General Truck Drivers, Local 5

GENERAL TRUCK DRIVERS , LOCAL 5 General Truck Drivers, Warehousemen & Helpers of America, Local Union No. 5 and Union Tank Car Company. Case 15-CB-827 September 16, 1969 SUPPLEMENTAL DECISION AND AMENDED ORDER BY MEMBERS FANNING, JENKINS, AND ZAGORIA On June 24, 1968, the National Labor Relations Board issued its Decision and Order in the above-entitled proceeding.' Thereafter, on May 15, 1969, the United States Court of Appeals for the Fifth Circuit issued its opinion' finding that Partin's display of guns and statements at the May 15 union meeting were made for the purpose of intimidating the employees into not joining or lending assistance to Local 270, a sister local, and were thus in violation of Section 8(b)(l)(A) of the National Labor Relations Act, as amended. Accordingly, the Court remanded the matter to the Board for modification of the Board's Order to encompass the additional violation of the Act as found by the Court. 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 this case to a three-member panel. We have accepted the Court's remand, and accept the Court's finding of fact and conclusion of law. Accordingly. we find that Partin's display of guns and statements at the May 15 union meeting were made for the purpose of intimidating employees into not joining or lending assistance to Local 270 and that Respondent thereby acted in violation of the Act within the meaning of Section 8(b)(1)(A). AMENDED ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that its Order of June 24, 1968, be, and it hereby is. amended as follows: 1. Delete paragraph 1 of the Board's Order of June 24, 1968, and insert in lieu thereof: 1. Cease and desist from: (a) Restraining and coercing employees by acts and threats of physical violence for the purpose of 431 compelling them to engage in a walkout. (b) Restraining and coercing employees by acts and threats of physical violence for the purpose of intimidating them into not joining or lending assistance to Local 270. (c) In any other manner restraining or coercing employees in the exercise of the rights guaranteed in Section 7 of the Act. 2. Substitute for the Appendix attached to the Board's Order of June 24, 1968, the attached Appendix.' '172 NLRB No 11 'General Truck Drivers, Warehousemen & Helpers of America, Loca No 5 v .NLRB B . 410 F 2d I344-47 (C A 5) 'In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall he substituted for the words "a Decision and Order" the words "a Decree of the United States Court of Appeals Enforcing an Order" APPENDIX To ALL UNION MFMBFRS AND EMPLO'sFES OF UNION TANK CAR COMPANY Pursuant to a Supplemental Decision and Amended Order 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 wit L NOT restrain or coerce employees by acts or threats of physical violence for the purpose of compelling them to engage in a walkout. WE WILL NOT restrain or coerce employees by acts or threats of physical violence for the purpose of intimidating them into not joining or lending assistance to Local 270. WE w'ILI NOT in any other manner restrain or coerce employees in the exercise of the rights guaranteed by Section 7 of the National Labor Relations Act. GENFRAi TRUCK DRIVFRS WAREHOUSFMEN & HELPERS OF AMERICA, LOCAL UNION No. 5 (Labor Organization) Dated By (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 employees have any question concerning this notice or compliance with its provisions, they may communicate directly with the Board's Regional Office, T6024 Federal Building, (Loyola) 701 Loyola Avenue, New Orleans. Louisiana 70113, Telephone 504-527-6361. 178 NLRB No 70