Local 115, Teamsters

56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local 115, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Ameri- ca and Continental - Wirt Electronics. Case 4-CB-1628 October 23, 1970 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND BROWN On May 28, 1970, Trial Examiner Fannie M. Boyls issued her Decision in the above-entitled proceed- ing, finding that Respondent had engaged in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, I and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Respondent has filed two limited exceptions to the Trial Examiner's Decision. Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegat- ed its powers in connection with this case 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,' and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.2 ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the Recommend- ed Order of the Trial Examiner and hereby orders that Respondent, Local 115, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, its officers, agents, and representatives, shall take the action set forth in the Trial Examiner's Recommended Order. i Exception is taken to the Trial Examiner's denial to Respondent of an opportunity to impeach witnesses for the General Counsel An examination of the designated portion of the record upon which reliance is placed reveals no unfairness or prejudice in the denial, however, as Respondent was attempting at this point in the hearing to impeach a witness on an issue collateral to the unfair labor practices alleged It is well within the discretionary authority of a Trial Examiner at a Board hearing to apply the general evidentiary limitation on impeachment of a witness on a collateral matter See 3 Wigmore, Evidence § 1001 (3d ed , 1940) 2 The exceptions raise issues for the consideration of the Board only to the extent that they comply with the National Labor Relations Board Rules and Regulations, Series 8, as amended, Sec 102 46(b) All findings, conclusions, and recommendations to which proper exception has not been taken are adopted pro forma Rules and Regulations, Sec 102 48(a) TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE FANNIE M. BOYLs, Trail Examiner. This case, initiated by a charge filed on June 23, 1969, and a complaint issued on October 31, 1969, was tried before me on 15 hearing days at various dates between December 15, 1969, and January 22, 1970, at Philadelphia, Pennsylvania. The complaint alleges that during a strike against Continental-Wirt Electronics Corporation, commencing on March 12, 1969, and still in progress, the Respondent, Local 115, International Broth- erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called the Union or Respondent Union, engaged in various acts of restraint and coercion against the employees of Continental-Wirt and other employers, in violation of Section 8(b)(1)(A) of the Act. Respondent Union filed an answer in which it denied the commission of the unfair labor practices alleged. Subse- quent to the hearing, on or about March 20, 1970, the General Counsel, the Respondent Union and the Charging Employer filed briefs, which have been carefully consid- ered. Upon the entire record and my observation of the demeanor of the witnesses at the hearing, and after due consideration of the briefs filed by the parties, I make the following: FINDINGS OF FACT I JURISDICTIONAL FINDINGS: THE BUSINESS OF THE EMPLOYER Continental-Wirt Electronics Corporation, the employer whose employees have been on strike during the periods herein relevant, is a Pennsylvania corporation engaged at its plant on Green Street and Queen Lane in Philadelphia in the business of manufacturing electronic components, including precision film resistors. During the year 1969 Continental-Wirt sold and delivered from its Philadelphia plant to points outside the Commonwealth of Pennsylvania products valued in excess of $50,000, including precision film resistors valued in excess of $35,000 to agencies of the United States Government for use in military computers and military electronic devices On the basis of these uncontroverted facts, I find that Continental-Wirt is an employer engaged in commerce within the meaning of Section 2(2), (6) and (7) of the Act. II. THE RESPONDENT LABOR ORGANIZATION The Respondent, Local 115, 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 UNFAIR LABOR PRACTICES A. Background and Issues At an election conducted by the Regional Director of the Board on October 23, 1968, wherein Respondent Union and an incumbent local of the International Union of Electrical Workers, AFL-CIO, were on the ballots, 186 NLRB No. 10 LOCAL 115, TEAMSTERS 57 Respondent Union won and was certified on October 31, 1968, as the bargaining representative of the Continental- Wirt production and maintenance employees. Following the inability of Respondent Union and the Employer to reach an agreement in bargaining negotiations, the Union called a strike on March 12, 1969. This strike was still in progress at the conclusion of the hearing on January 22, 1970. The picketing took place not only at the Continental-Wirt plant at Green Street and Queen Lane in Philadelphia, but also at affiliated or related plants, namely, Keystone Control Company at Ambler, Pennsylvania, and at Industrial Enterprises Company located at Hatsboro and Foxchase, Pennsylvania, respectively.' Management per- sonnel and office workers, but none of the approximately 150 production employees, worked between March 12 and April 17. By the latter date, management representatives had arranged with about 20 production employees who wished to return to work, to pick them up at various meeting points and transport them to work in cars. Registered notices were sent by the Employer to all striking employees, postmarked on or about April 18, announcing the Employer's intention to resume operations and inviting each employee to indicate in appropriate blocks on the notice form whether or not he was willing to return to work and to mail such form back to the Employer. In addition to those reporting back on April 17, 15 or 20 more strikers later returned to work. The complaint alleges and evidence was adduced to show that commencing on March 19, before any of the production workers returned to work, management and office personnel were upon a number of occasions blocked by pickets from entering or leaving the plant and a number of them were physically assaulted or threatened. As a result of this conduct the Employer on or about March 26, 1969, sought and obtained preliminary injunctions in the Courts of Common Pleas in Philadelphia and in Montgomery County (the latter covering the Ambler and Hatsboro plants), enjoining the Union and its agents from engaging in acts of physical violence against the Employer and its employees. At the same time the Employer was also enjoined from engaging in similar acts against the Union, its officers and members. The number of pickets was limited by the injunctions to six at each gate. A number of picketing employees were thereafter charged with viola- tions of the injunctions and some were tried and given suspended sentences. The outstanding court injunctions and steps taken by the courts to enforce their injunctive orders, together with the presence of "Court Observers" employed by the Employer from a private detective agency to help it police the court orders and the Labor Squad from the Metropolitan Police Department, were deterrents to a continuation of most of the coercive acts of the pickets. There is evidence of isolated incidents occurring between September and November and no evidence of any alleged coercive conduct since then. In view of the effective manner in which the local courts and police officials have dealt with the strike violence problem and the cessation of all acts of alleged strike misconduct for more than a month before the commence- ment of the hearing, the Trial Examiner at the hearing questioned the parties about what, as a practical matter, could be accomplished by conducting a hearing and resolving the issues presented as to whether the Union or its agents had engaged in any of the acts of restraint and coercion alleged. Any cease and desist order which might result from a decision by the Trial Examiner, by the Board or by the appropriate United States Court of Appeals could, it seems to me, accomplish no more than has already been accomplished much more quickly by the injunctive and contempt orders heretofore issued by the local courts. For this reason any decision and order issued in this case may well be an exercise in futility. Nevertheless, in view of collateral proceedings upon which a decision in this case might possibly have some bearing - though not apparent to the Trial Examiner - and in view of some possible restraining effect of a Board or Court Order in this proceeding upon future conduct of the Union, findings and recommendations will be made herein involving the acts alleged in the complaint.2 B. The Acts of Restraint and Coercion 1. Those responsible for the Union's conduct of the strike At the outset, consideration will be given to the Union's contention that any persons who may have engaged in strike misconduct were not its agents and that the Union should not be held responsible for their conduct. Thomas J. Kilkenny was the Union's president and business agent.3 John P. Morris was its secretary-treasurer 1 Union Organizing Representative Joseph Yeoman estimated that in ordinary traffic it would take between 30 and 40 minutes to drive from Continental-Wirt to Keystone Control in Ambler, about I hour to I hour and 15 minutes to Industrial Enterprises in Hatsboro, and between 20 and 30 minutes to Industrial Enterprises at Foxchase 2 This is only one of numerous cases brought before the Regional Director or Board since the Union's certification on October 31, 1968, by or against one or the other of the parties On March 24, 1969, and again on November 3, 1969, the Union filed a charge against the Employer, alleging that the Employer had violated Section 8(a)(1) and (5) of the Act (Cases 4-CA-4851 and 4-CA-5062) The Regional Director refused to issue a complaint in both cases and on appeal to the Board from the second refusal, the Board on January 22, 1970, sustained the Regional Director's action On November 20, 1969, a decertification petition was filed by one of the employees and an election pursuant thereto was conducted on March 10, 1970 (Case 4-RD-439) In the meantime, however, the Union filed still another charge (Case 4-CA-5144) against the Employer, alleging that it had violated Section 8(a)(1) and (5) of the Act and the Regional Director dismissed that charge on February 17, 1970 In view of the pendency of the Union's appeal to the Board from the Regional Director's ruling in that case, the ballots were impounded by the Regional Director in the representation case and have not yet been counted Some of the proceedings mentioned above were referred to in the record in this case. Other matters are mentioned in the General Counsel's brief and official notice is taken of them 3 During the course of the hearing in this case, on January 5 and again on January 6, 1970, Kilkenny followed employer attorney Andrew F Mimnaugh out of the hearing room and threatened him with physical harm On the first occasion, as Mimnaugh was waiting for an elevator, Kilkenny told him, "We'll work you over, too," and on the second occasion, during a morning recess at the hearing, Kilkenny followed Mimnaugh into the elevator and told him, "We're going to f-k you around the first chance we get " (Credited testimony of Mimnaugh, categorically denied by Kilkenny) Kilkenny's first threat, as the General Counsel points (Continued) 58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and business agent. They were not normally physically present or personally involved with the day-to-day conduct of the strike. Instead, they designated paid organizing representatives to be in direct charge. None of these organizing representatives worked for Continental-Wirt or its related plants. They were regularly employed elsewhere. One of them, George Dorsey, served as organizing representative only from March 12, the first day of the strike, until sometime in May. Another, Joseph Yeoman, who was a union shop steward at his regular place of employment and also served on the Union's bargaining committee at Continental-Wirt, served as organizing representative while on leave of absence from his regular employment, off and on between March 12 and May 1, then on a regular basis between May 1 and the last of September. A third organizing representative, James Cogbill, who was a union shop steward at his regular place of employment, served as organizing representative from the first day of the strike to August 15, except for one week's absence during the second week of the strike. Pickets, though not the strikers generally, received strike benefits for performing their assigned duties of picketing in shifts of 4 hours each at Continental-Wirt and the three related plants. Picket captains were designated by the organizing representatives to be in direct charge of the pickets at the various locations. The following employees served as picket captains: Katie Lyons, Mirlon West, Lena Reed, Doris Fisher, Lillian Felder, Margaret Mancino, Roslyn Robinson, Mary Toohey and Joyce Maith.4 According to Organizing Representative Yeoman, he received instructions from union officials, which he transmitted to the pickets, that they were to conduct the strike in an orderly manner and not let themselves be provoked by people entering and leaving the plant. He repeated the instructions on several occasions as he felt such instructions were needed. Organizing Representative Cogbill testified that he told the pickets not to engage in physical violence but gave them no instructions as to what they should or should not say. Regardless, however, of what instructions may have been issued by top union officials and by the paid organizing representatives in overall charge of the picketing, the Union cannot escape responsibility for the numerous acts of strike violence and other misconduct participated in or led by the picket captains and other pickets assisting them and in some instances by an organizing representative himself. The organizing repre- sentatives were present during some of the unlawful conduct by the picket captains and they and the union officials must have been aware of such conduct because of the arrests and court findings in the injunction and contempt proceedings, yet no steps were taken to remove the picket captains from their positions of responsibility and no other effective steps were taken by the Union to bring about a cessation of the coercive strike misconduct. I find that the Union is responsible for the conduct of out, appears to contain an admission that Respondent Union had been committing other coercive acts, about which there had been testimony Kilkenny's conduct, moreover, tended to encourage other union adherents to use violence rather than peaceful means to achieve their lawful objectives 4 Four of these - Mancino, Reed, Lyons and Felder - also served as employee members of the Union's bargaining committee Another picket, those of its organizing representatives and picket captains who participated in the acts of restraint and coercion described below as well as for that of the pickets assisting them in the particular misconduct thus descnbed.5 2. The acts of restraint and coercion alleged and found The complaint charges the Union and its agent with engaging in acts of restraint and coercion by the following types of conduct: (a) by obstructing, blocking and preventing ingress and egress of employees and other persons to and from the plants; (b) by threatening employees and supervisors with violence and other reprisals if they crossed the picket lines or because they had crossed the picket lines; and (c) by following, lying in wait for, assaulting, striking, beating, throwing objects at, and committing other acts of violence against employees, supervisors and their automobiles and belongings if the supervisors or employees crossed, or because they crossed, the picket lines. There is credible evidence in the record to support these allegations. Three of the union agents, Organizing Repre- sentative George Dorsey and Picket Captains Lillian Felder and Roslyn Robinson, did not testify. Those who did testify, for the most part, categorically denied that they were at the sites of the alleged misconduct at the time it occurred or that any incident such as that testified about in fact occurred. In a few instances, a union witness admitted being present at or involved in some alleged incident but her version of the incident was such as to make her conduct appear blameless and that of the General Counsel's witnesses reprehensible. Counsel for the Union sought throughout the hearing to adduce evidence of alleged misconduct on the part of nonstriking employees and management representatives on the theory that such misconduct should reasonably be considered as having provoked and therefore excused misconduct on the part of union pickets and other union agents. The Union was permitted to adduce evidence of management and nonstriking employee misconduct where the perpetrators were identified and where union counsel assured the Trial Examiner that such evidence would be connected with alleged union misconduct in such a way as to show provocation for union misconduct. The Union, however, failed to show any connection between the alleged management and nonstriking employee misconduct and the acts of restraint and coercion engaged in by union agents. I shall not therefore attempt to resolve credibility issues or make any findings herein regarding the alleged misconduct attributed to management and nonstriking employees. In general I find the testimony of the General Counsel's witnesses more credible than that of the Union's. I shall not attempt herein to mention or make findings regarding all of James Solomon, though not a picket captain , also served on the Union's bargaining committee 5 Teamsters Local No 155, International Brotherhood of Teamsters (E J Lavino and Company), 157 NLRB 1637, 1642-43 and cases cited therein, Teamsters Local 783, International Brotherhood of Teamsters, (Coca-Cola Bottling Company of Louisville), 160 NLRB 1776, 1779 and cases cited therein LOCAL 115, TEAMSTERS the numerous incidents described in the record - in some instances because I am not satisfied that the identification of participants or union responsibility has been clearly established and in other instances because the misconduct was directed against management or supervisory personnel when employees were not shown to have been present or to have learned about the incident or because it is questiona- ble whether the misconduct restrained or coerced employ- ees within the meaning of Section 8(b)(l)(A) of the Act. Based upon a preponderance of the credible evidence, I find that Respondent Union, acting through its agents, engaged in the following acts of restraint and coercion of employees: (1) On the morning of March 19, cars driven by the Employer's executive vice president, Burton Lifson, and its assistant controller, Martin Mikelberg, and carrying seven office employees, were blocked from entering the Continen- tal-Wirt plant for about 45 minutes by pickets who stood in front of the entrance and refused to move. Union Organizing Representative George Dorsey, who was present and in charge of the pickets, finally told Lifson that he would permit the cars to enter if Lifson would return and talk to him. Lifson assured Dorsey that he would do so and he did return after the passengers were deposited inside the plant premises. Dorsey told Lifson that if he did not sign the union's contract, things would go very hard for him and his family, that his house would be picketed and that his very existence would be in jeopardy. The latter conversa- tion was presumably heard by the pickets who had just blocked Lifson's entry into the plant and Dorsey's threat against him would naturally tend to restrain the pickets from abandoning the strike and going through the picket lines to work.6 (2) On March 21, Dorsey parked his car across the driveway to the Continental-Wirt plant, blocking for about 45 minutes the exit of Burton Lifson's car, in which he was transporting office employees at quitting time. Dorsey removed his car only after the Police Labor Squad arrived. (3) On March 24, Dorsey and Picket Captains Mirlon West and Katie Lyons were present at about 10 a.m. when 10 or 15 pickets gathered around the car driven by William O'Shea, the Employer's engineer, blocked its entry into the plant and scratched paint from the surface of the car with a sharp instrument. When Burton Lifson sought to come to O'Shea's assistance, Mirlon West threatened to "beat [his] ass." Nonstriking employee John Singleton was present during the incident. O'Shea was able to enter the plant about 45 minutes later when the Police Labor Squad, which Lifson had called, arrived upon the scene.7 (4) On March 24, as the Employer's assistant controller, Martin Mikelberg, and two office employees, Doris Armstrong and Mary Jane Jackson, were returning from lunch, their entrance to the plant was blocked by five union pickets (including Picket Captains Katie Lyons and Lena 6 Teamsters, Local Union 327 (Hartman Luggage Co.), 173 NLRB No. 220. 7 The incidents described in the above three paragraphs are based upon the credited testimony of Burton Lifson . Dorsey did not testify. West denied that she had engaged in any of the misconduct attributed to her during the strike. 8 The above account is based principally upon the credited testimony of Jackson and in some respects upon the account given by Lyons. Lyons, however,ldenied that she had engaged in any of the strike misconduct 59 Reed) forming a line and holding each other's hands. Lyons told them, "Go home, you're not working. We're out of a job, so you're not working either." Mikelberg told the pickets, "You have no right stopping us from coming in ... you have to let us in." Mikelberg started to push his way in, with Jackson following him, but all three nonstrikers gave up an attempt to enter the plant until the Police Labor Squad arrived after Lyons punched Jackson twice in the chest.8 (5) On April 14, as Vice President Kalman Lifson attempted to leave the Keystone Control plant in Ambler by car, Picket Captain Lilliam Felder and another picket blocked his exit. He then asked them to please let him leave. Thereupon Felder picked up a large rock or brick and hit Lifson on the side of his head. A nonstriking employee of Keystone Control, Sandra Carr, and John LaRocca, who was in charge of maintenance and a member of the bargaining unit at Continental-Wirt, were present during this incident.9 (6) At about noon on April 15, as Burton Lifson sought to drive his car with employee passengers out of the Continental-Wirt plant, his passage was blocked by Union Organizing Representative Dorsey and Picket Captain West until the Police Labor Squad arrived about a half hour later. (Credited testimony of Burton Lifson.) (7) On April 17, the first day on which any of the production employees returned to work, they were met by management representatives at the nearby police station and escorted to the plant in caravans of cars. Their entrance to the plant was blocked by 17 pickets (including Picket Captains Robinson, Toohey and Mancino), for about an hour until the police Labor Squad arrived. Some of the pickets pounded on Burton Lifson's car with sticks or clubs. Again as the caravan of cars full of employees sought to leave the afternoon, they were blocked by pickets, this time by 35 to 45 pickets, until the Labor Squad came to their assistance. One of the picket captains, Lillian Felder, threatened to kill employee Geraldine Gregory who was riding in one of the cars. Another picket captain, Roslyn Robinson, stood with a board or broom handle in her hand and beat upon the of one of the cars until arrested by Police Officer Daly. Picket James Solomon, a member of the Union's bargaining committee, stood in the center of the driveway with twigs in his hand. Union Organizing Representative Dorsey was present during this blocking of the caravan of cars.10 (8) At about 7:10 a.m. on May 14, employee Betty Vale, received a telephone call from Katie Lyons in which Lyons told Vale that she had better not go to work if she knew what was good for her. Vale insisted that she was going anyway. About 10 minutes later, as Vale was waiting on her front porch for Burton Lifson to pick her up and transport her to work, Lyons, in the company of Union Organizing attributed to her. 9 The above account is based upon the credited account of Kalman Lifson. Felder did not testify. 10 The findings in the above paragraph are based upon the composite and credited testimony of Burton Lifson, Geraldine Gregory, Catherine Callahan and Police Officer Daly. Although Lyons was identified by Gregory as one of the pickets blocking the entrance that morning, I accept Reed's and Lyons' testimony that both were at Ambler that morning. 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Representatives Yeoman and Cogbill and Picket Captain Doris Fisher and another striker, approached Vale's home. Lyons came to the steps of Vale's porch, as the others waited for her across the street, and told Vale that if she knew what was good for her, she had better not go to work. Vale replied that she had five children to support. Thereupon Lyons warned her: "After tonight you won't be supporting them." The group left after Vale told them that she had called the police. The above findings are based upon Vale's credited testimony. A few minutes later Burton Lifson picked up Vale, then proceeded to the home of another employee, Catherine Callahan. After Callahan got into Lifson's car, Katie Lyons and Doris Fisher came over to the car. Lyons asked Lifson for a ride and reached into the car towards the keys and Fisher pounded on the rear quarter panel of the car. Both told the employees in the car that they had better not go to work and warned, "We're going to get you." The above findings are based upon the mutually corroborative testimony of Burton Lifson, Vale and Callahan. (9) At about 11 p.m. on May 14, as employee Catherine Bathurst, who worked on the night shift at Industrial Enterprise in Foxchase, was leaving the plant with her supervisor, Bob Reed, Bathurst was set upon and beaten by at least two of four women who appeared to have been lying in wait for her and Reed. As a result of the assault several stitches were required on Bathurst's head wound and she missed a number of days from work. Bathurst identified Katie Lyons as one of her assailants. According to Bathurst, 2 days prior thereto when she was reporting for work, the same person who hit her on her left temple on the night of May 14, but whose name Bathurst did not learn until several weeks later, yelled at her from the top of the steps to the plant (about 80 feet away) that she was going to meet Bathurst on the top of the steps on the next day and wanted to talk to her; Lyons then raised her fist and said she was going to "get" Bathurst. Lyons was not there the next day as Bathurst came to work and she did not see Lyons again until the night of the assault upon her. According to Bathurst, the street lights were behind the four assailants until Lyons turned sideways and the light shone on the side of her face just before she hit Bathurst. Bathurst did not see Lyons again until several weeks later when, at a court injunction hearing at which all the pickets were present, Bathurst pointed out to Kalman Lifson the picket who had struck her in the left temple. Bathurst was later informed that the name of this picket was Katie Lyons and while testifying she correctly identified Lyons in the hearing room. Shortly after Bathurst returned to work following the assault upon her, one of several pickets in a group which included Picket Captain Mary Toohey, called Bathurst a "scab" and threatened, "We are going to get you again." I am persuaded and find, despite Lyons' denial that she participated in the May 14 assault, that she in fact did so, as Bathurst credibly testified. I am also convinced from the later statement of one of the pickets in the group picketing the Foxchase plant that the pickets were identifying 11 It may well be, as Yeoman testified that he had not set out to follow Lifson's car on that occasion, but that, upon observing it, he instructed Felder to get out at the red light and see who the passengers were themselves with and adopting responsibility for the May 14 assault as union action against Bathurst for working as a "scab." (10) At about 4:30 p.m. on May 16, as Burton Lifson left the plant with seven employees (some of whom were wearing masks to conceal their identity) he became aware of another car driven by Union Organizing Representative Yeoman and containing Cogbill, Lyons, West, Martha Reed and Felder behind him. At one point when Lifson stopped for a red light, Felder got out of the car behind him and ran toward his car carrying a knife about 6 inches long. Lifson's passengers in the back seat yelled, "She is after us with a knife." As Felder bent downward at the rear of his car, Lifson, believing that a tire of his car was about to be slashed, drove through the red light and to the nearest police station, where he obtained the services of Police Labor Squad Officers Wilson and Perry to escort his car as he delivered his passengers." Thereafter, as Lifson delivered Callahan to a point near her home, Lyons, Felder, West and Reed ran toward the car from the opposite side of the street. When they were about 10 feet from Lifson's car, the police officers got out of their squad car. Thereupon Lyons yelled, "Oh, hell, he's got the Labor Squad with him," and the pickets turned and ran to the station wagon being driven by Yeoman. The findings in this paragraph are based upon the mutually corroborative and credited testimony of Burton Lifson, Callahan and Officer Wilson. (11) At noon on May 21, as Plant Engineer O'Shea and employee Singleton were returning to the plant with their arms full of sandwiches and dunks for fellow workers at the plant, they were met by Picket Captains Katie Lyons and Mirlon West and three other strikers, including Grace Welsh. O'Shea greeted them with, "Hi, ladies." Thereupon, Lyons and West, followed by the other women, started laughing and pulling sandwiches and drinks from the containers O'Shea and Singleton were carrying. Welsh poured a container of tomato juice on Singleton. West attempted unsuccessfully to pull off O'Shea's sunglasses and cursed and shoved him. O'Shea and Singleton, after protesting and attempting to move on, pulled out tear gas pens which they pointed at the women. The women then retreated temporarily. At that point Union Organizing Representative Cogbill arrived upon the scene and, with a hand in his pocket, asked what was going on and told O'Shea to go ahead and use the tear gas pencil. O'Shea replied that he would if he had to. Cogbill gave Singleton a shove and two of the strikers joined in pushing or shoving O'Shea and Singleton as they backed away toward the plant. Cogbill and the strikers left when they were about a fourth of a block from the plant. The above findings are based principally upon the credited testimony of O'Shea, who impressed me as a reliable witness. The testimony of Coghill, Lyons, West and Welsh is credited only insofar as it is consistent with O'Shea's. (12) At about 8 a.m. on June 3 Picket Captains West, Robinson, Lyons and Fisher and two other pickets blocked the Green Street driveway to the plant, preventing the entry of Burton Lifson and six or seven employee passengers in Nevertheless, I am convinced that Felder did have a knife in her hand and did bend down toward the rear of Lifson' s car in the manner described by Lifson and Callahan. Felder did not testify LOCAL 115, TEAMSTERS 61 his car until two Labor Squad policemen arrived and removed the pickets from the driveway. (Credited testimo- ny of Troiano.) (13) On the afternoon of the same day as office employee Mary Jane Jackson was about to enter her home after returning from work, Mirlon West in a car driven by Cogbill, yelled out, "Okay, Janie Jackson, I got your address, 4310 Wayne Avenue. I'm going to get you." Similar threats were made to Jackson by Katie Lyons on a number of occasions between mid-September and mid- November as Jackson was being transported to work in O'Shea's car Typical of these threats were: "We are going to mess up your pretty face one of these days," "Maybe not this time but we'll get you next time," or "I'm going to beat you up " (Credited testimony of O'Shea and Jackson.) (14) On another occasion in June as employee Mary Jane Jackson was being transported out of the plant in a car driven by one of the sales managers, Joe Puriskey, Picket Captains Mirlon West and Mary Toohey threw a brick at the car, the one thrown by West hitting the car. (Credited testimony of Jackson.) (15) At about 8 a.m. on June 18 as Burton Lifson and office employee Don Murdock were attempting to transport employees into the plant, their cars were blocked at the Green Street entrance for about 45 minuted by Picket I Captains Lena Reed and Margaret Mancino and four other pickets standing in front of the cars When Court Observer Troiano requested the pickets to step aside, one of the pickets, Welsh, replied: "The only way these scabs are getting in is with a police escort." They in fact moved only after the Police Labor Squad arrived. (Credited testimony of Troiano.) (16) During the week of July 13 rocks were thrown through the open double door facing the driveway into the second floor of the plant. Employees Vale and Grace ran to a window to see where the rocks were coming from. Grace observed Lyons throw another rock and Vale observed Feldei throw two more rocks into the building. (Credited testimony of Vale and Grace.) (17) On July 22 at about 4:30 p.m. as employees were leaving the I plant in cars driven by supervisory personnel, several of the picket captains (West, Lyons, Fisher and Robinson) attacked the cars and sought to pull the outside mirrors off the cars. Fisher succeeded in pulling the mirror off the car driven by Al Harris; Lyons and West chased Puriskey's car up the street and attempted unsuccessfully to pull its mirror off; and Lyons twisted but was unable to pull the mirror off Burton Lifson's car. (Credited testimony of Court Observer Haines.) (18) On July 29 at about 4:30 p.m. as Burton Lifson was leaving the plant in a car loaded with employees, the left front lire of the car was hit by a bottle hurled by Mirlon West. (Credited testimony of Burton Lifson.) (19) On August 1 at about 4:35 p.m. as Kalman Lifson was leaving the plant with several employees, including Catherine Callahan, in his car, Doris Fisher came out from 12 Earlier that morning before the pickets had arrived, Burton Lifson had transported one car load of employees into the plant premises, then left to pick up a second load As he drove into the plant driveway with the second load, West and Lyons jumped on the hood of his car West got off as the car approached the front of the plant building but Lyons stayed on the hood until he reached the parking area in the rear of the plant I do not behind a tree and hurled a rock at and broke the windshield of the car. Soon thereafter, as Lifson was waiting to make a report to the police about the incident, Lyons and West came up to the car. West loosened the side mirror to the car and Lyons pounded on the side of the car, then reached inside and pulled Callahan's hair. (Credited testimony of Kalman Lifson and Catherine Callahan.) (20) In mid or late August while Vale and several other employees were having their lunchbreak near the rear door of the plant and the parking lot, Mirlon West appeared from the Queen Lane entrance to the plant and started throwing rocks and a bottle. She broke the rear view mirror on one of the cars. (Credited testimony of Vale.) (21) In mid or late August at about 10:30 a.m. as Plant Engineer O'Shea was leaving Industrial Enterprises at Foxchase, Lyons and West blocked his exit and com- menced pounding on his car with bucks or rocks as West shouted, "This time we are going to get you good." Lyons shattered the entire right side of the windshield. West shattered the outside mirror, then pounded and shattered the left side of the windshield immediately in front of O'Shea Pieces of glass flew back and hit O'Shea in his face and hair, one piece lodging in one of his eyes. A number of employees witnessed the incident. (Credited testimony of O'Shea.) (22) On the morning of September 26, when as a result of Golda Meir's visit to Philadelphia, the Police Labor Squad was not present at the entrance to the Continental-Wirt plant, the pickets, including West and Lyons, sought to block the entrance of employees going to work. Sales Manager Cohen, carrying a car full of employees, gave up after about 15 minutes and backed away after being blocked by West, Lyons and six or seven other pickets. Thereupon O'Shea, with another car full of employees, decided to and did gradually inch his way in, forcing the pickets to move out of the car's way. As he did so, West grabbed the side view mirror of his car and smashed it. (Credited testimony of O'Shea.) 12 CONCLUSIONS OF LAW 1. The Union has restrained and coerced employees in the exercise of their rights guaranteed under Section 7 of the Act, in violation of Section 8(b)(1)(A) of the Act, by the following acts and conduct: (a) By obstructing, blocking and preventing ingress and egress of employees and other persons to and from the plants of Continental-Wirt Electronics Corporation in Philadelphia, Keystone Control Company in Ambler and Industrial Enterprises Company in Foxchase. (b) By threatening employees and supervisors with violence and other reprisals if they cross the picket lines or because they crossed the picket lines at said plants; and (c) By following in a threatening manner, lying in wait for, assaulting, striking, beating and throwing objects at employees and supervisors and their cars and plant base any unfair labor practice finding upon this incident both because of some doubt in my mind as to whether Lyons and West may have felt it advisable to ride the hood in order to avoid the danger of being hit by Lifson's car and also because, in any event, I doubt that their conduct amounted to restraint and coercion within the meaning of the Act 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD property, because the employees and supervisors crossed or attempted to cross the Union's picket lines at said plants. 2. The aforesaid unfair labor practices affect commerce within the meaning of Section 2(6) and (7) of the Act. THE REMEDY It having been found that Respondent Union has engaged in violations of Section 8(b)(1)(A) of the Act, my Recommended Order will require that it cease and desist therefrom and take certain affirmative action necessary to effectuate the policies of the Act. RECOMMENDED ORDER Upon the basis of the foregoing findings of fact and conclusions of law and the entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, it is hereby ordered that the Respondent, Local 115, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, its officers, agents, representatives, successors, 1 and assigns, shall: 1. Cease and desist from: (a) Restraining or coercing employees of Continental- Wirt Electronics Corporation, Keystone Control Company and Industrial Enterprises Company, in Philadelphia, Ambler and Foxchase, Pennsylvania, respectively, (1) by obstructing, blocking and preventing ingress and egress of employees and other persons to and from the plants of said Employers; (2) by threatening employees and supervisors with violence or other reprisals if they cross Respondent Union's picket lines or because they have crossed said picket lines at said plants; and (3) by following in a threatening manner, lying in wait for, assaulting, striking, beating and throwing objects at employees and supervisors and their cars and plant property because the employees and supervisors have crossed or attempted to cross Respondent Union's picket lines at said plants. (b) In any like or related manner restraining or coercing employees in the exercise of their rights guaranteed under Section 7 of the Act. 2. Take the following affirmative action found necessar- y to effectuate the policies of the Act: (a) Post in conspicuous places at its business office, meeting hall, and other places where it customarily posts notices to its members, signed copies of the attached notice marked "Appendix." 13 Copies of said notice on forms provided by the Regional Director for Region 4, after being duly signed by an authorized representative, shall be posted by the Respondent Union immediately upon receipt thereof, and be maintained by it for a period of 60 consecutive days thereafter, in conspicuous places, includ- ing all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondent Union to insure that said notices are not altered, defaced, or covered by any other material. (b) Mail to the Regional Director for Region 4, signed copies of the attached notice for posting by Continental- Wirt Electronics Corporation, Keystone Control Company and Industrial Enterprises Company, if they are willing, in places where notices to their employees are customarily posted. Copies of said notice to be furnished by the Regional Director, shall, after being signed by the Respondent Union as indicated, be forthwith returned for disposition by him. (c) Notify the Regional Director for Region 4, in writing, within 20 days from the receipt of this decision what steps have been taken to comply herewith.14 13 In the event that no exceptions are filed as provided in Section 102 46 of the Rules and Regulations of the National Labor Relations Board, the findings, conclusions, recommendations, and Recommended Order herein shall, as provided in Section 10248 of the Rules and Regulations, be adopted by the Board and become its findings , conclusions, and order, and all objections thereto shall be deemed waived for all purposes In the event that the Board's Order is enforced by a Judgment of a 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 a United States Court of Appeals Enforcing an Order of the National Labor Relations Board " 14 In the event that this Recommended Order is adopted by the Board, this provision shall be modified to read' "Notify said Regional Director, in writing, within 10 days from the date of this Order, what steps have been taken to comply herewith " APPENDIX NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government Section 7 of the National Labor Relations Act guarantees all employees the right to join and assist labor unions and also the right, with certain exceptions, to from joining and assisting labor unions, and to refrain from participating in union activities, including strikes. WE WILL NOT restrain or coerce employees of Continental-Wirt Electronics Corporation in Philadel- phia, Keystone Control Company in Ambler, or Industrial Enterprises Company in Foxchase, in the exercise of their Section 7 rights. More specifically: WE WILL NOT obstruct, block, or prevent ingress or egress of employees and other persons to and from said plants. WE WILL NOT threaten employees or supervisors with violence or other reprisals if they cross or because they crossed the picket lines at said plants. WE WILL NOT follow in a threatening manner, lie in wait for, assault, beat, or throw objects at employees or supervisors or their cars or plant property because the employees or supervisors have crossed or attempted to cross the picket lines at said plants. WE WILL NOT in any like or related manner restrain or coerce employees in the exercise of their rights under the National Labor Relations Act. LOCAL 115, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA (Labor Organization) Dated By LOCAL 115, TEAMSTERS 63 (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, 1700 Bankers Securities Building, Walnut & Juniper Streets, Philadelphia, Pennsylvania 19107 Telephone 215-597-7601.