Dallas General Drivers, Etc., Local Union 745

62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD conspicuous places, including all places where notices to employees 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) Notify the Regional Director for the Tenth Region , in writing, within 20 days from the receipt of this Intermediate Report and Recommended Order, what steps it has taken to comply therewith. 3. It is recommend that the allegations of the complaint with respect to the un- lawful discharge of Fred Hill be dismissed. APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to the Recommendations of a Trial Examiner of the National Labor Re- lations Board, and in order to effectuate the policies of the Labor Management Relations Act, we hereby notify our employees that: WE WILL NOT interfere with , restrain, or coerce our employees in the exercise of their rights to engage in or to refrain from engaging in union activities by interrogating them concerning their union sympathies and activities , by soliciting their withdrawal from Truckdrivers and Helpers , Local 515, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Ind., or any other labor organization , creating the impression of surveillance of employees while engaging in union activities , and my threatening employees with retaliatory reprisals for becoming unionized. WE WILL NOT in any like or related manner interfere with , restrain , or coerce our employees in the exercise of the right to self-organization , to form labor organizations, or to join or assist Truckdrivers and Helpers, Local 515, Inter- national Brotherhood of Teamsters , Chauffeurs, Warehousemen & Helpers of America, Ind., or any other labor organization , to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from engaging in such activities as guaranteed in Section 7 of the Act. All our employees are free to become or remain , or to refrain from becoming or remaining members of any labor organization. RYDER TRUCK RENTAL, INC., Employer. Dated------------------- By------------------------------------------- (Representative ) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Dallas General Drivers, Warehousemen and Helpers Local Union No. 745 and'Macatee, Inc. Dallas General Drivers, Warehousemen and Helpers Local Union No. 745, affiliated with International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America and Macatee, Inc. Cases Nos. 16-CB-158 and 16-CP-1. January 5, 1962 SUPPLEMENTAL DECISION GRANTING MOTION AND MODIFYING ORDER On May 11, 1960, the Board issued a Decision and Order in this pro- ceeding, finding that the Respondent had violated Section 8 (b) (7) (B) of the Act.' In its Order, the Board directed Respondent to cease and 1127 NLRB 683. 135 NLRB No. 11. DALLAS GENERAL DRIVERS, ETC., LOCAL UNION 745 63 desist from picketing or threatening to picket Macatee, Inc., where an object thereof was to force or require Macatee, Inc., to recognize and bargain with the Union "for a period of one year following the con- duct of the election of June 24, 1959." Thereafter, the General Coun- sel filed with the Board a motion for reconsideration of the scope of its Order? In his motion, the General Counsel urged that the 1-year ban on picketing for the proscribed objects should run from Septem- ber 2, 1959, the date on which the Board certified the results of the election, rather than the date on which the election was held, and that future picketing for such objects should be banned for a year follow- ing the conduct of a "valid election" among Macatee, Inc., employees which the Union does not win. In Irvins, Inc.,' issued on November 24, 1961, the Board had oc- casion to reconsider the scope of its Orders in cases involving viola- tions of Section 8(b) (7) (B). In that case, the Board announced that the determinative date for deciding whether a "valid election" under that section has been held, and, consequently, whether that section has been violated, shall be the date of certification of results of election or of certification of representatives, as the case may be. For the purpose of remedying a violation of that section, the Board there further announced that "remedial orders in Section 8(b) (7) (B) cases will require a cessation of all recognition and/or organization post election picketing for a period of twelve months, which period shall be computed from the date the labor organization terminates its picketing activities (either voluntarily or involuntarily)." The Board also fashioned an order barring prospective picketing for objects of recognition or organization for a year following the conduct of a valid election which the picketing union loses. Applying these criteria to the instant case, the record shows that, although the election was conducted on June 24, 1959, the Board issued a certification of results of election on September 2, 1959. Because the Union continued to picket for recognition on and after that date, the Union's violation of Section 8(b) (7) (B) occurred on September 2. The record further shows that the Union's picketing for recognition continued until November 27, 1959, when it was enjoined by a Federal district court. We would normally tailor the remedy to bar picketing for a year following this date. As more than a year following the date has already elapsed, we shall, in the circumstances of this case, only order the Union to cease and desist from picketing for this object for a year following the conduct of any future valid election in which the Union is unsuccessful. Accordingly, we grant the General Counsel's motion for reconsider- ation and shall modify the Order herein to the extent indicated above. 2 No opposition to the motion has been filed with the Board. 134 NLRB 686. 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER IT IS HEREBY ORDERED that paragraph 1 (a) of the Order herein be, and it hereby is, deleted, and that there be substituted therefor the following : "1. Cease and desist from : "(a) Picketing or causing to be picketed, or threatening to picket Macatee, Inc., where an object thereof is to force or require Macatee, Inc., to recognize or bargain collectively with it where within the pre- ceding 12 months a valid election under Section 9(c) of the Act has been conducted which the Respondent did not win." IT IS FURTHER ORDERED that the notice herein be, and it hereby is, amended by substituting for the paragraph commencing with "We will not" and ending with "election of June 24, 1959" the following : WE WILL NOT picket or cause to be picketed, or threaten to picket, Macatee, Inc., where an object thereof is to force or require Macatee, Inc., to recognize or bargain collectively with us where a valid election which we did not win has been conducted by the National Labor Relations Board among the employees of Maca- tee, Inc., within the preceding 12 months. CHAIRMAN MCCULLOCH and MEMBER BROWN took no part in the con- sideration of the above Supplemental Decision Granting Motion and Modifying Order. Royal Optical Manufacturing Co., Inc. and Production, Mainte- nance and Service Employees Union, Local 3. Case No. 2-CA- 7727. January 8, 1962 DECISION AND ORDER On May 8,1961, Trial Examiner Lee J. Best issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices alleged in the complaint and recommending that they cease and desist therefrom and take certain affirmative action as set forth in the Inter- mediate Report attached hereto. The Trial Examiner also found that Respondent had not engaged in other unfair labor practices which had been alleged in the complaint. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief. The Respondent did not file any exceptions. 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 Inter- mediate Report, the exceptions and brief, and the entire record in this 135 NLRB No. 10.