Automotive Teamsters, Local 165

AUTOMOTIVE TEAMSTERS, LOCAL 165 Automotive Teamsters & Chauffeurs Local Union No. 165, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Ameri- ca and Royal Arnold. Automotive Teamsters & Chauffeurs Local Union No. 165, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Ameri- ca and Goodyear Tire and Rubber Company. Cases 20-CB-3050 and 20-CB-3063 June 18, 1974 DECISION AND ORDER BY MEMBERS FANNING, KENNEDY, AND PENELLO On February 26, 1974, Automotive Teamsters & Chauffeurs Local Union No. 165, International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America; Royal Arnold; Goodyear Tire and Rubber Company; and the General Counsel of the National Labor Relations Board entered into a Motion To Transfer Proceeding to the Board and Stipulation of Facts in the above- entitled proceeding. The parties agreed that the stipulation of facts, and the exhibits attached thereto, constitute the entire record in this proceeding and that no oral testimony is necessary or desired by the parties. They waived a hearing before an Administra- tive Law Judge, the making of findings of fact and conclusions of law by an Administrative Law, Judge, the issuance of an Administrative Law Judge's decision and recommended Order, and submitted the case for findings of fact, conclusions of law, and Order directly to the Board. The parties requested that the Board set a time for the filing of briefs. On March 7, 1974, the Board issued an order granting the Motion To Transfer Proceeding to the Board for the purpose of making findings of fact and conclusions of law, and for the issuance of a Decision and Order; approved the Stipulation of Facts as part of the record; and set March 21, 1974, as the time limit for filing briefs. Thereafter, the General Counsel, the Employer, and Respondent Union all filed 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 authority in this proceeding to a three-member panel. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER 707 At all times material herein, Goodyear has been an Ohio corporation with two places of business in Sacramento, California, at which locations Goodyear has been engaged in the retail sale of tires. During the past year, Goodyear, in the course and conduct of its business operations, sold products valued in excess of $500,000, and sold products valued in excess of $50,000 directly to customers located outside the State of California. We find that at all times material herein Goodyear has been an employ- er engaged in commerce and in operations affecting commerce within the meaning of Section 2(6) and (7) of the Act. II. THE LABOR ORGANIZATION Respondent is, and at all times material has been, a labor organization within the meaning of Section 2(5) of the Act. III. THE FACTS From an unknown date in the past to on or about August 15, 1973, Respondent was the collective- bargaining representative of the battery and tire floor servicemen and fleet servicemen employed by Goo- dyear at two of its stores in Sacramento, California. The three employees who constituted the above unit, Royal Arnold, Alan Aday, and Larry Peer, were also members of Respondent. On April 4, 1973, Royal Arnold filed a petition for a decertification election with the Board, seeking to decertify Respondent as collective-bargaining representative, and, on August 7, 1973, all of the employees who participated in the election did vote to decertify Respondent. On August 15, 1973, the Regional Director for Region 20 of the Board, on behalf of the Board, certified the results of the election, and certified that no labor organization was the collective-bargaining representative of the above employees of Goodyear. Subsequently, on or about August 17, 1973, Respondent charged Royal Arnold with signing a petition to the Board seeking decertification, which act caused secession from the Union, and violated an oath of loyalty to the Local and International Union, thereby causing disruption and rendering local union officers unable to negotiate a working agreement with Goodyear. On or about the same date, Respon- dent charged Alan Aday and Larry Peer with violating their oaths of obligation to the Union and participating in balloting procedures which placed them in violation of the International's constitution. Respondent found the three guilty as charged, and 211 NLRB No. 100 708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fined Arnold $750 and Peer and Aday approximately $450 each, or or about September 10. IV. CONCLUSIONS In International Molders' and Allied Workers Union, Local No. 125, AFL-CIO (Black Tanning Co., Inc.),' the Board held that while a labor organization may properly seek to defend its status as collective- bargaining representative by expelling employee- members2 who filed decertification petitions or participated in activities in support thereof, it may not fine a member for filing a decertification petition since that action is punitive and improper rather than defensive and, therefore, in violation of the Act: In short, where the union member is seeking to decertify the union, the Board has said that the public policy against permitting a union to penalize a member because he seeks the aid of the Board should give way to the union's right to self- defense. But when a union only fines a member because he has filed a decertification petition, the effect is not defensive and can only be punitive -to discourage members from seeking such access to the Board's processes; the union is not one whit better able to defend itself against decertification as a result of the fine. The dissident member could still campaign against the union while remaining a member and therefore be privy to its strategy and tactics.3 The rationale enunciated by the Board in Black- hawk has also been applied to cases where employee- members were fined for filing deauthorization petitions with the Board and for activities in support thereof;4 and where fines were imposed upon employee-members who had signed authorization cards and solicited fellow employees to sign authori- zation cards on behalf of a rival union in support of an election petition.5 Accordingly, as the Union here has admittedly fined the three men involved for sponsoring and participating in a decertification election, the Union has violated Section 8(b)(1)(A) of the Act. CONCLUSIONS OF LAW 1. At all material times, Goodyear has been an employer engaged in commerce within the meaning of the Act. 2. At all material times, Respondent Union has i 178 NLRB 208 2 Tawas Tube Products, Inc, 151 NLRB 46, expulsion , United Steelwork- ers of America, Local No 4028, AFL-CIO (Pittsburgh -Des Moines Steel Company, 154 NLRB 692, suspension 3 178 NLRB at 209 been a labor organization within the meaning of the Act. 3. By fining Royal Arnold, Alan Aday, and Larry Peer for sponsoring and participating in an election to decertify Respondent as their collective -bargain- ing representative , Respondent has engaged, and is engaging, in unfair labor practices in violation of Section 8(b)(1)(A) of the Act. THE REMEDY Having found that Respondent has engaged in the aforesaid unfair labor practice , we shall order that it cease and desist therefrom and take certain affirma- tive action designed to effectuate the policies of the Act. To remedy the coercive effect of the fines assessed against Arnold, Aday, and Peer, Respondent will be required to rescind the fines and notify these employees and other employees of the rescission and of their right to seek the use of processes of the Board in determining any question regarding the continuing representative status of Respondent , without being fined for doing so. ORDER Upon the foregoing findings of fact, conclusions of law, and the entire record, and pursuant to Section 10(c) of the Act, the National Labor Relations Board hereby orders that Respondent, Automotive Team- sters & Chauffeurs Local Union No. 165, Interna- tional Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, Sacramento, California, its officers, agents, and representatives, shall : 1. Cease and desist from: (a) Fining employees of Goodyear for sponsoring and participating in an election to decertify Respon- dent as their collective-bargaining representative. (b) In any like or related manner restraining or coercing employees in the exercise of their rights guaranteed in Section 7 of the Act. 2. Take the following affirmative action, which the Board finds necessary to effectuate the policies of the Act: (a) Rescind the fines assessed against Royal Arnold, Alan Aday, and Larry Peer for sponsoring and participating in the aforesaid decertification election. (b) Post in Respondent's business offices and 4 Tool and Die Makers Lodge No 113, International Association of Machinists and Aerospace Workers, AFL-CIO (Midwest American Dental Division of American Hospital Supply Corporation), 207 NLRB No 127 5 Independent Shoe Workers of Cincinnati, Ohio (The United States Shoe Corporation), 208 NLRB No 64 AUTOMOTIVE TEAMSTERS, LOCAL 165 meetings halls copies of the attached notice marked "Appendix."6 Copies of said notice, on forms provided by the Regional Director for Region 20, after being duly signed by Respondent's authorized representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicu- ous 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. (c) Sign and mail sufficient copies of said notice to the Regional Director for Region 20 for posting by Goodyear, if such employer be willing, at all places where notices to its employees are customarily posted. (d) Notify the Regional Director for Region 20, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply herewith. MEMBER FANNING, dissenting: For the reasons set forth in the dissenting opinion in International Molders' and Allied Workers Union, Local No. 125, AFL-CIO (Blackhawk Tanning Co., Inc.), 178 NLRB 208, I dissent herein. 6 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 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 EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government 709 employees of Goodyear Tire and Rubber Compa- ny, Sacramento, California, for sponsoring and participating in an election to decertify this Union as their collective-bargaining representa- tive. WE WILL NOT in any like or related manner restrain or coerce employees in the exercise of their rights guaranteed in Section 7 of the Act. WE WILL rescind the fines assessed against Royal Arnold, Alan Aday, and Larry Peer for sponsoring and participating in a decertification election. AUTOMOTIVE TEAMSTERS & CHAUFFEURS LOCAL UNION No. 165, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA (Labor Organization) Dated By (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 compli- ance with its provisions may be directed to the Board's Office, 13018 Federal Building, Box 36047, 450 Golden Gate Avenue, San Francisco, California 94102, Telephone 415-556-3197. WE WILL NOT fine our members who are