Truck Drivers & Helpers Local Union 728, Etc.

National Labor Relations Board - Board Decisions

Oct 30, 1964

149 N.L.R.B. 421 (N.L.R.B. 1964)

TRUCK DRIVERS & HELPERS LOCAL UNION 728, ETC. 421
ards took the two cards and, after eating her lunch, placed the cards underneath
the cushion of her chair at her machine. However, the record is devoid of any
evidence that Richter or anyone in behalf of management saw or was aware of
this incident. Except for this, Richards admitted that before she took the two
cards, above mentioned, on January 22, 1964, she "had nothing to do with the
Union whatsoever." 8
By reason of all the foregoing I conclude that the General Counsel has not
established by a preponderance of the evidence that Richards was suspended or laid
off on January 22 for the reasons alleged in the complaint and will therefore
recommend that the allegations pertaining thereto be dismissed.
IV. THE REMEDY
Having found that Respondent has engaged in certain unfair labor practices, I
shall recommend the customary cease and desist order and the affirmative relief
conventionally ordered in cases of this nature and designed to effectuate the poli-
cies of the Act.
CONCLUSIONS OF LAW
1. By interrogating its employees about union activity in its plant Respondent
violated Section 8(a) (1) of the Act.
2. By posting a notice prohibiting its employees from engaging in union
activities during their break time, and by threatening them with discharge if they
did so, Respondent interfered with, restrained, and coerced its employees in rights
guaranteed by Section 7 of the Act, thereby violating Section 8(a)(1) 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.
4 The Respondent did not violate Section 8 (a) (1) or (3) of the Act by transfer-
ring Jerry Jackson from the Trenton plant to the job of helper on the Mize-O-
Matic machine at the St. Louis plant and did not thereby cause the termination of
his employment.
5. Respondent did not violate Section 8(a)(1) or (3) of the Act by laying off
or suspending Norma Richards for two days on January 22, 1964.
[Recommended Order omitted from publication.]
s Even if it be assumed, arguendo, that Respondent was aware that Richards accepted
and hid the two union cards, I am not persuaded that Respondent suspended her for that
reason Were I required to find that Respondent had knowledge of this incident, I would
nevertheless find that she was not suspended for that reason Instead, I would find that
her suspension was brought about for the reasons stated to O'Hara by Richter as heretofore
detailed
Truck Drivers and Helpers Local Union No. 728 International
Brotherhood of Teamsters , Chauffeurs, Warehousemen and
Helpers of America and Brown Transport Corp . Case No.
10-CC-510. October 30, 1964
SUPPLEMENTAL DECISION AND ORDER
On September 16, 1963, the Board issued its Decision and Order in
the above entitled proceeding, dismissing the complaint.' On July 9,
1964, the Court of Appeals for the Fifth Circuit issued its decision,
setting aside the Board's order and remanding the case for the entry
of an "appropriate injunctive order against Local 728."
1144 NLRB 590.
149 NLRB No. 35.
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we 2 shall issue an order to remedy the violations of
Section 8(b) (4) (i) and (ii) (B) which the Court has found.3
ORDER
Upon the entire record in this case, and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent, Truck Drivers
and Helpers Local Union No. 728, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, its
officers, agents, successors, and assigns, shall :
1. Cease and desist from inducing or encouraging any individual
employed by Atlanta Warehouse, Center Chemical Company, Huber
and Huber, C & H Fan Company, and other customers of Brown
Transport Corp., in Atlanta, Georgia, as well as neutral shippers oc-
cupying portions of the premises of Candler Warehouse in Atlanta,
Georgia, or any other employer or person engaged in commerce, or in
an industry affecting commerce, to engage in a strike or a refusal in
the course of his employment to use, manufacture, process, transport,
or to perform any services for his employer, and from threatening,
coercing, or restraining the aforesaid employers, or any other person
engaged in commerce, or in an industry affecting commerce, where
an object in either case is to force or require any person to cease do-
ing business with Brown Transport Corp.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post at the business offices in Atlanta, Georgia, of Respond-
ent Truckdrivers and Helpers Local Union No. 728, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, copies of the attached notice marked "Appendix A." 4
Copies of said notice, to be furnished by the Regional Director for
Region 10, shall, after being duly signed by an official representative
of the Respondent, be posted by Local No. 728 immediately upon
receipt thereof, and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all places where notices
to its members are customarily posted. Reasonable steps shall be
taken by Respondent to insure that said notices are not altered, de-
faced, or covered by any other material. The Respondent shall also
sign copies of the notice which the Regional Director shall make
2Pursuant to Section 3(b) of the National Labor Relations Act, the Board has delegated
its powers in connection with this case to a three - member panel [ Chairman McCulloch
and Members Leedom and Fanning].
3 Brown Transport Corp v. N . L R B., 334 F. 2d 30 (C A 5).
4 In the event that this Order is enforced by it decree of a United States Court of
Appeals, there shall be substituted for the words " a Decision and Order" the words "a
Decree of the United States Court of Appeals , Enforcing an Order."
TRUCK DRIVERS & HELPERS LOCAL UNION 728, ETC. 423
available for posting at premises where employees of Atlanta Ware-
house, Center Chemical Company, Huber and Huber, and C & H Fan
Company are employed, and at the Candler Warehouse at the prem-
ises of the various neutral shippers there located.
(b) Notify the said Regional Director, in writing, within 10 days
from the date of this Order, what steps the Respondent has taken to
comply herewith.
APPENDIX A
NOTICE TO ALL MEMBERS OF TRUCK DRIVERS AND HELPERS LOCAL
UNION • No. 728, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA
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, as amended, we hereby notify you that :
WE WILL NOT induce or encourage any individual employed by
Atlanta Warehouse, Center Chemical Company, Huber and Hu-
ber, C & H Fan Company, and the employees of other customers
of Brown Transport Corp. in Atlanta, Georgia, as well as neu-
tral shippers occupying portions of the premises of Candler
Warehouse in Atlanta, Georgia, or any other employer or person
engaged in commerce, or in an industry affecting commerce, to
engage in a strike or a refusal in the course of his employment
to use, manufacture, process, transport, or to perform any serv-
ices for his employer, or threaten, coerce, or restrain the afore-
said employers, or any other person engaged in commerce, or in
an industry affecting commerce, where an object in either case
is to force or require any person to cease doing business with
Brown Transport Corp.
TRUCKDRIVERS AND HELPERS LOCAL UNION No. 728, IN-
TERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, 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.
Employees may communicate directly with the Regional Office, 528
Peachtree-Seventh Building, 50 Seventh Street NE.,.Atlanta, Geor-
gia, Telephone No. 876-3311, Extension 5357, if they have any ques-
tion concerning this notice or compliance with its provisions.