United Steelworkers of America

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)