Teamsters, Local 327

422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local Union No. 327, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Whale, Inc. and Richey Electronics , Inc. Cases 26-CB-475 and 26-CB-41/6 September 16. 1969 DECISION AND ORDER BY MFMBERS FANNING, BROWN, AND JENKINS On June 16, 1969, Trial Examiner Ivar H. Peterson issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the General Counsel and Respondent filed exceptions to the Trial Examiner's Decision and supporting briefs. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act. as amended, the National Labor Relations Board has delegated its powers in connection with these cases 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, briefs, and the entire record in these cases, and hereby adopts the findings. conclusions, and recommendations of the Trial Examiner with the following modifications.' ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the Recommended Order of the Trial Examiner, as 'The General Counsel has excepted to the Trial Examiner's failure to recommend issuance of a broad order which would restrain Respondent from "in any other manner" engaging in conduct violative of Sec 8(b)(1)(A), and by failing to conform the Notice to the Recommended Order We find merit in these exceptions Like the rrial Examiner, we take official notice of the Respondent 's (and its agents') proclivity to engage in mass picketing, picket line violence, and threats of violence as demonstrated by Respondents pattern of conduct in Teamsters, Chauffeurs, Helpers and Taxicab Drivers. Local Union 327 ( Hartmann Luggage Companv'). 173 NLRB No. 220, and other cases cited therein, as well as its conduct herein, which included damage to company property by throwing rocks and firebombs into the building , breaking down doors and shooting bullets into the building in view of this and past conduct, we believe a broad order is warranted We will accordingly conform the Notice to reflect the Trial Examiner's Recommended Order as modified by our changes and additions Local 612. International Brotherhood of Teamsters Chauffeurs , Warehousemen and Helpers of America ( Denton Truck Line, Inc ), 146 NLRB 498, United Steelworkers of America, AFL-CIO ( Wright Line Divis,on of Barrv Wright Corporation), 146 NLRB 71 modified herein, and hereby orders that Respondent, Teamsters , Chauffeurs. Helpers and Taxicab Drivers, Local Union No . 327, affiliated with International Brotherhood of' Teamsters, Chauffeurs, Warehousemen and Helpers of America. Nashville, Tennessee, its officers, agents, and representatives. shall take the action set forth in the Trial Examiner's Recommended Order, as herein modified. 1. Delete from paragraph 1 of the Recommended Order the phrases "within its territorial jurisdiction" and "in any like or similar manner" and substitute for the latter phrase the words "in any other manner." 2. Viodil'y the first indented paragraph of the Appendix to read' WE WILL NOT by mass picketing or otherwise block ingress and egress of employees at the premises of Whale, Inc.. Richey Electronics. Inc., and Wagoner Corporation. or an} other employer; cause or threaten to cause physical harm to employees; or cause or threaten to cause damage to the property of said companies, or any other employers, or their employees. 3. Modify the second indented paragraph of the Appendix to read as follows: WF WIIi. NOT in any other manner restrain or coerce employees of Whale, Inc., Richey Electronics, Inc.. and Wagoner Corporation, or the employees of any other employer in the exercise of the rights guaranteed them by Section 7 of the Act. TRIAL EXAMINER'S DECISION SfATEMFNr OE THE CASE Iv AR H. PFrFRSO\,Trial Examiner: The complaint in the present consolidated cases was issued on April 11. 1969, and amended on April 21, against Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local Union No 327, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called the Respondent, upon charges and amended charges filed by Whale, Inc., and Richey Electronics, Inc , herein called Whale and Richey, respectively ' Briefly stated, the complaint as further amended at the opening of the hearing. alleged that the Respondent Union, its officials and agents and members. in the course of picketing the premises of the companies. engaged in mass picketing, blocking ingress to and egress from the plants, causing and threatening to inflict bodily harm to supervisors and employees, and committing and threatening to commit acts of violence against persons and property , all in violation of Section 8(b)(I)(A) of the Act In its answer duly filed, the Respondent denied the commission of any unfair labor practices. Pursuant to notice, I conducted a hearing in Nashville, Tennessee, on May 6, 7. and 8, 1969.2 All parties were represented by counsel and participated in the hearing. 'The charge in Case 26-CB-475 was filed on March 7, 1969, as was the charge in Case 26-CB-476, amended charges in each case were filed on April 11 'Unless otherwise indicated all dates refer to the Year 1969 178 NLRB No. 65 TEAMSTERS. LOCAL 327 423 Helpful briefs were filed by the General Counsel and the Respondent on June 9. Upon the entire record in the case. and from niy observation of the witnesses and their demeanor, I make the following: FINDINGS OF FACT 1. 1 HE BUSINESS OF THE COMPANIES Whale is a Tennessee corporation which was engaged prior to February 21 in the manufacture of electrolytic capacitors at its plant in Nashville, Tennessee. Richey. a subsidiary of Whale and likewise a Tennessee corporation, engaged in the manulacture of electrolytic capacitors at its Nashville and Fairview, Tennessee. plants During the past 12 months each of the companies in the course and conduct of its business operations, sold and shipped products valued in excess of 550,000 directly to points located outside the State of Tennessee During the same period Whale purchased materials valued in excess of $50.000 directly from suppliers located outside the State of Tennessee. Temco Incorporated. is a wholly owned subsidiary of Whale and has a place of business in Nashville where it is engaged in the manufacture of heating and air-conditioning equipment. as well as ordinance and ammunition for the United States Department of Defense Wagoner Corporation is a subsidiary of Temco and a corporation doing business in Tennessee, principally at Nashville. It is engaged in the manufacture of residential and commercial water heaters. During the past 12 months both Temco and Wagoner manufactured and shipped products valued in excess of $50,000 directly to points located outside the State of Tennessee I find that Whale, Richey, Temco, and Wagoner are employers engaged in commerce within the meaning of Section 2(6) and (7) of the Act. II HIE LABOR ORGANIZATION INVOLVED Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local Union No. 327, affiliated with the 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 LNl AIR LABOR PRACTICE'S A Background and Iscuec In September 1968 the Respondent Union, following a Board-conducted election, was certified as the exclusive collective-bargaining representative of the employees of Whale Thereafter negotiations were held and the terms of a contract were agreed upon. but no agreement was executed. The Union struck the Whale plant on February 19. Some time in December 1968 the management of Whale decided that the plant should he phased out as it was too unprofitable Prior thereto, in July 1968, Whale had purchased the Richey Company which had a plant in Nashville and was constructing one in Fairview, a town some 15 miles from Nashville. Following the sale of the Richey Company to Whale the Richey plant in Nashville was closed and equipment moved to the new plant at Fairview When the strike occurred on February 19 and the Whale plant was picketed, Whale attempted to continue operations with 12 or 15 employees but with little success Operations began at the Richey Fairview plant about February 20 and pickets appeared at that location on February 26. Picketing continued at both the Whale and Richey plants until some time in March. Throughout the picketing William L. (Corky) Ellis, secretary-treasurer o1 the Respondent. was in charge of the pickets, when he was not actively overseeing picketing activities, his associate, David Flodgin, a business representative of the Respondent. was in charge. Whale employees, members of the Union, and other nonemployees, conducted most of the picketing and engaged in the various incidents allegedly constituting violations of the Act. On many occasions, as will appear, Ellis and/or Hodgin were present and. on occasion, participated in the incidents. The issues here are primarily factual, although with respect to some incidents both Ellis and Hodgin admit to active participation. Aside from the question of Respondent's responsibility for the events which occurred. a further legal issue concerns the breadth of the remedial order to be recommended. General Counsel urges that a broad order he issued, a suggestion which is resisted by the Respondent B. Incidents at the Whale Plant Picketing began at the Whale plant on February 19. Between then and February 22. a Saturday, there was no evidence of violence or other trouble except that there was the usual amount of loud talk, cat calling and cursing. The first sign of violence occurred Saturday night, February 22. When Royce Richey, president of Richey, went to the plant on Sunday morning he found that the windows were all knocked out and his small car was turned over and the door was knocked out of the plant Also three firebombs had been thrown into the plant charring the floor When he arrived there union officials Ellis and Hodgin, as well as two pickets, Frances Williams and Marie Turner, were present During the afternoon of February 22 employees Vestal Carmack and Floyd Ozment had occasion to go together from the Richey plant to the Whale plant. As they arrived Ellis and several pickets were sitting in a parked car which they then left. With him were pickets Beverly Hamilton and Liza Lee. Pickets were lined up at the driveway. As Carmack made the turn from the driveway to get on the street he heard a loud bang on the hack of his car Ozment, riding as a passenger, credibly testified that he saw Ellis reach down to the ground, pick up a rock and throw it at the car. Raymond Gregory, the materials control manager for Richey, drove to the Whale plant on the morning of March 6. He was stopped by Business Representative Hodgin who stood in front of his car and said that if he attempted to go into the plant he would "knock your god-damn brains out." Hodgin repeated this several times. Arriving at the parking lot Gregory got out of the car and discovered that Hodgin was standing directly in front of him continuing to curse and tell him that he would knock his brains out. Vestal Carmack was at the Whale plant that morning. Two cars had pulled up in front of him, one containing Melvin Robertson who had brought his wile and two other women to work After the women got out of the car they could not find the proper key to open the door. At about this time Carmack pulled up and another car came in directly behind him Carmack got the female 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees through the door and then called the police to report that someone was blocking Robertson from leaving. He recognized Hodgin, who was out of his car standing along side it As Carmack went out the plant entrance he noticed Hodgin blocking Gregory who was coming up the entry way. Hodgm stood in front of Gregory's car and then went to the side window and spoke to Gregory As Gregory pulled into the parking place next to the building Hodgin followed him. Carmack told Hodgin that he was on company property and therefore would appreciate it if he would leave. Hodgm challenged Carmack to make him leave and then followed Gregory up the steps to the plant saving that he would beat his brains out. Patrol cars came about this time and Hodgin went back to the street. Carmack and Gregory obtained the license number of the car blocking Gregory's automobile and upon checking were advised that it was registered to Ellis. On the afternoon of March 11 Gregory started to leave the Whale plant and discovered that the cars of the pickets were parked parallel in front of the plant so that it was quite difficult to manuever between them. A picket, Edden Bigbe, was standing directly in front of Gregory's car. As he departed he could see through the rear view mirror some female pickets coming towards his car running with picket signs in their hands. He recognized two of them as Bigbe and Louise Hendrick The latter "was banging the car" with the picket sign, on the left side and Bigbe was pounding it on the right side She hit the windshield with her picket sign and the handle broke off and the sign staved there. Employee Carmack witnessed this incident and related that Bigbe and Hendrick, both of them Whale employees, jumped in front of Gregory's car and blocked him and that one of the women swung a picket sign and broke the window C. Incidents at the Richey Plant Picketing began at the Richey plant in Fairview on February 26. That morning employees were prevented from going into the plant and thereupon retreated to the Southland Cafe in Fairview. Shortly thereafter President Richey and two of his engineers got the employees to form a convoy and attempt to enter the plant. However, Richey and the other occupants of the lead car which belonged to Carmack, were the only ones successful in entering the plant. Their entry was blocked for some moments by pickets who stood in front of the automobile making it necessary for the driver to inch forward slowly Wayne Keith, whose wife works at Richey, testified that he and two other men were in a truck following Richey and his companions into the plant on February 26 After the lead car containing Richey had passed the picket line pickets began beating on the truck and throwing rocks, and also broke two of their picket signs. According to Keith. Ellis, and Hodgin were there at the time, and Hodgins hit a Mr Jones, the operatior of the Southland Cafe who was in the truck, in the javv with his fist. The first occasion that Wilson Sims, one of the attorneys for the Company, went to the Richey plant after the strike began was on March 4. Pinkerton operatives took pictures of the extensive damage done to the plant at that time. As they were leaving the premises Sims heard a thud on the right rear of his automobile. Russell Morris, one of Sims' associates, was with Sims as were Richey and a Mrs Allen, a Richey employee and the two Pinkerton operatives. According to Morris, the car was stopped initially for a few moments and then Ellis, who was present. advised the other pickets on the scene to let the automobile enter. After remaining in the plant for approximately an hour they proceeded down the driveway and were blocked by three or four pickets. Ellis was on the scene at the time. As they moved on, pickets beat on the automobile with their hands and threw rocks at it, making a loud noise in the right rear. Carr, one of the Pinkerton operatives, testified credibly that he saw the car hit by a rock thrown by one Louise Wiser. Dorothy Curtis, a Richey employee, credibly testified that on March 5 as she was approaching the plant in her car she noticed the pickets on the highway opposite the entry to the plant. As her car approached and began to turn in the pickets came running across the highway. Curtis recognized one person, Juanita Mills. and stopped her car to ask Mills if it was all right to come through the picket line. With profanity, Mills said no and called Curtis an obscene name. At this point Richey came out of the plant and motioned for the car to proceed but the pickets initially refused to move. As she went by someone threw a rock which hit the car window and others beat on the back of the car. Cerese Innman, a Richey employee, entered the plant entrance on the same day and was detained by an unidentified man standing in front of her car and by two women lying in the driveway. Someone beat on her car and, as she went through the picket line, an unidentified man continued to beat on the car with the result that the automobile had dents in it. On March 6 a sizeable congregation of pickets was at the cast entrance to the Richey plant, which was the entrance where the pickets customarily stationed themselves and which was used by employees to gain access to the plant. On that day the employees proceeded in a convoy from the Southland Cafe. Sticks and pipes were in evidence on this occasion and upon failing to gain access to the plant it was decided not to enter. According to Richey, Ellis was present on the picket line that day. Ellis, however. testified that on March 6 and 7 he was in Birmingham, Alabama and that he had motel receipts to substantiate his account. The report of George Neely, a security guard who worked from 9:30 to 7 a.m. March 6. states that it was quiet during the night of March 5 However, when the pickets arrived at approximately 5 o'clock, they started throwing rocks and at 5:30 broke glass out of doors and windows Neely noted two cars' license numbers (AM 2775 and SS 6781) The former automobile, a 1968 Chevrolet. was registered in the name of James M. Stiles, of Nashville There is no record of the registrant of the other automobile. Further, according to the report of guard Neely, one picket the morning of March 6 threw a smoke bomb in the door of the plant and Neely's own automobile was hit by rocks On March 7 most of the employees were able to enter the plant. H. C. Smith, the plant manager, testified that as he pulled into the picket line a man by the name of Dan Foster got in front of his car and later had an iron bar in his hands which is plainly visible in a photograph taken of the scene. Foster laid the bar over Smith's car hood and appeared to be ready to start beating on the hood Smith, who had a gun lying on the seat of the car. drew the gun and told Foster not to commit any damage. Foster then stepped back and Smith entered and. at the request of Attorney Sims who was in the plant, surrendered the gun On March 10 both driveways to the plant were completely blocked, there was considerable rock throwing and several automobiles were damaged. As related by TEAMSTERS , LOCAL 327 425 Attorney Morris, he, Richey, and a group of some 50 or 60 employees met at the Southland Cafe with the object of trying to enter the plant. Ten or 12 cars were assigned to convey the workers from the cafe to the plant. Morris and Richey. with five female passengers , led the procession toward the plant being immediately followed by the vehicle containing the two Pinkerton photographers As they turned across the highway toward the driveway they were stopped by pickets congregated across the driveway The entire convoy was stopped and, according to Morris, he heard the breaking of glass and throwing of rocks behind him and observed that cars were being beaten, windows in them being smashed by rocks and that one woman was arrested as she was throwing a rock at the third car in line. Dorothy Curtis, whose car was sixth or seventh in line, testified that the cars remained on the highway until about 11 o'clock when the patrolmen finally succeeded in arranging for the cars to get off the road. She testified that the employees in their cars "took our turns of blocking the driveway so that they [the pickets] would have to stand out in the cold all day.'' As she was sitting in her car in the driveway she had an encounter with Ellis. He was standing near her car when she told him that she needed to go to the restroom. Thereupon, according to Curtis, Ellis "patted his pocket . . . and he pulled the flap up and he told me he had something right there for me if I got out and went in." Curtis saw the handle of a pistol but did not see the entire gun. Jo Page, a passenger in Curtis' car, saw this incident and testified in corroboration of Curtis.' Shortly thereafter Curtis noticed that Ellis was poking with a stick at the back tire of her car According to Curtis, Ellis was "raking nails and tacks that they had in the driveway up under my tire." When Curtis told Ellis "not to fool with my tire" Ellis replied that he would not and that he would clean out the tacks and then started raking them back away from her tire Geraldine Waller. a passenger in Mrs Curtis' car, testified that pickets Juanita Mills and Dan Foster were in front of the Curtis car and that two unknown female pickets struck Mrs Curtis' automobile with sticks. Betty Furlow testified that on the morning of March 10 the Curtis car in which she was riding was damaged as they pulled into the plant driveway. Mrs. Innman testified that on March 10 the employees were unable to get into the plant as there was so many pickets on both driveways and that her automobile had rocks thrown at it and the windshield broken It was on this date that Mrs. Innman was arrested for having a gun in her possession.' Plant Manager Smith testified that on March 10 the windshield in his car was broken by pickets Pauline Murrell and Marie Turner. In total, a little over $300 worth of damage was done to his car on that occasion. It was also on this day that five women pickets were arrested for throwing rocks. Attorney Sims related that he visited the plant, driving there in his own car unaccompanied by employees, on March 11. There was a rather large crowd in the area of the east driveway, some 10 or 15 people standing around and others seated in automobiles. He went to the west entrance where there were only one or two pickets. He 'Ellis denied that he carried a pistol, and testified he jokingly offered Curtis the use of a "dry pocket " I credit Curtis and Page She testified that her husband had given her the gun at Christmas in order to protect herself following an incident where she had been accosted by two men one evening . She further testified that she kept the gun in the house most of the time except when she had to leave her home before daybreak when she would take it with her in her car She denied that she was pointing the gun at anyone on March 10 turned around, went up to the plant and then came back again to the Southland Cafe. When he arrived he had a flat tire, it having been punctured when he was in the west driveway. Thereafter employees approached the picket line behind the car with the photographers. Police officers were there and told the employees that they should keep at least one lane of traffic on the highway clear and allowed the first three to enter the east entrance abreast Pickets stood in front of them and stopped them, as clearly shown by photographs in evidence as well as motion pictures that were taken at the time. Among those blocking the cars were pickets Frances Williams and Ruby Hall. Hall had a rock in her hand and threw it at the windshield of the car on the extreme right of the three cars that were abreast. At the time Ellis was there standing near the fire at the east side of the east driveway. He came to the vicinity of the three cars with a stick in his hand. As the car in the middle, occupied by Mrs. Curtis and others, attempted to inch forward Ellis and Williams took a position in front of it and put their stomachs up against the radiator. Suddenly Ellis took the stick which he had in his right hand and slammed it across the windshield and shattered the glass. breaking the stick. However, he continued to strike the windshield. According to Sims, Ellis jumped on the radiator of the car and with the heel of his hand struck the windshield several times. Police eventually took Ellis into custody. Mrs Curtis testified that her car was the middle of the three that were situated abreast in the driveway and that Beverly Hamilton stood in front of her car preventing her from proceeding further. Hall picked up a rock and threw it at the windshield of her car as depicted in an exhibit (GC-37-4). Shortly thereafter the car next to Mrs. Curtis moved and Ellis turned around and with his stick beat it over her car windshield and later shoved his fist through the side window of her car Also on March 11 the automobile of Betty Furlow was blocked by Williams and Ellis Both Williams and Ellis rained blows on the car with a picket sign and a stick. In doing so Ellis broke the stick but smashed in the windshield causing glass to scatter on the inside of the car.` D. Incident at the Wagoner Plant At the Wagoner plant, the Respondent Local 327 is the collective-bargaining representative. Some other union, not identified in the record, represents employees at Temco. Don Stanley, an employee of Temco, occupying the position of traffic manager, was at the Wagoner plant on March 28 performing his normal duties, having arrived there at approximately 5:45 in the morning. About 8 o'clock he left to take care of some paper work at the Temco plant and observed four individuals standing out in front of the main gate carrying picket signs Later in the afternoon he returned and observed about 15 pickets milling around in front of the truck gate. They started throwing pieces of angle iron, rocks and other debris with the result that one of the objects hit him on the hand. He identified Robert Bartlett and Melvin Putt as two of the persons involved in this incident, both employees of Wagoner. After Stanley drove his truck through the gate Wagoner employee Alton Howell came from across the street where he had his car parked and said a few words to the group of people who were in the driveway and who had been throwing rocks. He informed them that Stanley 'See G.C Exhs 35-I to 35-4 426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was a member of management and that they should leave him alone. After some argument Howell ran back toward his car and attempted to start it. The group pursuing him caught up with him, opened the doors and started beating him while he was in the car Alter this had gone on for 2 or 3 minutes Stanley heard someone shout and upon turning around he saw that Howell had gotten out of his car and had a gun in his hand, which he fired Howell had blood streaming down his face and all over his clothes. He fired three or four times toward the group up by the gate Thereupon, Allen Lemay, a Wagoner employee, ran to a red Chevrolet, got a shotgun out of it and then ran across the street towards another car which he used as cover apd fired two shots at Howell. After this exchange of gunfire Howell put his gun in his car and started backing around the corner. Lemay then lired one more at the rear of Howell's car as it pulled away, and then threw the gun in the rear of his car and turned around to leave. Thereupon Melvin Putt, who was over by Lemay's car, took the gun and put it in the trunk of his own automobile It is Howell's testimony that he went to work as usual on March 28 and worked about 2 hours when some employee said that there were pickets outside and that the employees should go out. All of them did so including Howell. He did not stay around the plant but went home and stayed there until approximately 2 o'clock when he returned to the plant to pick up his paycheck about 3 o'clock. He testified credibly that he parked his car about 75 yards from the employee entrance and sat there wailing for a friend. He and this friend had discussed going out to shoot groundhogs after receiving their paychecks, and in consequence Howell had a 12-guage shotgun in his car which he had borrowed for the groundhog shooting expedition. Shortly alter parking his car a group of persons came toward his car, including Robert Bartlett, Allen Lemay, Morris Stevens and George Warren. All of them were Wagoner employees, and Bartlett and Stevens were union stewards This group gathered around his car, the window of which was down. Bartlett. according to Howell. said, "Al, I heard you called me a goddamn scab." Howell denied that he had said any such thing. Bartlett then asked Howell why he did not join the Union and stated that he (Bartlett) did not like Howell. Thereupon Bartlett jerked the car door open and he and Lemay attempted to pull Howell out of the car. Bartlett hit Nowell in the face and both Bartlett and Lemay continued beating on him on the face and the side of his head Howell was half in and half out of the car and Stevens had hold of his legs attempting to pull him lurther out of the car Al about this point Warren intervened and induced the assailants to cease pummeling Howell. Howell then got up and got into his car. As he started it up, so he testified. Lemay came up with a shotgun which he fired. Howell denied that he pursued anyone or that he reached for the shotgun which he had, admittedly. in his car. According to Howell, he sustained a fracture around his left eye and spent 2 weeks in a Veterans hospital and had surgery At the time of the hearing he was still under the care of a doctor, but said that he was able to work although he was afraid to go back to the plant because he wanted to avoid any further trouble. Robert Bazzell, materials control manager for Wagoner, testified that he was at the plant on March 28. While in the lunchroom with some other supervisors someone stated that a fight was going on across the street from the plant Bazzell Iooked out the window and noticed that Howell was sitting in his car, that some people were gathered around it, and that scuffling was going on Bazzell recognized Bartlett and Lemay as among those surrounding the Howell car. Although Bazzell did not have a very clear view of the tight he did note that after the people that had been at the car were about 50 yards away from it Howell fired his shotgun into the group, which contained some women. Bartlett testified that during the morning of March 28 he had had several encounters with Howell who allegedly had been referring to him (Bartlett) as a scab. Bartlett testified that he went over to Howell and inquired whether Howell was mad at him, and why he was telling employees that Bartlett was a scab and using foul language. According to Bartlett, Howell then put his hand "down in his pocket and when he done that, I turned around and walked off." Prior to that time, so Bartlett testified, he had received information that Howell carried a pistol. Later in the morning Howell twice came to where Bartlett was working and asked whether Bartlett wanted to get smart about the matter. Bartlett accused Howell of having been drinking, whereupon Howell laughed and said that they would talk about the matter later. The last time Howell came back to Bartlett's work place, according to Bartlett, Howell said that if Bartlett wanted trouble he would accommodate him. After the employees went out Bartlett testified that he engaged in no picketing and none of the Wagoner employees did. About 3 o'clock the employees were standing along the road waiting to get paid, some of them accompanied by their wives and children. Bartlett noticed Howell sitting in his car at a distance from the plant. Thereupon Bartlett walked down to the car, so he testified, to see if the two of them could not straighten out the "problem" that had occurred in the morning. It is Bartlett's testimony that he put his hands on the car and asked Howell what the problem was between them and whether they could not talk it over Thereupon Howell started cursing Bartlett and reached under the front seat. Apprehensive that Howell was reaching for a gun. Bartlett hit Howell a number of times. He was then stopped by Warren and the group started walking back towards the plant. At this juncture someone yelled that Howell had a gun and, so Bartlett testified, the next thing that he knew was that he felt some shots hit him and heard the gun and started to run. Bartlett testified that he was hit five times and that three other persons, one of whom had to go to the hospital, were struck. As among the four witnesses to this shooting incident 1 am persuaded that Stanley Bazzell and Howell are entitled to be credited rather than Bartlett, however, I ain persuaded that Howell did fire the gun toward the group of people apparently in attempted retaliation against Bartlett and Let-nay for the severe beating they had inflicted on him. E. Concluding Findings The General Counsel contends that the Respondent Union is responsible not only for the picket line activity of its officers and representatives, Ellis and Hodgm, but also for the conduct of the pickets in damaging automobiles and plant property, blocking ingress and egress of employees, and threatening and causing physical injury to supervisors and employees The Union does not seriously dispute that it is liable for the violative conduct of Ellis and Hodgin. its agents, who as has been found engaged in such conduct and admittedly were in charge of the picket lines However, it seeks to escape liability for the acts of union members and pickets, apparently on the theory that TEAMSTERS , LOCAL 327 427 Ellis had instructed pickets and members not to engage in violence and also on the assertion that nonstrikers provoked and invited such violence as occurred Both Ellis and Hodgin spent a great deal of their time in direct charge of the picket line Not only did each of them engage in conduct banned by Section 8(h)(I)(A), as found above, but one or both were present when identified and unidentified pickets engaged in similar conduct Whatever instructions the Respondent Union may have given pickets, they were more honored in the breach than the observance and by specific example by Ellis and Hodgin. In these circumstances the responsibility of the Union is clear and I find that it is liable for the acts of restraint and coercion that took place. by pickets and members, as more fully related above, as well as for like acts committed by Ellis and IIodgin, its admitted agents See :'d'ew Power Wire and Electric Corp. v. N.L.R B . 340 F.2d 71, 72 (C.A 2); International Woodworkers of America (W T Smith Lumber Co ). 116 NLRB 507, Teamsters, Chauffeurs, Helpers and Taxicab Drivers, Local U nion 327 (Hartman Luggage Company;). 173 NLRB No. 220. IV. TFFI- EFFECT OF TFIF UNFAIR 14BOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section Ill, above, occurring in connection with the operations of Whale, Richey, and Wagoner as set forth in section 1, above. have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. posted shall also be mailed to the Respondent's members, as it appears that many of them reside and work in places remote from the Union's headquarters in Nashville. However, I am not persuaded that effectuation of the policies of the Act requires that the Respondent publicize the notice in a newspaper of general circulation in its territorial jurisdiction, as urged by the General Counsel' Upon the basis of the foregoing findings of fact and upon the entire record in the case, I make the following COM-LU SIONS OF L,-,w 1. Whale, Inc., Richey Electronics, Inc., and Wagoner Corporation, are employers engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2 The Respondent Union. Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local Union No 327. affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organization within the meaning of Section 2(5) of the Act 3 By mass picketing or otherwise blocking ingress or egress of employees at said companies' premises, by causing and threatening to cause physical harm to employees of the aforesaid companies, and by causing and threatening to cause damage to the property of said companies and their employees. the Respondent has restrained and coerced employees in the exercise of their rights guaranteed in Section 7 of the Act, thereby engaging in unfair labor practices within the meaning of Section 8(b)(I)(A) of the Act 4 The aforesaid unfair labor practices are unfair labor practices affecting commerce. within the meaning of Section 2(6) and (7) of the Act V THE RIMEDY Having found that Respondent has engaged in certain unfair labor practices, it will be recommended that it cease and desist therefrom and take certain affirmative action deemed necessary to effectuate the policies of the Act. As stated above, the General Counsel contends that a broad cease-and-desist order enjoining the Respondent from engaging in violative conduct similar to that found herein is warranted with respect to any employer. In support thereof, General Counsel refers to the Respondent's past record of violative conduct which culminated in two Board Decisions upholding charges of violence against the Respondent, substantially similar to what has been herein found.' It is, of course, well settled that the Board has broad power to determine the proper scope of cease-and-desist orders.' The record herein shows that the actions of the Union in connection with the strike against Whale and Richey received considerable publicity in the community. The Union's territorial jurisdiction is broad, covering an area roughly bounded by the Alabama line, the Kentucky line, the Tennessee River, and the foot of the Cumberland Mountains. Moreover, President Richey testified that as a result of the incidents that occurred at the Richey plant, the Company has experienced considerable difficulty in recruiting employees. apparently by reason of the publicized actions of the Respondent in these circumstances, I am persuaded that the Respondent's proclivity to engage in mass picketing, picket line violence and threats of violence to persons and property has been amply demonstrated. Accordingly I conclude that a broad order should be issued in the instant proceeding. I shall further require that the notice to be RECOMMENDED ORDER Upon the basis of the foregoing findings of fact and conclusions of law, and upon the entire record in the case, it is recommended that Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local Union No 327, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. and its officers, agents, and representative,,, shall l Cease and desist from restraining or coercing employees of Whale. Inc , Richey Electronics, Inc., Wagoner Corporation, or any other employer within its jurisdictional territory in the exercise of the rights guaranteed them in Section 7 of the Act, by mass picketing or otherwise blocking ingress or egress of employees at said companies' premises, by causing or threatening to cause physical harm to employees, by causing or threatening to cause damage to the property of said companies or their employees, or in any like or similar manner restraining or coercing said employees in the exercise of their Section 7 rights. 2. Take the following affirmative action designed to effectuate the policies of the Act `See Teamsters , Chauffeurs and Taxicab Drivers, Local Union 327 (Hartman Luggage Compani), 173 NLRB 220, and Teamsters, Chauffeurs, Helpers and Taxicab Drivers . Local Union No 327 (Greer Stop Nut Co ), 160 NLRB 1919 'Mai, Department Stores d/b/a Famous -Bar Company v. N L R B. 326 U S. 376 'Cf International Hod Carriers, etc (Owen Langston ). 145 NLRB 565 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) Mail a copy of the attached notice marked "Appendix"' to each of its members and post copies thereof at its business office and meeting hall. Copies of said notice, on forms provided by the Regional Director for Region 26, after being duly signed by the Union's official representative shall, immediately upon receipt thereof, be mailed to each member, posted and maintained for 60 consecutive days thereafter in conspicuous places, including all places where notices to its members are customarily posted. Reasonable steps shall be taken to insure that such notice is not altered, defaced, or covered by any other material. (b) Sign and mail sufficient copies of said notice to the Regional Director for Region 26 for postings by Whale, Inc., Richey Electronics, Inc., and Wagoner Corporation, at all locations where notices to employees are customarily posted, if said companies are willing to do so. (c) Notify the said Regional Director, in writing, within 20 days from the receipt of this Decision, what steps the Respondent has taken to comply herewith.10 IT Is FURTHER RECOMMENDED that the complaint be dismissed insofar as it alleges violations of Section 8(b)(l)(A) of the Act not specifically found herein. APPENDIX NOTICE TO ALL MEMBERS OI-FICERS, REPRESENTATIVES, AND AGENTS AND TO ALL EMPLOYFES OF WHALE, INC., RICHEYELFCTRONICS,INC.,AND WAGONER CORPORATION Pursuant to the Recommended Order of a Trial Examiner 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 by mass picketing or otherwise block, ingress and egress of employees at the premises of Whale, Inc., Richey Electronics, Inc., and Wagoner Corporation; cause or threaten to cause physical harm to employees; or threaten to cause damage to the property of said companies or their employees. WE WILT. NOT in any like or similar manner restrain or coerce employees of Whale, Inc., Richey Electronics, Inc., and Wagoner Corporation or the employees of any other employer within our jurisdictional territory in the exercise of the rights guaranteed them by Section 7 of the Act. In the event that this Recommended Order is adopted by the Board, the words "a Decision and Order" shall is substituted for the words "the Recommended Order of a Trial Examiner" in the notice. In the further event that the Board's Order is enforced by a decree of a United States Court of Appeals, the words "a decree of the United States Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision and Order " "In the event that this Recommended Order is adopted by the Board, this provision shall be modified to read "Notify the said Regional Director, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith " Dated By TEAMSTERS, CHAUFFEURS, HELPERS AND TAXICAB DRIVERS, LOCAL UNION 327, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA (Labor Organization) (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. If members have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board's Regional Office, 746 Federal Building, 167 North Main Street, Memphis, Tennessee 38103, Telephone 534-3161.