Communications Workers, Local 9509

COMMUNICATIONS WORKERS, LOCAL 9509 83 Communications Workers of America , Local 9509, AFL-CIO (The Pacific Telephone and Telegraph Company) and Lawrence R. Lavers and Harold J. Coupar. Cases 21-CB-3876-1,21-CB-3876-2 September 10, 1971 DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND KENNEDY Upon a charge filed on January 7, 1971, and amended on February 17, 1971, by Lawrence R. Lavers, an individual, and a charge filed on January 7, 1971, and amended on February 17, 1971, by Harold J. Coupar, an individual, herein called the Charging Parties, the General Counsel for the National Labor Relations Board, by the Regional Director for Region 21, issued a consolidated complaint dated February 26, 1971, against the Communications Workers of America, Local 9509, AFL-CIO, herein called the Respondent, alleging that the Respondent had en- gaged in and was engaging in unfair labor practices within the meaning of Sections 8(b)(1)(A) and (2) and 2(6) and (7) of the National Labor Relations Act, as amended. The consolidated complaint alleges in substance that on or about October 14, 1971, Respondent demanded that Pacific Telephone and Telegraph Company terminate the employment of the Charging Parties for failure to pay the periodic dues required in the maintenance of union dues provision of the collective-bargaining agreement for the period subse- quent to their expulsion from Respondent for seeking to obtain decertification of Respondent and Respon- dent, by demanding and continuing to demand that the Charging Parties be discharged, has engaged in and is engaging in unfair labor practices in violation of Section 7 of the Act and by attempting to cause Pacific to discriminate against employees in violation of Section 8(a)(3) of the Act, Respondent thereby did engage in and is engaging in unfair labor practices within the meaning of Sections 8(b)(1)(A) and (2) and 2(6) and (7) of the Act. On March 15, 1971, the Respondent filed an answer admitting certain allegations in the complaint and denying that the admitted facts constituted unfair labor practices as alleged in the consolidated com- plaint. The parties to this proceeding entered into a stipulation of facts and jointly moved that the proceedings be transferred to the Board, stipulating that the charge, complaint and notice of hearing, answer, and stipulation of facts shall constitute the entire record and that no oral argument is necessary or desired. They further stipulated that they waived a hearing before a Trial Examiner, rulings upon motion by a Trial Examiner, and the issuance of a Trial Examiner's Decision. On May 10, 1971, the Board approved the stipulation and ordered the proceeding transferred to the Board. Thereafter, the General Counsel filed a brief. 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 proceeding to a three- member panel. Upon the basis of the stipulation, the brief, and the entire record in this proceeding, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE PARTY TO THE CONTRACT The Pacific Telephone and Telegraph Company, herein called Pacific, is an enterprise engaged in the business of operating telephone and telegraph systems in the State of California; annually, in the course and conduct of its business operations, it receives gross revenues in excess of $100,000. We find, as stipulated by the parties, that Pacific is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. II. THE RESPONDENT Communication Workers of America, Local 9509, AFL-CIO, is a labor organization admitting to membership employees of the Party to the Contract, and is a party to a collective-bargaining agreement with Pacific covering the Charging Parties. We find, as stipulated by the parties, that the Respondent is a labor organization within the meaning of Section 2(5) of the Act. III. THE ALLEGED UNFAIR LABOR PRACTICE The parties stipulated the following facts. The Charging Parties have been actively distributing literature and membership cards in the name of the Independent Organization of Pacific Employees for the purpose of obtaining signatures to decertify the Respondent Communications Workers of America as bargaining agent for the Pacific employees; the Respondent expelled them pursuant to its constitu- tion which provides for the fining, suspension, or expulsion of any member found guilty at a union trial of willfully supporting or assisting any persons, group of persons, or organizations in any act or activities for the purpose of seeking or obtaining the decertification or replacement of the Respondent as the collective- bargaining representative. The Charging Parties, after 193 NLRB No. 15 84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD being expelled , did not pay their union dues. The Respondent then demanded that Pacific discharge them under its valid collective -bargaining agreement, which, under specified conditions, makes the paying of periodic dues a condition of employment. The General Counsel contends that the Respon- dent, by demanding that the Charging Parties pay union dues, after being expelled from membership because of engaging in decertification activities, under threat of being discharged by their employer, violated Section 8(b)(1)(A) and (2) of the Act. The General Counsel argues that the instant proceeding is analogous to Local 4186, United Steelworkers of America, AFL-CIO (McGraw Edison Company, Food Equipment Division) i where the Board found an 8(b)(1)(A) violation when the union insisted that an employee pay union dues , on a penalty of discharge under a valid union -security agreement, during a period when his membership rights in the union had been significantly impaired by disciplinary sanction imposed as a result of his filing a decertifica- tion petition. We agree with the General Counsel 's contentions and find that the Respondent has been and is violating Section 8 (b)(1)(A) and (2) of the Act. CONCLUSIONS OF LAW 1. By requesting the discharge of Lavers and Coupar unless they continued to pay their member- ship dues while simultaneously continuing the disci- plinary sanctions imposed as a result of their decertification activities, Respondent restrained and coerced Lavers and Coupar in the exercise of rights guaranteed in Section 7 of the Act and by attempting to cause Pacific to discriminate against these employ- ees in violation of Section 8(a)(3) of the Act, is thereby engaging in unfair labor practices within the meaning of Section 8(b)(1)(A) and (2) of the Act. 2. The aforesaid unfair labor practices affect commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Communica- tions Workers of America, Local 9509, AFL-CIO, its officers, agents, and representatives , shall: 1. Cease and desist from: (a) Requesting the discharge of employees pursuant to a valid union-security contract unless they pay membership dues while simultaneously continuing disciplinary sanctions imposed because of the decerti- coercing employees in the exercise of their rights guaranteed under Section 7 of the Act. 2. Take the following affirmative action, which the Board finds will effectuate the purposes of the Act: (a) Post at its offices, meeting halls, and all places where notices to members are customarily posted at San Diego, California, copies of the attached notice marked "Appendix." 2 Copies of said notice, on forms provided by the Regional Director for Region 21, 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) Sign and mail sufficient copies of said notice to the Regional Director for Region 21 for posting by the Pacific Telephone and Telegraph Company, it being willing, at all places where notices to its employees are customarily posted. (c) Notify the Regional Director for Region 21, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply herewith. I 18I NLRB No 162. 2 In the event that this 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 the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT request the discharge of employ- ees unless they pay membership dues while simultaneously continuing disciplinary sanctions which we have imposed against them because of their decertification activities. WE WILL NOT in any like or related manner restrain or coerce employees in the exercise of their rights guaranteed by Section 7 of the Act, COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9509, AFL-CIO (Labor Organization) fication activities . Dated By (b) In any like or related manner restraining or (Representative) (Title) COMMUNICATIONS WORKERS, LOCAL 9509 85 This is an official notice and must not be defaced by Any questions concerning this notice or compliance anyone . with its provisions may be directed to the Board's This notice must remain posted for 60 consecutive Office , Eastern Columbia Building, 849 South Broad- days from the date of posting and must not be altered , way, Los Angeles, California 90014, Telephone defaced, or covered by any other material . 213-688-5200.