United Steelworkers of America

National Labor Relations Board - Board Decisions

Dec 18, 1970

187 N.L.R.B. 343 (N.L.R.B. 1970)

UNITED STEELWORKERS OF AMERICA 343
United Steelworkers of America , AFL-CIO, and
Poloron Products of Mississippi , Inc. Case
26-CB-550
December 18, 1970
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS BROWN
AND JENKINS
On July 14, 1970, United Steelworkers of America,
AFL-CIO, herein called the Respondent, and the
General Counsel of the National Labor Relations
Board, herein called the Board, entered into a
Stipulation, in settlement of the case, subject to
approval of the Board, providing for the entry of a
consent order by the Board and a consent judgment
by any appropriate United States Court of Appeals.
The parties waived all further and other procedure
before the Board to which they may be entitled under
the National Labor Relations Act, as amended, and
the Rules and Regulations of the Board, and the
Respondent waived its right to contest the entry of a
consent judgment or to receive further notice of the
application therefor.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in connection
with this case to a three-member panel.
The Charging Party refused to execute the Stipula-
tion on the following grounds: It believes that the
remedy provided in the Stipulation will not effectively
redress the violations alleged nor curtail future
violations; that an adequate remedy should be the
denial of representation rights for a year, the dismissal
of the pending representation petition in Case
26-RC-3728, and bar the filing of a new one for 1
year upon the submission of a new interest showing;
that the notice does not give sufficient assurance that
the illegal conduct will not recur nor fully covers the
violations alleged; and, finally, that a full record
hearing is constitutionally required to provide a
proper record for review by a court of appeals. These
arguments were carefully considered by the Regional
Director who advised the Charging Party on Septem-
ber 10, 1970, by letter, that he was forwarding the
Stipulation to the General Counsel for submission to
the Board for approval. On September 29, 1970, the
General Counsel sent a letter to the Charging Party
stating that, after full consideration of the objections
submitted to the Regional Director and renewed to
the General Counsel in a letter dated September 14,
he concluded that the settlement agreement was in
187 NLRB No. 24
full accord with existing Board law and policy and the
provisions thereof remedied the unfair labor practices
alleged in the complaint. The Charging Party was
informed that pursuant to Section 101.9(c)(2) of the
Board's Statement of Procedures it could submit any
further statement in support of its objections to the
Board on or before October 14, 1970. Pursuant
thereto a further statement of objections was submit-
ted by the Charging Party.
In reviewing objections to and refusal to execute a
formal settlement agreement, we have previously
stated certain principles and considerations that guide
us in determining whether such a settlement agree-
ment should be approved and we see no necessity to
reiterate those now. Farmers Co-Operative Gin Associ-
ation, 168 NLRB 367. Suffice it to say that in arriving
at our decision here, we have taken these factors into
consideration and in recognition that in this area the
discretion of the Board is broad. Textile Workers
Union of America, AFL-CIO v. N.L.R.B., 294 F.2d
738 (C.A.D.C., 1961), enfd. after remand 315 F.2d 41
(C.A.D.C., 1963).
We have fully and carefully reviewed the Charging
Party's objections and find them without merit. The
remedy provided is that normally given in cases of this
kind and, together with the notice required to be
posted, fully remedies the allegations of violations
contained in the complaint. We also note that the
Stipulation provides for the consent entry of a court
judgment upon application of the Board. The broad
remedy sought by the Charging Party with respect to
barring the Respondent Union from maintaining or
filing another representation petition for at least a
year is both unique and severe and is not justified in
the circumstances of this case. The Charging Party's
argument that a record hearing is constitutionally
required is not in accord with existing law or Board
policy. Roselle Shoe Corporation, 135 NLRB 472;
Textile Workers Union of America, AFL-CIO v.
N. L R. B., supra. See also Local 282, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America v. N.L.R.B., 339 F.2d 795
(C.A. 2, 1964). The meticulous procedure followed at
all stages of this proceeding prior to the submission of
the matter to the Board and our own findings made
herein have met all the requirements of due process to
which the Charging Party is entitled.
For the foregoing reasons, and in light of the
principles stated above, the investigative reports and
recommendations of the General Counsel and the
Regional Director, we conclude that there is no basis
for rejecting the settlement stipulation. We find that
the provisions of the Stipulation adequately remedy
the violations alleged in the complaint and that it will
effectuate the purposes of the Act to adopt the terms
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the agreement. The request for a record hearing is
therefore denied. Roselle Shoe Corporation, supra. i
The aforesaid Stipulation is hereby approved and
made a part of the record herein, and the proceeding
is hereby transferred to and continued before the
Board in Washington, D.C., for the entry of a
Decision and Order pursuant to the provisions of the
said Stipulation.
Upon the basis of the aforesaid Stipulation and the
entire record in the case, the Board makes the
following:
FINDINGS OF FACT
1. THE BUSINESS OF THE CHARGING PARTY
Poloron Products of Mississippi, Inc., herein called
Poloron, is a corporation with a plant and place of
business at Batesville, Mississippi, where it is engaged
in the manufacture of tail fins for bombs and leisure
products. In the course and conduct of its business
operations at its Batesville, Mississippi, plant, during
the 1-year period ending June 30, 1970, Poloron
purchased supplies and materials of a value in excess
of $50,000 directly from business operations located
outside the State of Mississippi, which were shipped
by business concerns from points outside the State of
Mississippi directly to the Batesville plant. During the
same period, Poloron sold and shipped finished goods
and materials valued in excess of $50,000 from its
Batesville, Mississippi, location directly to points
located outside the State of Mississippi.
The Respondent admits, and we find, that Poloron
Products of Mississippi, Inc., is an employer engaged
in commerce within the meaning of Section 2(6) and
(7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
United Steelworkers of America, AFL-CIO, is a
labor organization within the meaning of Section 2(5)
of the Act.
ORDER
Upon the basis of the above findings of fact, the
Stipulation , and the entire record in the 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,
United Steelworkers of America , AFL-CIO, its
officers , agents , and representatives , shall:
1. Cease and desist from:
(a) Restraining or coercing the employees of
Poloron Products of Mississippi , Inc., in the exercise
of the rights guaranteed to them by Section 7 of the
Act by blocking ingress and egress of the employees at
Poloron 's premises , spreading tacks or nails on
company driveways, and threatening employees with
physical injuries or injury to their property because
they cross, or wish to cross, picket lines or because
they refrain from, or wish to refrain from, engaging in
activities in support of Respondent.
(b) In any other manner restraining or coercing the
employees in the exercise of their rights guaranteed in
Section 7 of the Act.
2. Take the following affirmative action which the
National Labor Relations Board finds will effectuate
the policies of the National Labor Relations Act, as
amended:
(a) Post at its business office in Batesville, Mississip-
pi, copies of the attached notice marked
"Appendix." 2 Copies of said notice, on forms
provided by the Regional Director for Region 26,
after being duly signed by Respondent's representa-
tive, shall be posted by Respondent immediately upon
receipt thereof, and be maintained by it for 60
consecutive days thereafter, in conspicuous places,
including all places where notices to members are
customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(b) Mail to the Regional Director for Region 26
signed copies of the said notice for posting by Poloron
Products of Mississippi, Inc., if Poloron is willing, in
the places where notices to employees are customarily
posted. Copies of said notice to be furnished by the
Regional Director for Region 26 shall, after being
signed by the Respondent's representative, be forth-
with returned to the Regional Director for such
posting by Poloron Products of Mississippi, Inc.
(c) Notify the Regional Director for Region 26, in
writing, within 10 days from the date of this Order,
what steps have been taken to comply herewith.
I As the position of the Charging Party and its objections to the
settlement agreement have been made abundantly clear at all stages of this
proceeding, oral argument would serve no useful purpose and the request
therefor is denied
E In the event this Order is enforced by a judgment of the United States
Court of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board " shall be changed to read "Posted
pursuant to a Judgment of the United States Court of Appeals enforcing
an Order of the National Labor Relations Board
APPENDIX
NOTICE
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
TO ALL MEMBERS OF UNITED STEEL-
WORKERS OF AMERICA, AFL-CIO, AND TO
POLORON PRODUCTS OF MISSISSIPPI, INC.,
AND ITS EMPLOYEES
WE WILL NOT block the ingress and egress of the
UNITED STEELWORKERS OF AMERICA
employees at the premises of Poloron Products of
Mississippi , Inc.; injure employees entering or
leaving those premises ; damage automobiles and
trucks of employees and other persons entering or
leaving those premises ; spread tacks on the
company driveways; or threaten employees with
physical injury or injury to their property because
they wish to cross our picket lines or because they
wish to refrain from engaging in any union
activities.
WE WILL NOT in any other manner restrain or
coerce employees in the exercise of the rights
guaranteed them in Section 7 of the Act.
Dated By
345
(Representative) (Title)
This is an official notice and must not be defaced by
anyone.
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.
Any questions concerning this notice or compliance
with its provisions may be directed to the Board's
Office , 746 Federal Office Building, 167 North Main
Street , Memphis , Tennessee 38103, Telephone
901-534-3161.
UNITED STEELWORKERS
OF AMERICA , AFL-CIO
(Labor Organization)