excepted to the Trial Examiner's failure to
recommend issuance of a broad order which would restrain Respondent
from "in any other manner" engaging in conduct violative of Sec
8(b)(1)(A), and by failing to conform the Notice to the Recommended
Order We find merit in these exceptions Like the rrial Examiner, we
take official notice of the Respondent 's (and its agents ') proclivity to
engage in mass picketing, picket line violence, and threats of violence as
demonstrated by Respondents pattern of conduct in Teamsters,
Chauffeurs, Helpers and Taxicab Drivers. Local Union 327 ( Hartmann
Luggage Companv'). 173 NLRB No. 220, and other cases cited therein, as
well as its conduct herein, which included damage to company property by
throwing rocks and firebombs into the building , breaking down doors and
shooting bullets into the building in view of this and past conduct, we
believe a broad order is warranted We will accordingly conform the
Notice to reflect the Trial Examiner ' s Recommended Order a s modified by
our changes and additions Local 612. International Brotherhood of
Teamsters Chauffeurs , Warehousemen and Helpers of America ( Denton
Truck Line , Inc ), 146 NLRB 498, United Steelworkers of America,
AFL-CIO ( Wright Line Divis,on of Barrv Wright Corporation), 146
NLRB 71
modified herein, and hereby orders that Respondent,
Teamsters , Chauffeurs . Helpers and Taxicab
Drivers, Local Union No . 327, affiliated with
International Brotherhood of' Teamsters,
Chauffeurs, Warehousemen and Helpers of
America. Nashville, Tennessee, its officers, agents,
and representatives. shall take the action set forth in
the Trial Examiner's Recommended Order, as
herein modified.
1. Delete from paragraph 1 of the Recommended
Order the phrases "within its territorial jurisdiction"
and "in any like or similar manner" and substitute
for the latter phrase the words "in any other
manner."
2. Viodil'y the first indented paragraph of the
Appendix to read'
WE WILL NOT by mass picketing or otherwise
block ingress and egress of employees at the
premises of Whale, Inc.. Richey Electronics. Inc.,
and Wagoner Corporation. or an} other
employer; cause or threaten to cause physical
harm to employees; or cause or threaten to cause
damage to the property of said companies, or any
other employers, or their employees.
3. Modify the second indented paragraph of the
Appendix to read as follows:
WF WIIi. NOT in any other manner restrain or
coerce employees of Whale, Inc., Richey
Electronics, Inc.. and Wagoner Corporation, or
the employees of any other employer in the
exercise of the rights guaranteed them by Section
7 of the Act.
TRIAL EXAMINER'S DECISION
SfATEMFNr OE THE CASE
Iv AR H. PFrFRSO\,Trial Examiner: The complaint in the
present consolidated cases was issued on April 11. 1969,
and amended on April 21, against Teamsters, Chauffeurs,
Helpers and Taxicab Drivers Local Union No 327,
affiliated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of
America, herein called the Respondent, upon charges and
amended charges filed by Whale, Inc., and Richey
Electronics, Inc , herein called Whale and Richey,
respectively ' Briefly stated, the complaint as further
amended at the opening of the hearing. alleged that the
Respondent Union, its officials and agents and members.
in the course of picketing the premises of the companies.
engaged in mass picketing, blocking ingress to and egress
from the plants, causing and threatening to inflict bodily
harm to supervisors and employees, and committing and
threatening to commit acts of violence against persons and
property , all in violation of Section 8(b)(I)(A) of the Act
In its answer duly filed, the Respondent denied the
commission of any unfair labor practices.
Pursuant to notice, I conducted a hearing in Nashville,
Tennessee, on May 6, 7. and 8, 1969.2 All parties were
represented by counsel and participated in the hearing.
'The charge in Case 26-CB-475 was filed on March 7, 1969, as was the
charge in Case 26-CB-476, amended charges in each case were filed on
April 11
'Unless otherwise indicated all dates refer to the Year 1969
178 NLRB No. 65
TEAMSTERS. LOCAL 327 423
Helpful briefs were filed by the General Counsel and the
Respondent on June 9.
Upon the entire record in the case. and from niy
observation of the witnesses and their demeanor, I make
the following:
FINDINGS OF FACT
1. 1 HE BUSINESS OF THE COMPANIES
Whale is a Tennessee corporation which was engaged
prior to February 21 in the manufacture of electrolytic
capacitors at its plant in Nashville, Tennessee. Richey. a
subsidiary of Whale and likewise a Tennessee corporation,
engaged in the manulacture of electrolytic capacitors at its
Nashville and Fairview, Tennessee. plants During the past
12 months each of the companies in the course and
conduct of its business operations, sold and shipped
products valued in excess of 550,000 directly to points
located outside the State of Tennessee During the same
period Whale purchased materials valued in excess of
$50.000 directly from suppliers located outside the State
of Tennessee.
Temco Incorporated. is a wholly owned subsidiary of
Whale and has a place of business in Nashville where it is
engaged in the manufacture of heating and
air-conditioning equipment. as well as ordinance and
ammunition for the United States Department of Defense
Wagoner Corporation is a subsidiary of Temco and a
corporation doing business in Tennessee, principally at
Nashville. It is engaged in the manufacture of residential
and commercial water heaters. During the past 12 months
both Temco and Wagoner manufactured and shipped
products valued in excess of $50,000 directly to points
located outside the State of Tennessee
I find that Whale, Richey, Temco, and Wagoner are
employers engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
II HIE LABOR ORGANIZATION INVOLVED
Teamsters, Chauffeurs, Helpers and Taxicab Drivers
Local Union No. 327, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, is a labor organization within the
meaning of Section 2(5) of the Act.
III THE LNl AIR LABOR PRACTICE'S
A Background and Iscuec
In September 1968 the Respondent Union, following a
Board-conducted election, was certified as the exclusive
collective-bargaining representative of the employees of
Whale Thereafter negotiations were held and the terms of
a contract were agreed upon. but no agreement was
executed. The Union struck the Whale plant on February
19. Some time in December 1968 the management of
Whale decided that the plant should he phased out as it
was too unprofitable Prior thereto, in July 1968, Whale
had purchased the Richey Company which had a plant in
Nashville and was constructing one in Fairview, a town
some 15 miles from Nashville. Following the sale of the
Richey Company to Whale the Richey plant in Nashville
was closed and equipment moved to the new plant at
Fairview
When the strike occurred on February 19 and the
Whale plant was picketed, Whale attempted to continue
operations with 12 or 15 employees but with little success
Operations began at the Richey Fairview plant about
February 20 and pickets appeared at that location on
February 26. Picketing continued at both the Whale and
Richey plants until some time in March. Throughout the
picketing William L. (Corky) Ellis, secretary-treasurer o1
the Respondent. was in charge of the pickets, when he was
not actively overseeing picketing activities, his associate,
David Flodgin, a business representative of the
Respondent. was in charge. Whale employees, members of
the Union, and other nonemployees, conducted most of
the picketing and engaged in the various incidents
allegedly constituting violations of the Act. On many
occasions, as will appear, Ellis and/or Hodgin were
present and. on occasion, participated in the incidents.
The issues here are primarily factual, although with
respect to some incidents both Ellis and Hodgin admit to
active participation. Aside from the question of
Respondent's responsibility for the events which occurred.
a further legal issue concerns the breadth of the remedial
order to be recommended. General Counsel urges that a
broad order he issued, a suggestion which is resisted by
the Respondent
B. Incidents at the Whale Plant
Picketing began at the Whale plant on February 19.
Between then and February 22. a Saturday, there was no
evidence of violence or other trouble except that there was
the usual amount of loud talk, cat calling and cursing.
The first sign of violence occurred Saturday night,
February 22. When Royce Richey, president of Richey,
went to the plant on Sunday morning he found that the
windows were all knocked out and his small car was
turned over and the door was knocked out of the plant
Also three firebombs had been thrown into the plant
charring the floor When he arrived there union officials
Ellis and Hodgin, as well as two pickets, Frances
Williams and Marie Turner, were present
During the afternoon of February 22 employees Vestal
Carmack and Floyd Ozment had occasion to go together
from the Richey plant to the Whale plant. As they arrived
Ellis and several pickets were sitting in a parked car which
they then left. With him were pickets Beverly Hamilton
and Liza Lee. Pickets were lined up at the driveway. As
Carmack made the turn from the driveway to get on the
street he heard a loud bang on the hack of his car
Ozment, riding as a passenger, credibly testified that he
saw Ellis reach down to the ground, pick up a rock and
throw it at the car.
Raymond Gregory, the materials control manager for
Richey, drove to the Whale plant on the morning of
March 6. He was stopped by Business Representative
Hodgin who stood in front of his car and said that if he
attempted to go into the plant he would "knock your
god-damn brains out." Hodgin repeated this several times.
Arriving at the parking lot Gregory got out of the car and
discovered that Hodgin was standing directly in front of
him continuing to curse and tell him that he would knock
his brains out. Vestal Carmack was at the Whale plant
that morning. Two cars had pulled up in front of him, one
containing Melvin Robertson who had brought his wile
and two other women to work After the women got out
of the car they could not find the proper key to open the
door. At about this time Carmack pulled up and another
car came in directly behind him Carmack got the female
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees through the door and then called the police to
report that someone was blocking Robertson from
leaving. He recognized Hodgin, who was out of his car
standing along side it As Carmack went out the plant
entrance he noticed Hodgin blocking Gregory who was
coming up the entry way. Hodgm stood in front of
Gregory's car and then went to the side window and spoke
to Gregory As Gregory pulled into the parking place next
to the building Hodgin followed him. Carmack told
Hodgin that he was on company property and therefore
would appreciate it if he would leave. Hodgm challenged
Carmack to make him leave and then followed Gregory
up the steps to the plant saving that he would beat his
brains out. Patrol cars came about this time and Hodgin
went back to the street. Carmack and Gregory obtained
the license number of the car blocking Gregory's
automobile and upon checking were advised that it was
registered to Ellis.
On the afternoon of March 11 Gregory started to leave
the Whale plant and discovered that the cars of the
pickets were parked parallel in front of the plant so that it
was quite difficult to manuever between them. A picket,
Edden Bigbe, was standing directly in front of Gregory's
car. As he departed he could see through the rear view
mirror some female pickets coming towards his car
running with picket signs in their hands. He recognized
two of them as Bigbe and Louise Hendrick The latter
"was banging the car" with the picket sign, on the left
side and Bigbe was pounding it on the right side She hit
the windshield with her picket sign and the handle broke
off and the sign staved there. Employee Carmack
witnessed this incident and related that Bigbe and
Hendrick, both of them Whale employees, jumped in front
of Gregory's car and blocked him and that one of the
women swung a picket sign and broke the window
C. Incidents at the Richey Plant
Picketing began at the Richey plant in Fairview on
February 26. That morning employees were prevented
from going into the plant and thereupon retreated to the
Southland Cafe in Fairview. Shortly thereafter President
Richey and two of his engineers got the employees to
form a convoy and attempt to enter the plant. However,
Richey and the other occupants of the lead car which
belonged to Carmack, were the only ones successful in
entering the plant. Their entry was blocked for some
moments by pickets who stood in front of the automobile
making it necessary for the driver to inch forward slowly
Wayne Keith, whose wife works at Richey, testified that
he and two other men were in a truck following Richey
and his companions into the plant on February 26 After
the lead car containing Richey had passed the picket line
pickets began beating on the truck and throwing rocks,
and also broke two of their picket signs. According to
Keith. Ellis, and Hodgin were there at the time, and
Hodgins hit a Mr Jones, the operatior of the Southland
Cafe who was in the truck, in the javv with his fist.
The first occasion that Wilson Sims, one of the
attorneys for the Company, went to the Richey plant after
the strike began was on March 4. Pinkerton operatives
took pictures of the extensive damage done to the plant at
that time. As they were leaving the premises Sims heard a
thud on the right rear of his automobile. Russell Morris,
one of Sims' associates, was with Sims as were Richey
and a Mrs Allen, a Richey employee and the two
Pinkerton operatives. According to Morris, the car was
stopped initially for a few moments and then Ellis, who
was present. advised the other pickets on the scene to let
the automobile enter. After remaining in the plant for
approximately an hour they proceeded down the driveway
and were blocked by three or four pickets. Ellis was on
the scene at the time. As they moved on, pickets beat on
the automobile with their hands and threw rocks at it,
making a loud noise in the right rear. Carr, one of the
Pinkerton operatives, testified credibly that he saw the car
hit by a rock thrown by one Louise Wiser.
Dorothy Curtis, a Richey employee, credibly testified
that on March 5 as she was approaching the plant in her
car she noticed the pickets on the highway opposite the
entry to the plant. As her car approached and began to
turn in the pickets came running across the highway.
Curtis recognized one person, Juanita Mills. and stopped
her car to ask Mills if it was all right to come through the
picket line. With profanity, Mills said no and called
Curtis an obscene name. At this point Richey came out of
the plant and motioned for the car to proceed but the
pickets initially refused to move. As she went by someone
threw a rock which hit the car window and others beat on
the back of the car.
Cerese Innman, a Richey employee, entered the plant
entrance on the same day and was detained by an
unidentified man standing in front of her car and by two
women lying in the driveway. Someone beat on her car
and, as she went through the picket line, an unidentified
man continued to beat on the car with the result that the
automobile had dents in it.
On March 6 a sizeable congregation of pickets was at
the cast entrance to the Richey plant, which was the
entrance where the pickets customarily stationed
themselves and which was used by employees to gain
access to the plant. On that day the employees proceeded
in a convoy from the Southland Cafe. Sticks and pipes
were in evidence on this occasion and upon failing to gain
access to the plant it was decided not to enter. According
to Richey, Ellis was present on the picket line that day.
Ellis, however. testified that on March 6 and 7 he was in
Birmingham, Alabama and that he had motel receipts to
substantiate his account. The report of George Neely, a
security guard who worked from 9:30 to 7 a.m. March 6.
states that it was quiet during the night of March 5
However, when the pickets arrived at approximately 5
o'clock, they started throwing rocks and at 5:30 broke
glass out of doors and windows Neely noted two cars'
license numbers (AM 2775 and SS 6781) The former
automobile, a 1968 Chevrolet. was registered in the name
of James M. Stiles, of Nashville There is no record of the
registrant of the other automobile. Further, according to
the report of guard Neely, one picket the morning of
March 6 threw a smoke bomb in the door of the plant
and Neely's own automobile was hit by rocks
On March 7 most of the employees were able to enter
the plant. H. C. Smith, the plant manager, testified that
as he pulled into the picket line a man by the name of
Dan Foster got in front of his car and later had an iron
bar in his hands which is plainly visible in a photograph
taken of the scene. Foster laid the bar over Smith's car
hood and appeared to be ready to start beating on the
hood Smith, who had a gun lying on the seat of the car.
drew the gun and told Foster not to commit any damage.
Foster then stepped back and Smith entered and. at the
request of Attorney Sims who was in the plant,
surrendered the gun
On March 10 both driveways to the plant were
completely blocked, there was considerable rock throwing
and several automobiles were damaged. As related by
TEAMSTERS , LOCAL 327 425
Attorney Morris, he, Richey, and a group of some 50 or
60 employees met at the Southland Cafe with the object
of trying to enter the plant. Ten or 12 cars were assigned
to convey the workers from the cafe to the plant. Morris
and Richey. with five female passengers , led the
procession toward the plant being immediately followed
by the vehicle containing the two Pinkerton
photographers As they turned across the highway toward
the driveway they were stopped by pickets congregated
across the driveway The entire convoy was stopped and,
according to Morris, he heard the breaking of glass and
throwing of rocks behind him and observed that cars were
being beaten, windows in them being smashed by rocks
and that one woman was arrested as she was throwing a
rock at the third car in line. Dorothy Curtis, whose car
was sixth or seventh in line, testified that the cars
remained on the highway until about 11 o'clock when the
patrolmen finally succeeded in arranging for the cars to
get off the road. She testified that the employees in their
cars "took our turns of blocking the driveway so that they
[the pickets] would have to stand out in the cold all day.''
As she was sitting in her car in the driveway she had an
encounter with Ellis. He was standing near her car when
she told him that she needed to go to the restroom.
Thereupon, according to Curtis, Ellis "patted his pocket .
. . and he pulled the flap up and he told me he had
something right there for me if I got out and went in."
Curtis saw the handle of a pistol but did not see the entire
gun. Jo Page, a passenger in Curtis' car, saw this incident
and testified in corroboration of Curtis.' Shortly thereafter
Curtis noticed that Ellis was poking with a stick at the
back tire of her car According to Curtis, Ellis was
"raking nails and tacks that they had in the driveway up
under my tire." When Curtis told Ellis "not to fool with
my tire" Ellis replied that he would not and that he would
clean out the tacks and then started raking them back
away from her tire Geraldine Waller. a passenger in Mrs
Curtis' car, testified that pickets Juanita Mills and Dan
Foster were in front of the Curtis car and that two
unknown female pickets struck Mrs Curtis' automobile
with sticks. Betty Furlow testified that on the morning of
March 10 the Curtis car in which she was riding was
damaged as they pulled into the plant driveway. Mrs.
Innman testified that on March 10 the employees were
unable to get into the plant as there was so many pickets
on both driveways and that her automobile had rocks
thrown at it and the windshield broken It was on this
date that Mrs. Innman was arrested for having a gun in
her possession.' Plant Manager Smith testified that on
March 10 the windshield in his car was broken by pickets
Pauline Murrell and Marie Turner. In total, a little over
$300 worth of damage was done to his car on that
occasion. It was also on this day that five women pickets
were arrested for throwing rocks.
Attorney Sims related that he visited the plant, driving
there in his own car unaccompanied by employees, on
March 11. There was a rather large crowd in the area of
the east driveway, some 10 or 15 people standing around
and others seated in automobiles. He went to the west
entrance where there were only one or two pickets. He
'Ellis denied that he carried a pistol, and testified he jokingly offered
Curtis the use of a "dry pocket " I credit Curtis and Page
She testified that her husband had given her the gun at Christmas in
order to protect herself following an incident where she had been accosted
by two men one evening . She further testified that she kept the gun in the
house most of the time except when she had to leave her home before
daybreak when she would take it with her in her car She denied that she
was pointing the gun at anyone on March 10
turned around, went up to the plant and then came back
again to the Southland Cafe. When he arrived he had a
flat tire, it having been punctured when he was in the west
driveway. Thereafter employees approached the picket line
behind the car with the photographers. Police officers
were there and told the employees that they should keep
at least one lane of traffic on the highway clear and
allowed the first three to enter the east entrance abreast
Pickets stood in front of them and stopped them, as
clearly shown by photographs in evidence as well as
motion pictures that were taken at the time. Among those
blocking the cars were pickets Frances Williams and Ruby
Hall. Hall had a rock in her hand and threw it at the
windshield of the car on the extreme right of the three
cars that were abreast. At the time Ellis was there
standing near the fire at the east side of the east driveway.
He came to the vicinity of the three cars with a stick in
his hand. As the car in the middle, occupied by Mrs.
Curtis and others, attempted to inch forward Ellis and
Williams took a position in front of it and put their
stomachs up against the radiator. Suddenly Ellis took the
stick which he had in his right hand and slammed it
across the windshield and shattered the glass. breaking the
stick. However, he continued to strike the windshield.
According to Sims, Ellis jumped on the radiator of the car
and with the heel of his hand struck the windshield several
times. Police eventually took Ellis into custody.
Mrs Curtis testified that her car was the middle of the
three that were situated abreast in the driveway and that
Beverly Hamilton stood in front of her car preventing her
from proceeding further. Hall picked up a rock and threw
it at the windshield of her car as depicted in an exhibit
(GC-37-4). Shortly thereafter the car next to Mrs. Curtis
moved and Ellis turned around and with his stick beat it
over her car windshield and later shoved his fist through
the side window of her car Also on March 11 the
automobile of Betty Furlow was blocked by Williams and
Ellis Both Williams and Ellis rained blows on the car
with a picket sign and a stick. In doing so Ellis broke the
stick but smashed in the windshield causing glass to
scatter on the inside of the car.`
D. Incident at the Wagoner Plant
At the Wagoner plant, the Respondent Local 327 is the
collective-bargaining representative. Some other union,
not identified in the record, represents employees at
Temco.
Don Stanley, an employee of Temco, occupying the
position of traffic manager, was at the Wagoner plant on
March 28 performing his normal duties, having arrived
there at approximately 5:45 in the morning. About 8
o'clock he left to take care of some paper work at the
Temco plant and observed four individuals standing out in
front of the main gate carrying picket signs Later in the
afternoon he returned and observed about 15 pickets
milling around in front of the truck gate. They started
throwing pieces of angle iron, rocks and other debris with
the result that one of the objects hit him on the hand. He
identified Robert Bartlett and Melvin Putt as two of the
persons involved in this incident, both employees of
Wagoner. After Stanley drove his truck through the gate
Wagoner employee Alton Howell came from across the
street where he had his car parked and said a few words
to the group of people who were in the driveway and who
had been throwing rocks. He informed them that Stanley
'See G.C Exhs 35-I to 35-4
426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was a member of management and that they should leave
him alone. After some argument Howell ran back toward
his car and attempted to start it. The group pursuing him
caught up with him, opened the doors and started beating
him while he was in the car Alter this had gone on for 2
or 3 minutes Stanley heard someone shout and upon
turning around he saw that Howell had gotten out of his
car and had a gun in his hand, which he fired Howell had
blood streaming down his face and all over his clothes. He
fired three or four times toward the group up by the gate
Thereupon, Allen Lemay, a Wagoner employee, ran to a
red Chevrolet, got a shotgun out of it and then ran across
the street towards another car which he used as cover apd
fired two shots at Howell. After this exchange of gunfire
Howell put his gun in his car and started backing around
the corner. Lemay then lired one more at the rear of
Howell's car as it pulled away, and then threw the gun in
the rear of his car and turned around to leave. Thereupon
Melvin Putt, who was over by Lemay's car, took the gun
and put it in the trunk of his own automobile
It is Howell's testimony that he went to work as usual
on March 28 and worked about 2 hours when some
employee said that there were pickets outside and that the
employees should go out. All of them did so including
Howell. He did not stay around the plant but went home
and stayed there until approximately 2 o'clock when he
returned to the plant to pick up his paycheck about 3
o'clock. He testified credibly that he parked his car about
75 yards from the employee entrance and sat there wailing
for a friend. He and this friend had discussed going out to
shoot groundhogs after receiving their paychecks, and in
consequence Howell had a 12-guage shotgun in his car
which he had borrowed for the groundhog shooting
expedition. Shortly alter parking his car a group of
persons came toward his car, including Robert Bartlett,
Allen Lemay, Morris Stevens and George Warren. All of
them were Wagoner employees, and Bartlett and Stevens
were union stewards This group gathered around his car,
the window of which was down. Bartlett. according to
Howell. said, "Al, I heard you called me a goddamn
scab." Howell denied that he had said any such thing.
Bartlett then asked Howell why he did not join the Union
and stated that he (Bartlett) did not like Howell.
Thereupon Bartlett jerked the car door open and he and
Lemay attempted to pull Howell out of the car. Bartlett
hit Nowell in the face and both Bartlett and Lemay
continued beating on him on the face and the side of his
head Howell was half in and half out of the car and
Stevens had hold of his legs attempting to pull him lurther
out of the car Al about this point Warren intervened and
induced the assailants to cease pummeling Howell. Howell
then got up and got into his car. As he started it up, so he
testified. Lemay came up with a shotgun which he fired.
Howell denied that he pursued anyone or that he reached
for the shotgun which he had, admittedly. in his car.
According to Howell, he sustained a fracture around his
left eye and spent 2 weeks in a Veterans hospital and had
surgery At the time of the hearing he was still under the
care of a doctor, but said that he was able to work
although he was afraid to go back to the plant because he
wanted to avoid any further trouble.
Robert Bazzell, materials control manager for
Wagoner, testified that he was at the plant on March 28.
While in the lunchroom with some other supervisors
someone stated that a fight was going on across the street
from the plant Bazzell Iooked out the window and noticed
that Howell was sitting in his car, that some people were
gathered around it, and that scuffling was going on
Bazzell recognized Bartlett and Lemay as among those
surrounding the Howell car. Although Bazzell did not
have a very clear view of the tight he did note that after
the people that had been at the car were about 50 yards
away from it Howell fired his shotgun into the group,
which contained some women.
Bartlett testified that during the morning of March 28
he had had several encounters with Howell who allegedly
had been referring to him (Bartlett) as a scab. Bartlett
testified that he went over to Howell and inquired whether
Howell was mad at him, and why he was telling
employees that Bartlett was a scab and using foul
language. According to Bartlett, Howell then put his hand
"down in his pocket and when he done that, I turned
around and walked off." Prior to that time, so Bartlett
testified, he had received information that Howell carried
a pistol. Later in the morning Howell twice came to where
Bartlett was working and asked whether Bartlett wanted
to get smart about the matter. Bartlett accused Howell of
having been drinking, whereupon Howell laughed and said
that they would talk about the matter later. The last time
Howell came back to Bartlett's work place, according to
Bartlett, Howell said that if Bartlett wanted trouble he
would accommodate him. After the employees went out
Bartlett testified that he engaged in no picketing and none
of the Wagoner employees did. About 3 o'clock the
employees were standing along the road waiting to get
paid, some of them accompanied by their wives and
children. Bartlett noticed Howell sitting in his car at a
distance from the plant. Thereupon Bartlett walked down
to the car, so he testified, to see if the two of them could
not straighten out the "problem" that had occurred in the
morning. It is Bartlett's testimony that he put his hands
on the car and asked Howell what the problem was
between them and whether they could not talk it over
Thereupon Howell started cursing Bartlett and reached
under the front seat. Apprehensive that Howell was
reaching for a gun. Bartlett hit Howell a number of times.
He was then stopped by Warren and the group started
walking back towards the plant. At this juncture someone
yelled that Howell had a gun and, so Bartlett testified, the
next thing that he knew was that he felt some shots hit
him and heard the gun and started to run. Bartlett
testified that he was hit five times and that three other
persons, one of whom had to go to the hospital, were
struck.
As among the four witnesses to this shooting incident 1
am persuaded that Stanley Bazzell and Howell are entitled
to be credited rather than Bartlett, however, I ain
persuaded that Howell did fire the gun toward the group
of people apparently in attempted retaliation against
Bartlett and Let-nay for the severe beating they had
inflicted on him.
E. Concluding Findings
The General Counsel contends that the Respondent
Union is responsible not only for the picket line activity of
its officers and representatives, Ellis and Hodgm, but also
for the conduct of the pickets in damaging automobiles
and plant property, blocking ingress and egress of
employees, and threatening and causing physical injury to
supervisors and employees The Union does not seriously
dispute that it is liable for the violative conduct of Ellis
and Hodgin. its agents, who as has been found engaged in
such conduct and admittedly were in charge of the picket
lines However, it seeks to escape liability for the acts of
union members and pickets, apparently on the theory that
TEAMSTERS , LOCAL 327 427
Ellis had instructed pickets and members not to engage in
violence and also on the assertion that nonstrikers
provoked and invited such violence as occurred
Both Ellis and Hodgin spent a great deal of their time
in direct charge of the picket line Not only did each of
them engage in conduct banned by Section 8(h)(I)(A), as
found above, but one or both were present when identified
and unidentified pickets engaged in similar conduct
Whatever instructions the Respondent Union may have
given pickets, they were more honored in the breach than
the observance and by specific example by Ellis and
Hodgin. In these circumstances the responsibility of the
Union is clear and I find that it is liable for the acts of
restraint and coercion that took place. by pickets and
members, as more fully related above, as well as for like
acts committed by Ellis and IIodgin, its admitted agents
See :'d'ew Power Wire and Electric Corp. v. N.L.R B . 340
F.2d 71, 72 (C.A 2); International Woodworkers of
America (W T Smith Lumber Co ). 116 NLRB 507,
Teamsters, Chauffeurs, Helpers and Taxicab Drivers,
Local U nion 327 (Hartman Luggage Company;). 173
NLRB No. 220.
IV. TFFI- EFFECT OF TFIF UNFAIR 14BOR PRACTICES UPON
COMMERCE
The activities of the Respondent set forth in section Ill,
above, occurring in connection with the operations of
Whale, Richey, and Wagoner as set forth in section 1,
above. have a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
posted shall also be mailed to the Respondent's members,
as it appears that many of them reside and work in places
remote from the Union's headquarters in Nashville.
However, I am not persuaded that effectuation of the
policies of the Act requires that the Respondent publicize
the notice in a newspaper of general circulation in its
territorial jurisdiction, as urged by the General Counsel'
Upon the basis of the foregoing findings of fact and
upon the entire record in the case, I make the following
COM-LU SIONS OF L,-,w
1. Whale, Inc., Richey Electronics, Inc., and Wagoner
Corporation, are employers engaged in commerce within
the meaning of Section 2(6) and (7) of the Act.
2 The Respondent Union. Teamsters, Chauffeurs,
Helpers and Taxicab Drivers Local Union No 327.
affiliated with International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, is a
labor organization within the meaning of Section 2(5) of
the Act
3 By mass picketing or otherwise blocking ingress or
egress of employees at said companies' premises, by
causing and threatening to cause physical harm to
employees of the aforesaid companies, and by causing and
threatening to cause damage to the property of said
companies and their employees. the Respondent has
restrained and coerced employees in the exercise of their
rights guaranteed in Section 7 of the Act, thereby
engaging in unfair labor practices within the meaning of
Section 8(b)(I)(A) of the Act
4 The aforesaid unfair labor practices are unfair labor
practices affecting commerce. within the meaning of
Section 2(6) and (7) of the Act
V THE RIMEDY
Having found that Respondent has engaged in certain
unfair labor practices, it will be recommended that it
cease and desist therefrom and take certain affirmative
action deemed necessary to effectuate the policies of the
Act.
As stated above, the General Counsel contends that a
broad cease-and-desist order enjoining the Respondent
from engaging in violative conduct similar to that found
herein is warranted with respect to any employer. In
support thereof, General Counsel refers to the
Respondent's past record of violative conduct which
culminated in two Board Decisions upholding charges of
violence against the Respondent, substantially similar to
what has been herein found.' It is, of course, well settled
that the Board has broad power to determine the proper
scope of cease-and-desist orders.' The record herein shows
that the actions of the Union in connection with the strike
against Whale and Richey received considerable publicity
in the community. The Union's territorial jurisdiction is
broad, covering an area roughly bounded by the Alabama
line, the Kentucky line, the Tennessee River, and the foot
of the Cumberland Mountains. Moreover, President
Richey testified that as a result of the incidents that
occurred at the Richey plant, the Company has
experienced considerable difficulty in recruiting employees.
apparently by reason of the publicized actions of the
Respondent in these circumstances, I am persuaded that
the Respondent's proclivity to engage in mass picketing,
picket line violence and threats of violence to persons and
property has been amply demonstrated. Accordingly I
conclude that a broad order should be issued in the instant
proceeding. I shall further require that the notice to be
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and
conclusions of law, and upon the entire record in the case,
it is recommended that Teamsters, Chauffeurs, Helpers
and Taxicab Drivers Local Union No 327, affiliated with
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America. and its officers,
agents, and representative,,, shall
l Cease and desist from restraining or coercing
employees of Whale. Inc , Richey Electronics, Inc.,
Wagoner Corporation, or any other employer within its
jurisdictional territory in the exercise of the rights
guaranteed them in Section 7 of the Act, by mass
picketing or otherwise blocking ingress or egress of
employees at said companies' premises, by causing or
threatening to cause physical harm to employees, by
causing or threatening to cause damage to the property of
said companies or their employees, or in any like or
similar manner restraining or coercing said employees in
the exercise of their Section 7 rights.
2. Take the following affirmative action designed to
effectuate the policies of the Act
`See Teamsters , Chauffeurs and Taxicab Drivers, Local Union 327
(Hartman Luggage Compani), 173 NLRB 220, and Teamsters,
Chauffeurs, Helpers and Taxicab Drivers . Local Union No 327 (Greer
Stop Nut Co ), 160 NLRB 1919
'Mai, Department Stores d/b/a Famous -Bar Company v. N L R B. 326
U S. 376
'Cf International Hod Carriers, etc (Owen Langston ). 145 NLRB 565
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Mail a copy of the attached notice marked
"Appendix"' to each of its members and post copies
thereof at its business office and meeting hall. Copies of
said notice, on forms provided by the Regional Director
for Region 26, after being duly signed by the Union's
official representative shall, immediately upon receipt
thereof, be mailed to each member, posted and
maintained for 60 consecutive days thereafter in
conspicuous places, including all places where notices to
its members are customarily posted. Reasonable steps
shall be taken to insure that such notice is not altered,
defaced, or covered by any other material.
(b) Sign and mail sufficient copies of said notice to the
Regional Director for Region 26 for postings by Whale,
Inc., Richey Electronics, Inc., and Wagoner Corporation,
at all locations where notices to employees are
customarily posted, if said companies are willing to do so.
(c) Notify the said Regional Director, in writing, within
20 days from the receipt of this Decision, what steps the
Respondent has taken to comply herewith.10
IT Is FURTHER RECOMMENDED that the complaint be
dismissed insofar as it alleges violations of Section
8(b)(l)(A) of the Act not specifically found herein.
APPENDIX
NOTICE TO ALL MEMBERS OI-FICERS, REPRESENTATIVES,
AND AGENTS AND TO ALL EMPLOYFES OF WHALE, INC.,
RICHEYELFCTRONICS,INC.,AND WAGONER CORPORATION
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 by mass picketing or otherwise block,
ingress and egress of employees at the premises of
Whale, Inc., Richey Electronics, Inc., and Wagoner
Corporation; cause or threaten to cause physical harm
to employees; or threaten to cause damage to the
property of said companies or their employees.
WE WILT. NOT in any like or similar manner restrain
or coerce employees of Whale, Inc., Richey Electronics,
Inc., and Wagoner Corporation or the employees of
any other employer within our jurisdictional territory in
the exercise of the rights guaranteed them by Section 7
of the Act.
In the event that this Recommended Order is adopted by the Board, the
words "a Decision and Order" shall is 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 "
"In the event that this Recommended Order is adopted by the Board,
this provision shall be modified to read "Notify the said Regional
Director, in writing, within 10 days from the date of this Order, what steps
Respondent has taken to comply herewith "
Dated By
TEAMSTERS, CHAUFFEURS,
HELPERS AND TAXICAB
DRIVERS, LOCAL UNION
327, AFFILIATED WITH
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
(Labor Organization)
(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 members 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.