Teamsters Local 36 (E. R. Stong Materials)

National Labor Relations Board - Board Decisions

Aug 21, 1984

271 N.L.R.B. 1106 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Building Material and Dump Trucks Drivers, Team-
sters Local Union No. 36, International Broth-
erhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America (E. R. Stong
Building Materials Co.) and Kenyon L. Ackley.
Case 21-CB-7097
21 August 1984
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND HUNTER
On 7 July 1983 the National Labor Relations
Board issued its Decision and Order in this pro-
ceeding' finding that the Respondent violated Sec-
tion 8(b)(l)(A) by, pursuant to a union constitution-
al provision,2 imposing a court-collectible fine on
employee Kenyon L. Ackley for crossing the Re-
spondent's picket line after he had resigned from
the Respondent. The Board, sua sponte, has decid-
ed to reconsider this case.
We now affirm our conclusion that the Respond-
ent violated Section 8(b)(l)(A) 3 but we do so for
the reasons set forth in Machinists Local 1414 (Neu-
feld Porsche-Audi), 270 NLRB 1330 (1984). In that
case the Board held that any restriction imposed on
a union member's right to resign is invalid. In
accord with Neufeld Porsche-Audi we shall modify
our original Order to require the Respondent to
cease and desist from maintaining the invalid re-
striction on resignation and to expunge it from its
governing documents.
ORDER
The National Labor Relations Board affirms as
its Order the Order entered in this proceeding on 7
July 1983 (266 NLRB 1057) as modified.
1. Insert the following as paragraph l(a) and re-
letter the subsequent paragraphs.
"(a) Maintaining in its governing documents arti-
cle II, section 2(h) of the constitution of the Inter-
national Brotherhood of Teamsters, Chauffeurs,
' 266 NLRB 1057.
2 The constitution of the International provides in art. II, sec. 2(b) that:
No member may resign from his membership in the International
Union or any subordinate body before he has paid all dues, assess-
ments, fines and other obligations owing to the International Union
and all its subordinate bodies. A resignation must be in writing to the
Secretary-Treasurer of the Local Union. After the Secretary-Treas-
urer has determinated that the foregoing requirements have been
complied with, such resignation shall then be effective thirty (30)
days after its receipt by the Secretary-Treasurer.
3 In finding the violation alleged, Member Zimmerman affirms his po-
sition fully set forth in fn. 2 of the original Decision and Order. He relies
solely on the judge's finding that Ackley had insufficient notice of the
constitutional limitations on resignation from membership in the Respond-
ent. He therefore finds it unnecessary to pass on whether the provision is
a valid limitation on the right to resign, or that it should be expunged
from the International Union's constitution.
Warehousemen and Helpers of America to the
extent it provides that:
"No member may resign from his member-
ship in the International Union or any subordi-
nate body before he has paid all dues, assess-
ments, fines and other obligations owing to the
International Union and all its subordinate
bodies. A resignation must be in writing to the
Secretary-Treasurer of the Local Union. After
the Secretary-Treasurer has determinated that
the foregoing requirements have been com-
plied with, such resignation shall then be effec-
tive thirty (30) days after its receipt by the
Secretary-Treasurer."
2. Insert the following as paragraph 2(a) and re-
letter the subsequent paragraphs.
"(a) Expunge from its governing documents arti-
cle II, section 2(h) of the constitution of the Inter-
national Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America set forth
above."
3. Substitute the attached notice for that of the
administrative law judge.
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 maintain in our governing docu-
ments article II, section 2(h) of the International
constitution which provides:
No member may resign from his member-
ship in the International Union or any subordi-
nate body before he has paid all dues, assess-
ments, fines and other obligations owing to the
International Union and all its subordinate
bodies. A resignation must be in writing to the
Secretary-Treasurer of the Local Union. After
the Secretary-Treasurer has determinated that
the foregoing requirements have been com-
plied with, such resignation shall then be effec-
tive thirty (30) days after its receipt by the
Secretary-Treasurer.
WE WILL NOT fine nor threaten to fine you for
crossing a picket line to work after yout have law-
fully resigned from membership.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
271 NLRB No. 180
1106
TEAMSTERS LOCAL 36 (E.R. STONG MATERIALS) 1107
cise of the rights guaranteed you by Section 7 of money he may have paid as a result of such fine,
the Act. plus interest.
WE WILL expunge article II, section 2(h) of the
International constitution from our governing doc-
uments.
WE WILL rescind the fine levied against Kenyon
L. Ackley because he worked at E. R. Stong
Building Materials Co. after his lawful resignation
from membership during the strike and refund any
BUILDING MATERIAL AND DUMP
TRUCK DRIVERS, TEAMSTERS LOCAL
UNION No. 36, INTERNATIONAL BRO-
THERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN AND HELP-
ERS OF AMERICA