Meat Cutters Local 222 (Iowa Beef Processors)

AMALGAMATED MEAT CUTTERS Amalgamated Meat Cutters and Butcher Workmen of North America, and Local 222 and Iowa Beef Processors, Inc. Amalgamated Meat Cutters and Butcher Workmen of North America, and Local 222 and Farm Products Company. Cases 17-CB- 1719 and 17-CB-1720 November 30, 1977 DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND MURPHY On August 5, 1977, Administrative Law Judge James T. Rasbury issued the attached Decision in this proceeding. Thereafter, Respondents and the Charging Parties filed exceptions and supporting briefs and the General Counsel filed a motion to modify the appendix (notice) of the Administrative Law Judge's Decision. 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. The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions' of the Administrative Law Judge and to adopt his recommended Order, as modified herein. 2 The Administrative Law Judge found, and we agree, that Respondents violated Section 8(b)(1)(A) in numerous respects but did not commit other alleged violations. In finding that Jansen, an employee of Charging Party Farm Products Company. was not threatened during a telephone conversation between himself and Bekish, vice president of a different local of the International, the Administrative Law Judge found that the remark was not coercive and that the evidence was insufficient to show that Bekish was an agent of either of the Respondents. The Charging Parties have excepted to the finding. As we are in t Member Murphy does not adopt the Administrative Law Judge's interpretation of the comment by Respondent Local's business agent. Anderson, at the meeting on April 3 as a suggestion that individuals might act with violence on their own. Anderson's testimony was: I told them I could not tell them they could go out there and kick somebody's ass or tear somebody's head off, and that the government would come down on us, obviously, if I gave them that type of blessing to do that, and that whatever their activity was, that it was going to have to be within the confines of the law Unlike her colleagues. Member Murphy finds that this was an instruction to the employees to engage only in laiful acrivitr. 2 The Administrative Law Judge ordered broad cease-and-desist lan- guage to remedy the numerous violations found, but inadvertently neglected to include this language in the notice. The notice has therefore been 233 NLRB No. 136 agreement with the Administrative Law Judge's finding that the evidence was insufficient to show that Bekish was an agent of Respondents, we do not pass on the question of whether the alleged remarks made during the conversation were coercive. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Administrative Law Judge, as modified below, and hereby orders that the Respon- dents, Amalgamated Meat Cutters and Butcher Workmen of North America, and Local 222, their officers, representatives, and agents, shall take the action set forth in the said recommended Order, as modified herein: I. Substitute the following for paragraph l(a): "(a) Restraining or coercing employees of Iowa Beef Processors, Inc. and/or employees of Farm Products Company by any of the following conduct which tends to discourage employees in the exercise of their right to work for either of the above employers, or any other employer, and the right not to join or support any strike: Threatening employees with bodily harm and/or property damage; hinder- ing or blocking in any manner the ingress and egress of employees' automobiles, trucks, or other vehicles seeking to enter or exit any of the gates provided by IBP or Farm Products; throwing rocks, dirt clods, or firewood, or shooting steel ballbearings from a slingshot at any employee or vehicle attempting to enter the premises of IBP at Dakota City, Nebraska, or directing such missiles toward employee or company property located in Dakota City, Nebras- ka; placing glass, nails, screws, logs, or similar material on the highways or driveways at or near any of the exits and entrances into the IBP plant at Dakota City; following vehicles of employees to and/or from picket lines and driving in a dangerous and reckless manner intended to harass and intimi- date nonstriking employees; scratching, kicking, rocking, hitting with picket signs, jumping upon. appropriately modified. The notice has been further modified, along with the Order, to delete the cease-and-desist language referring to customers as there is no evidence that customers were coerced. The Administrative Law Judge also ordered that copies of the notice be mailed to all striking employees. Respondents excepted, contending that posting the notice was sufficient, and the Charging Parties excepted, contending that wider distribution, by publication in the monthly newspa- per of Respondent Amalgamated Meat Cutters and Butcher Workmen of North America, was necessary. We find the notice distribution ordered by the Administrative Law Judge appropriate in the circumstances of this case. Charging Party Iowa Beef Processors also contended in its exceptions that the Charging Parties should have been awarded litigation expenses. We find that Respondents' defenses were not so frivolous as to warrant the imposition of this extraordinary remedy. See Orion Corporation. 210 NLRB 633 (1974). 839 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pounding fists, and/or in any other manner causing damage to vehicles of employees and supervisors entering and exiting the struck premises; physically assaulting or in any similar manner hindering and seeking to prevent nonstriking employees from entering the IBP plant premises; making harassing or threatening telephone calls to employees; recording license numbers of vehicles crossing picket lines and posting the names of nonstrikers at either the union headquarters or the strike headquarters." 2. Substitute the attached notice for that of the Administrative Law Judge. APPENDIX NOTICE TO EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a hearing at which both sides had the opportunity to present their evidence, the National Labor Relations Board has found that we violated the law and has ordered us to post this notice and we intend to abide by the following. WE WILL NOT prevent or attempt to prevent employees of Iowa Beef Processors, Inc., and/or Farm Products Company employees from work- ing for those employers, or any other employer, or from exercising their rights not to join or support any strike by means of any of the following conduct: Threatening employees with bodily harm and/or property damage; hindering or blocking in any manner the ingress and egress of employees' automobiles, trucks, or other vehicles seeking to enter or exit any of the gates provided by IBP or Farm Products; throwing rocks, dirt clods, or firewood, or shooting steel ballbearings from a slingshot at any employee or vehicle attempting to enter the premises of IBP at Dakota City, Nebraska, or directing such missiles toward employee or company property located on the IBP plant premises in Dakota City, Nebraska; placing glass, nails, screws, logs, or similar material on the highways or driveways at or near any of the entrances and/or exits into the IBP plant at Dakota City; following vehicles of employees to and/or from picket lines and driving in a dangerous and reckless manner intended to harass and intimidate nonstriking employees; scratching, kicking, rocking, hitting with picket signs, jumping upon, pounding fists, and/or in any other manner causing damage to vehicles of employees and supervisors entering and exiting the struck premises; physically as- saulting or in any similar manner hindering and seeking to prevent nonstriking employees from entering the IBP plant premises; making harass- ing or threatening telephone calls to employees; recording license numbers of vehicles crossing picket lines and posting the names of nonstrikers at either the union headquarters or the strike headquarters. WE WILL NOT in any other manner restrain or coerce employees in the exercise of rights guaran- teed in Section 7 of the National Labor Relations Act, as amended. LOCAL 222 AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO DECISION STATEMENT OF THE CASE JAMES T. RASBURY, Administrative Law Judge: This consolidated case was heard before me in South Sioux City, Nebraska, on May 24 - 27, 1977.1 A charge was filed against the Respondents by each of the charging parties, Iowa Beef Processors, Inc., in Case 17-CB-1719 (herein IBP), and Farm Products Company in Case 17-CB-1720 (herein Farm Products), on March 10. On March 25 the Regional Director for Region 17 of the National Labor Relations Board issued an order consolidating cases and a complaint alleging the Respondents to have engaged in numerous acts of violence and illegal conduct in further- ance of a labor dispute and picketing activities sponsored, established, and engaged in by the Respondents, in violation of Section 8(b)( 1 )(A) of the National Labor Relations Act, as amended (herein Act). Upon the entire record, including my observation of the demeanor of the witnesses, and after due consideration of the briefs filed by the General Counsel, the Charging Parties, and the Union, I make the following: FINDINGS OF FACT I. JURISDICTION IBP is a Delaware corporation located in Dakota City, Nebraska, where it maintains and operates a facility engaged in the slaughtering and processing of beef cattle. In the course and conduct of its business, IBP annually sells goods and materials valued in excess of $50,000 directly to customers located outside the State of Nebraska and annually purchases goods and materials valued in excess of $50,000 directly from sources located outside the State of Nebraska. I The relevant and material facts herein occurred during the calendar year 1977 and all dates hereinafter will refer to that calendar year unless otherwise indicated. 840 AMALGAMATED MEAT CUTTERS Farm Products is an Iowa corporation that leases a portion of the IBP facility located in Dakota City, Nebraska, where it is engaged in processing beef carcasses. In the course and conduct of its business Farm Products annually sells goods and materials valued in excess of $50,000 directly to customers located outside the State of Nebraska, and annually purchases goods and materials valued in excess of $50,000 directly from sources located outside the State of Nebraska. I herewith find IBP and Farm Products, respectively, to be, and at all times material herein to have been, employers engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. II. THE LABOR ORGANIZATIONS INVOLVED The Respondent Unions are, and at all times material herein each has been, labor organizations within the meaning of Section 2(5) of the Act. II1. THE ALLEGED UNFAIR LABOR PRACTICES A. The Issues Under the circumstances of this case are either of the Respondent Unions legally responsible for the behavior and conduct of their members and pickets? If so, to what extent does this responsibility extend to stranger pickets and/or acts of violence and misconduct away from the plant or picketing situs? B. Background The Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO (herein the International), was certified as the collective-bargaining representative for the employees of IBP at the Dakota City, Nebraska, facility in 1969.2 The most recently expired collective-bargaining agreement which was signed in July 1974 and expired on January 23, 1977, set forth that it was an "Agreement made between Iowa Beef Processors, Inc., Dakota City, Nebras- ka (hereinafter referred to as the Company) and the Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO (hereinafter referred to as the Union), on behalf of its Local Union No. 222." The printed signatures of Gilbert Simonsen, vice president-district director; Lewie Anderson, business agent-Local 222; and Richard D. Kelly, president-Local 222, appear under the caption on the signature page for the International. (See C.P. IBP's Exh. 2.) Lewie Anderson testified that his official title is that of business agent for Local 222 but that since February 6, 1976, he has spent his full time working in the packing house department of the International Union in Chicago, Illinois, and is paid by the International. Anderson testified that he serves in an administrative capacity for the department, coordinating the research work on grievances 2 Case 17-RC-6038. The name of the employer has since been changed from Iowa Beef Packers, Inc. I The General Counsel's complaint, including the motion to amend which was permitted at the hearing, alleged in excess of 70 separate and distinct incidents both at the pnmary picketing site and away from the plant. At my insistence that the Agency could afford neither the time nor the for various different employers with whom the Internation- al has contracts such as Swift, Rath, and Wilson. Anderson testified that he had no direct responsibility for the strike but acknowledged that Tony Fedders, an International representative for the International, had been assigned to counsel and advise Local 222 with regard to the strike. During the course of the most recent negotiations wherein IBP representatives and representatives of the Respondents sought to complete a new agreement for the one which expired on January 23, the union representatives at the bargaining table included Harry Poole, president of the International; Jesse Prosten, vice president of the packing house division of the International; Sam Talarico, secre- tary of the International; Lewie Anderson and Richard Kelly, president of Local 222. Moneys paid to the striking employees of both IBP and Farm Products have come from the International and District Number 11 of the International. The testimony indicated that there were from 2,040 to 2,060 employees that have received, and are continuing to receive, strike benefits. The strike commenced at 12:01 a.m. on February 26. IBP has not attempted to operate during the strike and some 1,700 employees have been without work. There were approximately 387 employees working for Farm Products prior to the strike and, while only 49 people showed up for work on February 28, Farm Products has continued to operate during the period of the strike and now has a full complement of employees. While IBP has not attempted to engage in production, it has kept its supervisors engaged in maintenance work. On February 25, just prior to the start of the strike, a press conference was called by Lewie Anderson during which he explained to the local newspapers and the radio and television stations the breaking off of the negotiations and the Respondents' intention to strike. C. Picket Line Incidents3 February 26: Frank Foreman testified that he has been employed by IBP for a period of 8 years and is a production supervisor. Foreman explained that as he came to work on the early morning of February 26, "I was turning into the gate and Mark Saltsgiver jumped in front of my car and forced me to stop. It was either that or run over him. Clarence Geary was there standing right beside him and Clarence Geary came over and opened the hood of my car and Steve Singer was on the passenger side with a small log, kind of beating on my car with it and attempting to open the passenger door. Clarence Geary, after he opened the hood of my car, came around to the driver's side and tried to pull open the driver's door, but I had them locked at the time. I was going to get out and about that time a security guard came up and told me to stay in my car, closed the hood and told the picketers to get out of the way and let me go through and then I drove on money to hear what I regarded as cumulative testimony which would have little or no effect on the remedy granted, if any, the proof was confined to something less than half the number of allegations in the complaint. What might otherwise have been a 3-week hearing was thus completed in 4 days at a substantial savings to all parties. 841 DECISIONS OF NATIONAL LABOR RELATIONS BOARD through." This incident occurred at the south entrance (plant entrance D as marked on G.C. Exh. 6) at or about 7:15 a.m. on February 26 and all four individuals were identified as employees of IBP with whom Foreman was quite well acquainted. Singer, Saltsgiver, and Clarence Geary are listed on General Counsel's Exhibit I I as plant stewards. Pamela Johns testified that she has been employed by IBP for approximately 4 years in corporate services. At approximately 11:30 p.m. on February 26 she sought to enter the plant by way of the south gate and there her car was detained as she was surrounded by five pickets who continually moved in front of her car as she sought to go around them. Ms. Johns was driving a 1976 Dodge Aspen, which received damages in the amount of $55 from sticks the pickets used to scrape and scratch her car. They spit on her car and yelled obscenities at her and her 5-year-old daughter who accompanied her in the car. Ms. Johns was unable to give the names of the individuals involved but she saw them come out of the picket shack and she has seen them on other occasions in the picket shack. Besides yelling obscenities at her, they also threatened "to get her little girl." Paul Everingham testified that he is a crew chief in charge of the night security crew and that on the early morning of February 26 he was assisting the tractor-trailer units as they sought to leave the IBP premises at the south exit onto Highway 77. Everingham testified that he saw pickets throwing blocks of wood and other objects at tractors and trailers as they were going out of the plant and in general harass the drivers. One truck tractor and trailer had its windshield broken, its mirrors broken, and there were dents in both the truck and trailer. One tractor-trailer had its windshield so badly damaged that it was necessary for the driver to return to the plant after having exited the south exit onto Highway 77. (See G.C. Exh. 6 which shows plant exit and/or entrance C leading into the plant from Highway 77.) This testimony was confirmed by Sheriff Allan Bligh, who testified that a striker named Pete Lundahl was injured during the early morning hours of February 26 when struck by the back end of a truck that had had its windshield broken so badly that the driver's vision was impaired. Bligh stated the people on the picket lines were throwing various objects at the trucks as they attempted to exit. (See G.C. Exh. 9 for a certified copy of the accident report.) Odin Larson testified that he has been employed by IBP for the past 6 years and on the early morning of February 26 he reported for work at approximately 5:40 a.m. As he approached the south entrance he noticed approximately 10 pickets. As he attempted to enter, one of the pickets, whom he identified as Charles or Carl Burroughs, jumped in front of the car causing him to stop at which time he proceeded to beat on his car with the branch of a tree. Larson drove a 1975 Ford Ranger pickup and two estimates he has obtained for the cost of the repairs are each approximately $500. Larson testified that Burroughs was the only individual he was able to identify because it was still dark and Burroughs had stepped in front of the car where he was able to see him because of the headlights, but that he did see the other pickets come out of the picket shack. Dale Strivens testified that he is employed by IBP and is a supervisor on the A shift. On the morning of February 26 at approximately 10 a.m. he reported for work and attempted to enter at the south entrance at which time he noticed four picketers, Skip Geary, Mark Saltsgiver, Gordon Skinner, and Steve Singer. Skip Geary stepped in front of his car, causing him to stop and while he was stopped Steve Singer walked around the car with a piece of firewood in his hand and hit the side of his car. Strivens was able to identify the four individuals as four people with whom he had worked. The piece of firewood held by Steve Singer was perhaps a foot and a half long and 3 inches in diameter. Neither Mark Saltsgiver nor Gordon Skinner was involved in this incident-Gordon Skinner was standing just to the side of the driveway and Mark Saltsgiver was near the picket shack. Roger Arnburg testified that he has been employed by IBP for 3-1/2 years and is a foreman on the A shift. On February 26 he reported for work about 7:30 a.m., riding in a 1966 Chevy with Greg O'Connor. Dan Gagnon was riding in the back seat. As they approached the south entrance gate he noticed four pickets, including Steven Singer, Clarence Geary, and Mark Saltsgiver. As they entered the gate Mark Saltsgiver stepped in front of the car and grabbed ahold of the front bumper and was rocking the car up and down. Greg talked to Clarence Geary from the driver's side and Steve Singer walked up around the back of the car. As they started to move on Singer reached in the car, opened the door, grabbed ahold of Arnburg's arm and said, "Come on, you son of a bitch, get out of the car." Singer had a piece of wood in his hand which was approximately a foot and a half long and 4 inches in diameter. Arnburg stated that he knew the three people he named because they had either worked for him or with him in outside meats. Joseph Kuehl testified that he has been employed by IBP since October 10, 1976, and is superintendent of material handling and shipping. He testified that he reported for work at approximately 5:30 a.m. on February 26 and as he approached the south truck entrance there were 10 or 12 pickets gathered around the picket shack. Some of them were carrying Local 222 picket signs and as he signaled his turn into the entrance they ran across the pavement, blocking the entrance. As he passed through the entrance, one of the individuals broke the upper right-hand corner of his windshield with a 2 by 4 and the right side of the topper was broken. The estimated damage to his 1973 Chevrolet pickup was $221. February 28: Dan Kelly testified that he is employed by Farm Products and that he reported for work on the morning of February 28; as instructed, he waited at the gate to be escorted by a foreman. While waiting, he talked to Dan Morgan, an employee picket whom he knew, who told him that if he went in to work he "would not have a pickup left." Randy Eisner testified that he has been employed by IBP since February 16 as a security guard. On February 28 he worked from 12 noon until 12 midnight. He was stationed 842 AMALGAMATED MEAT CUTTERS at the guard post near the south exit (D) known as post David. He observed the picket bus4 deposit six picketers at or about 9 p.m. at the picket shack near the south entrance. Among the six was an employee identified as William Gill whom he saw remove a slingshot from his coat and fasten it to his wrist.5 Eisner observed Gill shoot the slingshot some 10 to 20 times during a period of 15 or 20 minutes. He was able to hear objects hitting the guard shack and incoming cars and trucks reported hearing objects hit their vehicles. This situation was reported to the sheriff's office. Approxi- mately 9:30 p.m. that evening William Gill was arrested. Eisner went to Dakota City jail that night for purposes of identifying Gill. At the jail Gill was found to have hunting pellets in his possession; 6 the slingshot was found in the woodpile by the picket shack. Elsner observed damage done that evening to an IBP security unit car-the windshield was broken and there was darr lge to one side of the car. 7 March 2: Roger Wente testified that he has been employed by Iowa Beef Processors for nearly 10 years and that after working on March 2, 1977, he departed the plant through the south gate. He testified there were two pickets standing near the picket shack and as he was leaving he heard something hit his windshield but because of the heavy snow and sleet he was unable to detect anything until a few days later when he noticed a large pit and a crack in his windshield. March 9: Miss Lois Moos testified that she has been employed by Farm Products since December 6, 1976, and is the personnel manager. She testified that she arrived for work at approximately 6:45 a.m. on the morning of March 9. She observed some 50 people milling around on the county road, which is adjacent to the north boundary of the IBP property from which the Farm Products employees enter the plant. (See G.C. Exh. 6, plant entrance B.) She testified that she was driving a 1976 Dodge 1/4-ton van and as she entered the Farm Products entrance she "was bombarded from the side." She stated that she had inspected the van prior to leaving for work and after parking her car at work she inspected it and found a number of scratches and dents which cost $90 to repair. She testified that she stayed in the parking lot, which was approximately 30 feet from the entrance, where she could observe the entrance for the purpose of identifying the people entering as Farm Products employees. While standing there she observed Mary Gothier, an employee of Farm Products, carrying a clipboard and, as each car entered, she would write something down on the clipboard. Linda Castro testified that she has been employed by Farm Products for approximately 6 months and is a lead person where she does numerous jobs at the table relieving people when it is necessary for them to take a break. She related that she reported for work on the morning of March 9 in a 1966 Chevrolet station wagon but when she sought to enter the Farm Products entrance gate she was delayed because of the numerous cars that were blocking the county road which intersects with Highway 77. When 4 Richard Kelly, president of Local 222, acknowledged that Local 222 purchased an old schoolbus which was used to deliver and pick up the picketers. I Described by the witness as a hunting slingshot with a rubber hose- called a whammo. she was able to get in, people were yelling, calling her names and throwing things at the car which she believed to be either rocks or nails as they struck the car. That afternoon as she was leaving the plant by the south exit one of the picketers came up to her car, put his finger on the window, and said, "You F- Bitch, we know who you are and we will get you." The best general description of what occurred on the early morning of March 9 came from Respondents' witnesses, Barbara Coenen and Rosemary Reed. Each of them indicated that there were some 40 or more picketers there in the early morning and that Sheriff Bligh, some state troopers, and the county attorney, Mr. Fitch, were there. Coenen testified that she did not observe anyone throwing nails or rocks at the employees who sought to go to work but she did see the security guards sweeping nails from off the county road at the Farm Products entrance. She also stated that morning she saw union officials in a tan or brown colored automobile on the county road going toward Highway 77. (See G.C. Exh. 7(b) and 7(f), which were identified by Patrick Springer as pictures taken on the early morning of March 9, at or near the north gate and the testimony of Richard Kelly, president of Local 222, who identified the occupants as Leroy Bergen, financial secre- tary of Local 222; Tony Fedders, an International representative for the Union, and himself. Kelly's testimo- ny also indicated that Bill Schmitz, vice president of Local 222, had also gone to the plant with the other three named union officials on the early morning of March 9, and that the four of them had driven in the tan or brown car west on the county road from Highway 77 and had turned around and proceeded back on the county road to the intersection of Highway 77 where they were seen by some 50 to 60 pickets located adjacent to the county road between the plant entrance B and Highway 77.) Coenen related that, sometime that morning while people were still coming to work, Mr. Fitch announced on a loudspeaker that he would give the crowd 3 minutes to disperse. However, instead of dispersing, the crowd just started booing and moved back farther on the grass and sat down. After the 3 minutes had passed and the crowd failed to disperse, the officials sought to arrest a number of the individuals and general turmoil resulted. Coenen's testimo- ny indicated that the police used excessive force and that Sheriff Bligh indiscriminately sprayed people with Mace. Coenen said she was trying to help Donna Neilson, who had been shot in the face with Mace, when she turned around and Sheriff Bligh started shooting her in the face with Mace. Thereafter she was taken to the hospital where the doctor checked her and she was released. On cross-examination Coenen acknowledged that Mike Robinson was fighting an individual identified as either the state police or a security guard in plain clothes and had to be told by other employees to stop fighting. She acknowl- edged that she knew Mr. Fitch was the county attorney and, when asked why she did not leave when requested to do so by Fitch and Sheriff Bligh, she replied, "I was out s Described as small ball bearings about a quarter of an inch in diameter. 7 See G.C. Exh. 10, a certified copy of a State of Nebraska complaint against William H. Gill, which indicates that defendant pleaded guilty to the complaint reduced to a misdemeanor and paid a S100 fine and costs on March 22. 843 DECISIONS OF NATIONAL LABOR RELATIONS BOARD there for my own personal reasons. I did not leave because I thought I was doing something that was right." The testimony of Rosemary Reed paralleled that of Barbara Coenen. She testified that in the turmoil she had been sprayed with Mace and that it took 45 minutes or an hour before she was able to see again. She acknowledged that she had seen Darryl Haimmer sweeping up nails from the county road and on the Farm Products' entrance drive. Witness testified she refused to obey the request of Mr. Fitch because she felt she was in the right. After going to the hospital she returned to the plant at or about 4 o'clock that afternoon. March 16: Richard Williams testified that he has been employed by IBP for the past 2-1/2 years and normally works as a truck dispatcher. On March 16, he was working as a security guard. At approximately 9:45 a.m., while proceeding to the guard shack near the south plant entrance, he observed four or five pickets at the plant entrance and saw picket John Meyers dropping nails on the driveway. Williams testified that he went out and asked Meyers, "How come you're doing this?" but received no answer. Williams said he picked up as many as 50 nails on the driveway at entrance D that morning. March 17: Michael T. Gilbert testified that he has been employed since January 12 as a security guard for IBP. He reported for work on the evening of March 17 and worked from approximately 11:45 p.m. until 7 a.m. He was stationed at the northwest corner of the plant property in a guard shack located on top of the main building near plant entrance A (see G.C. Exh. 6). Gilbert testified that after taking his post the guard shack was bombarded with rocks approximately the size of golf balls for a considerable period of time. He stated there were probably two wheelbarrows full of rocks thrown at the shack." A window in the guard shack was broken. The rock throwing ceased after Gilbert saw the local bus used to transport the pickets arrive and the group that had been throwing the stones departed in the bus and a new group of picketers took over the picketing duties. March 20: Paul Everingham testified that he was on duty the night of March 20, at approximately 2 a.m., when picketers were observed throwing nails in the driveway at the south gate entrance. Deputy Johansen of the County Sheriffs Department identified the individuals responsible for the nail throwing as Gary Stalls and David Stalls. Another picketer that was on duty and identified that evening was Gordon Skinner. Everingham testified that between 20 and 24 nails and some screws were picked up off the driveway entrance. April 3: William Hinzman testified that he is a security guard for IBP and has been so employed since October 26, 1976. He testified that he was working on the night of April 3 at the post nearest the south entrance to the plant. According to his testimony, "Just about midnight, shortly before we had a garbage truck come in and it got some verbal harassment and at the time he was heading back out, a sheriffs car and a couple of patrol cars pulled up on the other side of the highway. The garbage truck went out 8 It is apparent from this witness' testimony on both direct and cross- examination that he became confused as to the length of time the rock throwing lasted. However, regardless of this minor confusion, I am the entrance and three of the pickets came from the truck shack, two of them walked in front of the truck as though to stop it. The one walked around on the right side and back toward the right rear, hit the side of the truck and lifted his hand up as though he was going to try and dump it. Just as soon as he done that, the sheriffs car pulled in and they jumped out as though he was going to try and stop the sheriffs car too, until he saw who it was and then the two that were in front of the truck went back toward their picket shack and he started to back off toward the picket shack too but the highway patrolman stopped him." He further testified that Gordon Skinner was placed in a patrol car and taken to Dakota City. Sheriff Alan Bligh confirmed Hinzman's testimony by stating that, at approximately 12:35 a.m. on April 3, he arrested Gordon Skinner for having hammered with either his fists, or another object, a truck exiting the IBP plant. April 3: Mrs. Carol Juliano testified that her husband, John Juliano, is assistant vice president of corporate services for IBP. She stated that she had visited the IBP facility about midnight on April 3 in the company of her husband, where they stayed for approximately 20 minutes. Upon leaving they exited the south entrance. She observed several pickets and, when they stopped their car, Gordon Skinner "walked over to the car and asked us if we would like to have our house blown up and I recall he called my husband a scab and used a lot of foul language." April 13: Steven Mahan testified that he was hitchhiking on April 13 and caught a ride with a girl who worked at Farm Products and he and another individual named Gordon Schull, whom he met that day for the first time, proceeded to Farm Products with the girl named Jeanette and there they applied for a job. After completing applications for employment, Schull and Mahan hitch- hiked back to South Sioux City (a distance of approximate- ly 3 miles from the plant) where they happened to meet Jack Breedlove. Mahan testified Breedlove was yelling at some police officers about something to do with the strike and he and Schull thought Breedlove was yelling at them so they went over and asked him what was wrong. After a conversation, Breedlove gave them a ride out by the IBP plant where he waved to the strikers and then turned around and came back to town where Breedlove took them to the strike headquarters. There they were asked to complete a statement saying that they had not been told anything about the strike at the time they sought employ- ment. After completing the statement and giving it to a man described as short, heavyset, and wearing glasses, Mahan was told that after the strike was over he would be given ajob. After leaving the strike headquarters they proceeded in Jack Breedlove's car and got something to eat which was taken to Jack's house. While there, Breedlove received a telephone call which Breedlove told them had something to do with the IBP plant and that it was big. In the conversation that followed, the subject of slashing tires was brought up. Mahan testified, "I don't recall who brought it up, whether it was Gordon or Jack, but Jack asked Gordon convinced that he was accurate and honest in his tesumony regarding the fact that the guard shack was stoned. 844 AMALGAMATED MEAT CUTTERS if he had anything to cut the tires with and Gordon said he had a pocket knife, and Jack said that wouldn't do it and handed him a butcher knife. Breedlove told him to be sure and wipe the fingerprints off the knife after using it. Then they were taken by Breedlove in his truck to the back of the plant on the county road where they were let out and proceeded to gain entrance into the IBP property by climbing over three fences. After gaining entrance to the IBP property, Mahan said he proceeded directly to "Jeanette's car where he watched Gordon Schull slice or cut approximately 10 tires on cars in the parking lot. Then Schull came to the car and told him that it was his turn and handed Mahan the pocket knife. Mahan said that, while he was working his way up to where Schull had stopped, he saw the IBP security cars coming and he dropped the knife. The IBP security guard stopped him and he was taken to jail by the county sheriffs. On cross-examination Mahan acknowledged that he had been drinking some beer during the afternoon and evening and Gordon Schull had been drinking some whiskey. Respondent's counsel also sought to cast some doubt on the credibility of this witness' testimony by exhibiting a statement given to the Union in which Mahan had said that he was given a job at Farm Products. Mahan acknowledged from the witness stand that he was never actually hired but that because Farm Products was hiring nearly everyone that applied for a job he just assumed that he had a job. I do not regard this minor inconsistency as totally destroying the credibility of Mahan. Sheriff Alan Bligh testified that he was involved and familiar with the arrest report of Gordon Schull and Steve Mahan, who were arrested on the night of April 13 at the IBP facility in connection with the slicing of the tires on some 20 or 21 automobiles. D. Incidents Away From the IBP Property March 7: Gerald Centra testified that he has been employed by Farm Products since the first of February where his wife was also employed for a period of time. Both Mr. and Mrs. Centra worked on March 7 and departed the plant at approximately 4 o'clock, using the Farm Products entrance or gate "B," where they proceeded north on Highway 77. As they stopped at the stop sign for Highway 77, Centra said several things happened. Linda Engel and another girl, first name Mary, were waving sticks and saying, "Don't come back in this plant again or else" and were calling everybody filthy names. Centra said his sister- in-law and two brothers-in-law were also in the car. After that Dave Thornton started banging on the car with his picket sign and said, "I'll get you, you f- scab." At that time he saw another picket make a motion as if to throw a rock at which time his sister-in-law yelled, "We have a baby in the car. Don't throw the rock," and he put it down. As they pulled away from the stop sign and proceeded b Respondent's bnef makes much of the fact that the transcript indicates that Washburn identified Morgan and Morgan's truck as being in G.C. Exh. 7(tt), which would be inaccurate, and thus Washburn is confused. It is apparent, however, that either the General Counsel inadvertently spoke the wrong letters when showing Washburn the exhibit, or the transcript is in error, because on cross-examination the witness was asked: "This picture you have in front of you now, Exhibit 7(qq). was that one of the northward on Highway 77, Dan Morgan followed them in a mustard yellow pickup truck. The witness identified General Counsel's Exhibit 7(kk) as being the truck which followed them until they made a stop at a liquor store. Morgan waited in his truck and, after they left, he followed them to their home. Centra testified that he was able to identify both Dan Morgan and Linda Engel because he had known them previously. March 9: Connie Brewer testified that she was first employed by Farm Products on December 7, 1976, and at the time of the strike she was working at trimming New York strip steaks. Witness testified that she knew Linda Engel as a fellow employee and that she had purchased a dress from her through a catalog for which she had paid cash. On March 9, she was able to reach Linda Engel by telephone to inquire concerning the dress. According to Brewer, when Linda Engel came to the phone she was screaming rather hysterically and said to her, "Listen, here, you f- scab, if you would not have gone out to work, I would not have gotten Mace sprayed in my face," after which she then threatened Brewer that she had better not walk down the street alone anymore. Brewer identified Linda Engel's picture which appears in the International's publication, "The Butcher Workmen" (see G.C. Exh. 8). Fred Washburn testified that he has been employed by Farm Products Company for approximately 3-1/2 months and on March 9 he departed from work at approximately 4:30 in the afternoon and sought to exit from the north gate. Washburn said, as he came out of the gate, pickets began beating on his car with their picket signs and after he stopped at the stop sign for Highway 77 a yellow four- wheel-drive Ford, driven by Dan Morgan, pulled up behind him and began pushing him into the intersection. After the traffic cleared and Washburn turned north on Highway 77, he was followed by Dan Morgan. When he turned on Interstate 29 East, Morgan continued to follow him and, when he attempted to go across the bridge, Morgan speeded up and pulled onto the right side of him resulting in the right side of his car being damaged. Following that Washburn testified that he drove at speeds as high as 90 miles an hour attempting to elude Morgan, but was only able to do so after some 10 miles of chase, when Morgan got ahead of him and for some unexplained reason was unable to get his car started again.9 March 18: Tom Jansen testified that he has been employed by Farm Products for 3-1/2 months and that he works as a beef lugger unloading beef carcasses to be processed. Jansen stated that he had formerly worked for Flavorland Beef from August 15 until December 1, 1976, during which time he had attended union meetings and that Max Bekish, vice president of the Flavorland unit of Local Union P-1 142, affiliated with the International, had presided over those meetings. On March 18, upon return- ing home from work at Farm Products, he was told by his wife that he had received a telephone call during the day photographs you were shown?" G.C. Exh. 7(qq) does accurately depict Morgan and his truck as identified not only by Washburn but also by several other witnesses, Washburn was not asked to identify any other pictures and I am certain that the one he was asked about on cross- examination (G.C. Exh. 7(qq)) is the same picture that he was asked to identify by the General Counsel. Additionally. G.C Exh. 7(tt) is not included in the record and I am of the opinion it was not offered. 845 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and was asked to call Max. When he was unsuccessful in reaching Max at the union headquarters he received Max's home telephone number from a girl in the union office. When he telephoned Max, he was questioned as to why he was working at Farm Products and was told that the International had the information that he was working and that they had his number. Max explained, "Tom, they know where you live, they know what car you drive and you'd better start watching yourself." When Jansen asked Max if his life was in danger, Max replied, "No, I cannot tell you this." After which Bekish hung up. Max Bekish testified for the Respondent and acknowl- edged the telephone conversation with Tom Jansen on or about March 18, but stated that he was only interested in informing Jansen that inasmuch as he was now working for Farm Products and crossing the picket line he would no longer be eligible for strike benefits from Flavorland. Bekish denied that he told Jansen he had received a list from the International Union concerning Jansen and stated that he told Jansen he had received the information from another local member. April 15: Robert Albertson testified that he has been employed by Farm Products approximately 2-1/2 months. He stated that his wife is also employed by Farm Products and works the same shift from 3 to 11:30 p.m. On April 15, they left the plant at the north entrance, or entrance "B," after which he drove north and took the new bridge on 1- 29 toward his home. Albertson testified, "I got up to where it meets Morningside Avenue and a car passed me and three people got out of the car after we stopped for the stop sign, and they had clubs, and they came back for me and when they were coming back, they were hollering at me, so I put the car in reverse and started backing up, and when I started backing up they went back toward their car and I went down the other way." When asked if he could hear what they were hollering, he replied, "They said that I had better quit coming to work or they was going to take and beat me up or do something to my car." On cross- examination, when asked if they followed him after he backed up, Albertson replied, They could not have followed me, if they wanted to, because I lost them anyway. You were going pretty fast? Right. I was not going to get my head beat in. Now you say they had clubs? What kind of clubs were they carrying? I don't know. It could have been a baseball bat or something like that, you know. April 30: Linda Castro testified regarding an incident that occurred at a drive-in theater on April 30. (See her testimony relating to the March 9 incident at page 7, where she testified regarding a threat as she attempted to exit the plant.) Ms. Castro stated that she had gone to a drive-in theater with her husband, her brother, and her small son. At approximately 7:30 p.m. she went to the refreshment stand with her son when she heard someone call her name. She continued on but, when she returned, the person got out of the car and yelled her name. She identified the individual as Chris Zagrophis. Ms. Castro stated that she recognized Zagrophis because she had known him when she had worked for IBP in 1975. Ms. Castro said that, when she went over to the car, Zagrophis asked her if she was working and when she replied no, he said, "Well, we know you are." Zagrophis then told her "that if I did not quit, that I would be sorry and me and my son would be sorry." During the conversation, which she estimated lasted 4 or 5 minutes, Zagrophis removed a gun from the glove compart- ment of the car and kept it pointed at her rib cage. During the conversation Zagrophis said that "when Sparsely finds out about this, there will definitely be trouble." Ms. Castro explained that Sparsely was an individual employed at the plant with whom she had had some difficulty. Ms. Castro filed a criminal charge with the State of Iowa against Mr. Zagrophis, which was pending at the time of the hearing. April 12: Kathy Kovarna testified that she had been employed by Farm Products prior to the strike and that she had gone out on strike on February 26. However, because of her financial condition she decided that she would return to work; she contacted the Company by telephone on April 11 and was told to report to the gate the next day and someone would meet her there. She said later that day she received a phone call from an unidentified person who warned her, "If you think anything good of yourself, you won't go through that gate today." On the following day, April 12, when she attempted to go to work, she stated that just a short distance from her house three cars blocked the road and when she stopped she was yanked out of her car, grabbed by her hand, and slammed up against the car and someone said, "We will fix her so she don't go to work." Someone else said, "We will fix her so she won't work permanently." Kovarna testified that before she stopped her car she had honked her horn with a certain signal known to her husband and the men working for him, and that they responded before any further damage was done and the individuals hastily left in their cars. She identified one of her attackers as Pete Lundahl. May 10: A. J. Rippatoe testified that he has been employed by Farm Products since April; that he operates an M-3 type power saw. Rippatoe testified that he drives a 1968 Cadillac El Dorado and on May 10, at approximately 8:30 or 9 p.m. as he was exiting from the Farm Products gate, his car was hit with a rock thrown across the hood of his car and another rock hit the trunk lid. He testified that the individual who threw the rock was standing just outside the picket shack. May 16: Roberta Risner testified that she is a security guard and has been employed by Iowa Beef Processors for 3 years. On May 16, she was working the daylight shift in the vicinity of Post David, or Gate "D". Between 1 I and 12 a.m., while standing in the guard shack, she was able to observe the pickets dispersing nails in the entranceway to the plant. Risner testified that she was able to observe the road through the use of binoculars and that prior to I I o'clock there had not been any nails on the driveway. E. Miscellaneous Evidence Patrick Springer testified that he has been employed by IBP for approximately 2 years and during the period from February 26 through the end of March he was assigned the responsibility of cameraman and equipment monitor for the security department. He identified General Counsel's 846 AMALGAMATED MEAT CUTTERS Exhibits 3, 4, and 5 as video tapes taken by Mr. Larry Baugher or himself or were automatically recorded by a stationary camera placed on the roof of the IBP adminis- tration building. Springer identified General Counsel's Exhibit 3 as containing four tapes which were taken by Mr. Baugher and himself with a portion having been taken by the stationary camera from the roof of the administration building on March 9. General Counsel's Exhibit 4 contains a video tape taken by Mr. Baugher on the afternoon of March 9. General Counsel's Exhibit 5 contains several sequences, all of which were taken by the stationary camera from the roof of the administration building on various dates between March 5 and March 21.10 Springer also testified that he took a number of pictures with a still camera and he identified a number of General Counsel's Exhibits, explaining when they were taken and what they depict. G.C. Exh. (a), picture of a green Camaro driven by George Tsoibanos taken on the afternoon of March 9 at the south gate because it was hindering the egress and ingress of traffic to and from the plant. G.C. Exh. 7(b), picture of an automobile taken on the morning of March 9 at the north gate showing three union officials-Tony Fedders, Richard Kelly, and Bill Schmitz. G.C. Exh. 7(c), a picture taken on the afternoon of March 9 at approximately 3:30 near the north gate depicting Union Official Bill Schmitz. (Lois Moos, a personnel manager for Farm Products, identified the other two individuals as Betty Williams and Linda Engel.) G.C. Exh. 7(d), a picture taken on March 9 at approximately 3:30 p.m. showing Harry Loraditch in the background. (Lois Moos also identified the two girls in the foreground as Betty Williams and Linda Engel.) G.C. Exh. 7(e), a picture taken on March 9 at approximately 3:30 near the Farm Products gate showing George Tsoibanos, apparently in the act of throwing something. Springer testified he took the picture because Tsoibanos directed some foul language at him and threw a rock which hit his car. G.C. Exh. 7(f), picture of an automobile taken on the early morning of March 9 containing Union Officials Fedders, Kelly, and Schmitz. G.C. Exhs. 7(g) and (h), pictures taken on the morning of March 9 at the Farm Products gate of individuals who appeared to be taking down license plate numbers of cars entering and leaving the IBP property. G.C. Exhs. 7(m) through (p), pictures taken at the Farm Products gate at approximately 7:15 or 7:30 a.m. on March 9, showing the large number of pickets at the 10 While I regarded the video tapes as having been fully authenticated and relevant to the issues at hand, the General Counsel elected not to exhibit these video tapes in the courtroom and I have not viewed them in the privacy of my chambers. Because they were not shown in the courtroom, the General Counsel included material in his brief which I am sure was intended only to aid the court in relating this material to testimony of the numerous witnesses. However, a motion to strike that portion of the General Counsel's brief was received from Respondent's counsel on the theory that it was entrance area. (Lois Moos identified individuals shown in 7(m) as Barbara Coenen, Mary Gothier, Rudolph Munoz, Mary Merkley, John Myers, Cindy Moret, Emma Brown, Herbert Hastings, and Richard and Robert Verbeski. Moos further identified individuals shown in G.C. Exh. 7(n) as Mary Gothier, Frances Grubbs, Mary Merkley, Melody Arwood, Bernice Damrau, Mary Farenholtz, Joann Heinman, Clinton Barrs, and Cindy Moret. Moos testified that all of these were Farm Products employees who were on strike and picketing on the early morning of March 9. Moos further identified individuals in G.C. Exh. 7(o) as Mary Gothier, Frances Grubbs, John Myers, Mary Faren- holtz, Clinton Barrs, Joann Heinman, and Lois Davis. Frances Grubbs was identified as an IBP employee and the others as Farm Products employees, all of whom were striking at that time. Moos further identified the individuals shown in G.C. Exh. 7(p) as Mary Gothier, Barbara Coenen, Richard and Robert Verbeski, Emma Brown, Mary Merkley, Ted Drumm, and John Myers.) G.C. Exhs. 7(q) through (t), pictures taken on the early morning of March 1, depicting blockage of the main plant entrance (entrance "C" as shown on G.C. Exh. 6), with firewood logs. Glass can also be seen in the pictures on the driveway. G.C. Exhs. 7(u) through 7(ii), pictures taken on the early morning of March I depicting numerous indivi- duals at varying times copying down the license number of cars entering and leaving the IBP property. Pictures were taken at the south gate. G.C. Exh. 7(ij), picture taken at the south gate in the early afternoon of March 9. Springer testified that the individuals standing directly in front of the vehicle were preventing the employee, a secretary named Marietta Adams, from entering the plant. G.C. Exhs. 7(kk) and 7 (qq), pictures taken on the afternoon of March 3 at the north gate showing an employee named Daniel Morgan in a yellow pickup truck. (Lois Moos also identified Danny Morgan as the occupant shown in G.C. Exhs. 7(qq) and 7(kk) and further identified the second individual shown in G.C. Exh. 7(kk) as Danny Bennett. Washburn also identified Dan Morgan as the individual pictured in G.C. Exh. 7(qq).) G.C. Exh. 7(mm), a picture taken at the Farm Products gate on March 9 at approximately 3:30 in the afternoon depicting Tony Fedders, an International representative, driving a tan automobile. G.C. Exh. 7(pp), a picture taken at the Farm Products entrance at approximately 3:30 in the after- noon of March 9 depicting George Tsoibanos and Gennatos Vaeos. G.C. Exh. 7(rr), a picture taken on March 9 between 3:30 and 4 p.m. at the south gate. (Lois Moos evidentiary material not offered at the hearing. I believe that I am entitled to view these video tapes. Representations were made before me at the hearing that the Federal district judge had viewed the same tapes in the course of receiving evidence in connection with the temporary injunction. Neverthe- less, out of an abundance of caution, I have not done so. Findings and conclusions herein are based on the still pictures and the credited testimony of General Counsel's witnesses. 847 DECISIONS OF NATIONAL LABOR RELATIONS BOARD identified Donna Wahler, Harry Loraditch, and Rod- ney Crofoot as three individuals shown standing in the entranceway at the south gate.) G.C. Exh. 7(11), a picture taken between 3:30 and 4 p.m. on March 9 at the south gate. (Wendy Speece, a production trainer for approximately 5 years for IBP, identified individuals shown in G.C. Exh. 7(11) as Debbie Fankhauser, Rodney Crofoot, Deanna Mercer, George Tsoibanos, and Gennatos Vaeos.) G.C. Exh. 7(uu), a picture taken between 3:30 and 4 p.m. on March 9 at the south entrance of the IBP properties. (Lois Moos identified Harry Loraditch and Rodney Crofoot as being shown in the picture standing in the driveway.) G.C. Exh. 7(vv), a picture taken between 3:30 and 4 p.m. on March 9 at the south entrance gate of the IBP property. (Wendy Speece identified two of the individu- als shown as Angel Lopez and Rodney Crofoot.) F. Testimony of Respondents' Witnesses Max Bekish was called by the Respondents and stated that he is vice president of the Flavorland Beef unit of Local Union P-1142, affiliated with the International. He testified that he does not hold any office in either the International or in Local 222. As indicated earlier herein, he acknowledged the conversation with Tom Jansen on March 18, but denied that it was anything more than a mere inquiry as to whether or not Jansen was working because it related to whether or not he was to continue receiving strike benefits. Edward Combs was called by the Respondents and testified that he has been employed by IBP since August 1972 and that he went out on strike on February 26 and was on picket duty from approximately 12 midnight until 3:30 a.m. at the south entrance to the IBP property. He testified that the trucks were coming out of the plant in a reckless and careless manner and were swerving toward the pickets. He stated that Sheriff Bligh was there and announced on the loudspeaker to the pickets, "Get out of the way. They're not going to stop." Combs stated that the truck which injured Pete Lundahl did not have the windshield broken and he did not see any other damage to the truck. Combs said that he went to the hospital with Lundahl in the rescue squad car. Combs stated that he did see windshields broken that evening and that he did some throwing in self-defense of pieces of firewood. On cross- examination Combs said that Pete Lundahl had received a badly bruised leg and as a result of the injury he developed a limp that lasted for approximately a month (which agreed with the description of Lundahl given by Kathy Kovarna). Combs acknowledged that there were 20 or 25 pickets that evening and that he had received his picket sign from a man in a blue panel truck that must have been a union officer whose name he did not know. Witness acknowl- edged that other pickets were throwing things at the truck. As indicated earlier herein Barbara Coenen and Rose- mary Reed each testified regarding the general turmoil resulting on the morning of March 9 when the large number of pickets massed at the Farm Products entrance area refused to disperse as requested by the county attorney. Their testimony sought to show that the police had used excessive force. Mary Gothier stated that she had been employed by Farm Products since November 22, 1976, and that she had been on strike since February 26. She is acquainted with Dan Kelly and had been told that he had signed the card requesting that the company union representing Farm Products employees be rescinded and that the employees be represented by the Respondents. As a consequence, she said, when she saw him pull into the Crystal truckstop on March 21 she and her friends Dan Bennett and Barbara Coenen decided they would follow him to his home in order to talk to him concerning the strike. When asked why she had honked her horn and flashed her lights at Kelly if it was her intent to talk to him regarding the strike at his home, she replied, "I guess he would know it was me, you know." Gothier acknowledged that she had a notebook and pencil on the morning of March 9 and was recording license numbers and names of people she knew were working in the plant that morning. She denied making any threats such as, "You better not be here tomorrow or you will really have problems." Richard Kelly stated that he is president of Local 222 and that there are approximately 2,040 to 2,060 employees on strike at IBP and Farm Products. He stated that picketing has been continuous since February 26 on a 24- hour basis, 7 days a week. The picketing shifts run for 3 hours and the individuals are transported to and from their picketing posts in a former schoolbus now owned by Local 222. At the beginning of the strike there were four picket captains and later this was changed to six. Kelly served as one of the picket captains and acknowledged that he was at the plant on March 9 accompanied by Tony Fedders, Bill Schmitz, and Leroy Burgon because they had heard there was to be a demonstration. He stated that after making the trip down the county road past the Farm Products entrance gate and returning to Highway 77 the group went to the Crystal Cafe for a cup of coffee and then returned between 7:30 and 8 a.m. and parked their car between plant entrance B and plant entrance C alongside Highway 77. Witness said from there he observed the wild scene (following the refusal of the group to disperse as directed by County Attorney Fitch) after the sheriff and police had sprayed the people with Mace. Kelly acknowledged that there had been a picture posted at the strike headquarters with a caption "Scab of the Week" and that a list of names of individuals who were working at Farm Products had also been posted. Kelly said these documents were taken down when it was suggested by counsel for the General Counsel during the course of his investigation that it should be done. While Kelly was a little uncertain, he was of the opinion that Respondents' Exhibit 5 (a notice regarding picketing procedures) was posted sometime around April 11 at the union headquarters and that one copy was posted in the bus used to transport the picketers to and from their assigned stations. He denied knowledge of any local union or International officer ever having authorized or instruct- ed the pickets to perform any acts of violence and stated that he had not seen any acts of violence. Lewie Anderson testified that he had a series of meetings with the pickets the latter part of March 1977 in which he 848 AMALGAMATED MEAT CUTTERS reviewed the status of the bargaining negotiations and advised the strikers that it was against the law to engage in actions of violence. Anderson said that he was chairman of a meeting held at the Atakad Racetrack in South Sioux City, Nebraska, on April 3 for the purpose of reviewing in detail the status of the negotiations and "then to conduct a secret ballot election in which the members would decide whether they wanted to accept or reject the Company's contract offer or proposals of February 24, 1977." At this meeting Anderson testified, "I told them I could not tell them they could go out there and kick somebody's ass or tear somebody's head off, and that the government would come down on us, obviously, if I gave them that type of blessing to do that, and that whatever their activity was, that it was going to have to be within the confines of the law." Anderson said that he had never authorized, suggested, asked, or directed any person to commit any such acts of violence on the picket line. He stated that he had requested some of the officers of the Local Union to record license plate numbers of cars going in and out of the IBP property because the Union had unfair labor practice charges filed against Farm Products Company and they wanted to know how many people were going to work for Farm Products; in addition the Flavorland Beef Local chairman had asked for that information because he thought some of his strikers were working at Farm Products. Consideration of the Testimony Other than (I) the testimony of Max Bekish, who sought to explain his lack of knowledge,-authority, or participation in the instant strike and to deny having warned Tom Jansen of possible dangers to his person and (2) the testimony of Mary Gothier in which she sought to explain the peaceful and lawful purpose of the pursuit by Dan Bennett, Barbara Coenen, and herself of Dan Kelly on March 21, and (3) the testimony of Ed Combs who sought to attribute misconduct to the truckdrivers on the early morning of February 26 for the injury of striker Pete Lundahl and the subsequent retaliation of other strikers, the numerous incidents described by General Counsel's witnesses stand in the record undenied. The testimony of Barbara Coenen and Rosemary Reed, if accepted in its entirety as credible, does nothing more than tend to show that the law enforcement officers for the State of Nebraska may have used excessive force in breaking up the large crowd gathered at the Farm Products entrance on the morning of March 9. The crowd refused to disperse as requested by the county attorney because they "thought what they were doing was right." The testimony of Mary Gothier as to why she and two striking companions chased Dan Kelly is too incredible for belief and is rejected out of hand as being totally contrived. While it is entirely probable that trucks seeking to exit the IBP property moved at a more rapid rate than normal in order to avoid damage to their tractor or trailer, I am not prepared to believe that this was done without provocation on the part of the striking employees and fear on the part 1 United Mine Workers of America v. Eastover Mining Co., 95 LRRM 2830, 81 LC 13,240(1977). of the drivers that it was necessary in order to protect their property and themselves from personal injury. IV. CONCLUSIONS A. Respondents' Arguments Respondents' counsel argues that neither Local 222 nor the International is responsible for misconduct that may have occurred. Counsel argues "the International is not involved in the conduct of the strike," even though the strikes against IBP and Farm Products are sanctioned by the International, part of the strike benefits are paid by the International and Tony Fedders, an International repre- sentative, was assigned to counsel and advise the Local in all strike matters. Local 222 is not responsible because neither Mr. Kelly nor Mr. Anderson instructed, suggested, nor advised that any acts of violence or misconduct be committed, counsel argues. Counsel also argues that the recording of license plate numbers is not unlawful in absence of proof of an unlawful purpose. Counsel cites American Steamship Company, a Subsidiary of General American Transportation Corporation, 222 NLRB 1226 (1976), to show that mere affiliation between a local and an international is not proof of responsibility on the part of the international. However, in the cited case the local and the international operated under separate constitutions and bylaws. The international constitution provided that, "the autonomy and integrity of each organization affiliated with this International shall be maintained, preserved and inviolate .... " Moreover, there was no evidence in American Steamship to show that any officer or employee of the international had knowledge "of the events surrounding the requests [by its affiliate] for Kuznicki's discharge." Those facts are different from the instant dispute. An International representative was as- signed to counsel and direct the Local in its strike activities; the International acknowledged in its national publication, "The Butcher Workmen," the broad extent of its commitment to and support of Local 222. In Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, AFL-CIO (Plym- outh and Brockton Street Railway Company), 142 NLRB 174 (1963), cited by Respondents' counsel, the international was not held responsible where the international had authorized the strike and was the source of strike benefits, but again it was because there was no evidence that any "international representative" was in Plymouth [situs of the strike] at any time during the strike." Both Fedders and Anderson have been on the scene and have participated in the instruction, or lack of instruction, of the pickets in the instant case. Counsel also cites a Supreme Court of Kentucky cased1 which holds that "unions may only be held responsible for the authorized or ratified actions of their officers and agents." This is not the law as expressed by Board and Federal court decisions. 849 DECISIONS OF NATIONAL LABOR RELATIONS BOARD B. Analysis and Legal Considerations There can be no question but that both the International and Local 222 must share equally the responsibility for the strike and the attendant acts of violence and illegality that have occurred. The International is the certified bargaining representative; the role of the Local is the day-to-day administration of the contract which is negotiated with representatives of both the International and the Local sitting at the bargaining table; the International has had a representative present to advise and counsel at all times (Tony Fedders) and a business agent from the Local who works full time at the International headquarters has been a key spokesman and leader of the employees both at the bargaining table and during the strike (Lewie Anderson); the International and its District I have provided the strike funds; as set forth in the International's publication, "The force of the entire amalgamated organization, from the International Union to each individual member," has come to the aid of Local 222. Local 222 has supplied the picket shacks and portable toilets; it has established picketing schedules, appointed picket captains and group leaders for each station and shift; the Local has provided transportation to and from the picket lines; and has maintained a recordkeeping system of those individuals who qualify for and are paid strike benefits. While no one offered the constitution and/or bylaws of either organization-which may have spelled out the relationships and responsibilities of each more clearly- under the factual situation existing here, there can be no doubt that this strike is a joint venture of both the International and Local 222.12 Where two unions conduct a strike as a joint venture, each is responsible for the conduct of the agents of either. ' 3 Respondents' brief quotes rather extensively from a recent Board decision that accurately summarizes the applicable law of union responsibility as follows: 14 In determining whether a union is responsible for the misconduct of persons engaged in picketing, the Board applies the "ordinary law of agency." 2 The Board will, in applying these agency principles, impute the conduct of the union's pickets to the union only where it is shown that the union, either actually or impliedly, authorized the picket's conduct beforehand or ratified the conduct after it occurred. For example, where an authorized union representative such as a union official or picket captain participates in picketing misconduct or is present at the time the misconduct occurs, the Board will not hesitate to find that the union is responsible. 3 Similarly, where the union has knowledge of its pickets' misconduct, but fails to take steps "reasonably calculated" to control that misconduct, the Board readily imputes responsibility for the misconduct to the union.4 Where, however, pickets engage in misconduct which has been specifically forbidden by 12 See International Brotherhood of Pulp, Sulphite and Paper Workers, AFL-CIO (Solo Cup Company), 144 NLRB 421, 422 (1963), affd. 337 F.2d 608 (C.A. 4, 1964); also United Papermakers and Paperworkers, Local No. 321, AFL-CIO (Philip Carey Mfg. Company), 159 NLRB 193, 197 (1966). i3 Ibid. I4 Teamsters Local 860, International Brotherhood of Teamsters, Chauff- the union, and this misconduct is not brought to the union's attention, or is of an isolated or nonrecurring nature (so that the union has no opportunity to prevent it from recurring), the union will not be held responsi- ble for that misconduct.5 2 See International Longshoremen's and Warehousemen's Union, C.I.O., et at., (Sunset Line and Twine Company), 79 NLRB 1487 (1948); Lithographers and Photoengravers International Union, AFL-CIO, CLC, and Memphis Local 233, Lithographers and Photoengravers International Union, AFL CIO, CLC (Holiday Press, a Division of Holiday Inns, Inc.), 193 NLRB 11, 19(1971). 3 Teamsters Local 115, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent (E.J. Lavino & Company), 157 NLRB 1637, 1642-43 (1966). ' Teamsters Local 783, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Coca-Cola Bottling Company of Louisville), 160 NLRB 1776(1966). 5 See International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, Local 182, Utica, New York and Vicinity, AFL (Jay-K Independent Lumber Corp.), 108 NLRB 1323, 1325 (1954), and Coca-Cola Bottling Company of Louisville, supra. Respondents' counsel failed to point out, however, that in dismissing the particular case the Board said: For here, despite Respondent's responsible attempts to avoid picket line problems, pickets engaged in prohibited conduct without Respondent's knowledge, and in disre- gard of Respondent's specific instructions. [Emphasis supplied.] It was impossible for the Respondents here to escape knowledge. Acts of violence and wrongful conduct on the picket line started within hours of the start of the strike and have continued almost to the start of this hearing. The Respondents have done nothing toward taking corrective action against those individuals responsible for the wrong- ful conduct. Picket line conduct and responsibility was never posted until mid-April and then only at the union headquarters and in the picket bus. No effort was made to broadly disseminate the information to all the pickets or to make it available at a time and place where it might be read and studied. The Respondents have done nothing to disavow the misconduct of the pickets.1 5 To the contrary, the few words spoken tend to suggest that individuals might act with violence on their own, but the Union could not tell them to do so. (Anderson at the Atakad April 3 meeting.) Most of the applicable law governing this type of case was recently set forth by the Administrative Law Judge in Local 248, Meat & Allied Food Workers, etc., 222 NLRB 1023, 1034 (1976), which was in relevant part affirmed by the Board. Some of what was said there is set forth below. There is no question that the picket captains were the agents of the Union representing it in the general area of the strike and thus responsible for acts occurring within the scope of that general authority even if not specifically authorized or indeed specifically forbidden. International Longshoremen's and Warehousemen's eurs, Warehousemen & Helpers ofAmerica (Delta Lines, Inc.), 229 NLRB 993. 994 (1977). 15 Local 30, United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, AFL-CIO (Associated Builders and Con- tractors, Inc.), 227 NLRB 1851 (1977). 850 AMALGAMATED MEAT CUTTERS Union, C. .O. (Sunset Line and Twine Company), 79 NLRB 1487 (1948). Moreover, while individual union members as such cannot be considered agents of the Union per se, Sunset Line and Twine Company, supra, 79 NLRB at 1508, authorized pickets who are paid strike benefits can. Teamsters, Chauffeurs, Helpers & Taxicab Drivers Local Union 327, (Coca-Cola Bottling Works of Nashville), 184 NLRB 84, 94 (1970). Thus there is no question that misconduct by picket line captains and pickets on the picket lines is attributable to the Union. Nor is it necessary that the individual identity of the pickets be established. Service Employees International Union, Local No. 50, AFL-CIO (Our Lady of Perpetual Help Nursing Home, Inc.), 208 NLRB 117 (1974); International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Local 696 (The Kargard Company), 196 NLRB 645 (1972); General Drivers and Dairy Employees Local Union 563 (Northern Contractors Supply, Inc.), 183 NLRB 1023 (1970); Drivers, Salesmen, Warehousemen, Milk Processors, Cannery, Dairy Employees and Helpers Union Local 695, IBT (Tony Pellitteri Trucking Service, Inc.), 174 NLRB 753 (1969). In the Kargard case, supra, 196 NLRB at 650 fn. 11, it was stated that where the "overall facts clearly reveal that the [misconduct] was caused by pickets" it was not "necessary to determine the exact picket who caused the [misconduct]." The Board has stated many times that "a union which calls a strike must retain control over the pickets in whatever manner it deems necessary in order to insure that they do not act improperly. If a union is unwilling, or unable, to take the necessary steps to control its pickets it must then bear the responsibility for their misconduct." 16 It has long been settled that unions are normally responsi- ble for the conduct of authorized pickets."7 Where, as here, the pickets were delivered to and from the picket line in a union-owned bus and paid their strike benefits based on the regular performance of their picketing duties there can be no doubt of the Respondents' responsibility. Nor, as was said by the Board in Local 248, supra, does Respondents' responsibility and liability disappear when nonstriking employees are followed, threatened, or assault- ed away from the picket line when it is in effect an "extension of picket line misconduct." Is Section 7 of the Act provides, in relevant part, that employees shall have the right to "self-organization, to form, join, or assist labor organizations ... and shall have the right to refrainfrom any or all such activities. " (Emphasis supplied.) Threats and assaults, no matter where they take place, by their very nature restrain and coerce employees in exercising their rights as guaranteed in Section 7 of the Act. Repeated threats of physical assault on the picket line, accompanied by telephone calls and overt acts of intimida- tion away from the picket line, are coercive and, under the circumstances of this case, violative of Section 8(b)(1)(A) of the Act. 1I Drivers. Salesmen. Warehousemen, Milk Processors. Cannerv. Dair, Employees and Helperv Union Local 695. I.B T (Tony Pellitteri Trucking Service, Inc.), 174 NLRB 753, 758 (1969). " Teamsters, Chauffeurs. Helpers & Taxicab Drivers Local Union 327, et at (Coca-Cola Bottling Works of Vashville), 184 NLRB 84 (1970). While I remain deeply suspicious and feel that an inference of responsibility on the part of the Respondents for the tire-slashing incident of April 13 as related by Steve Mahan, in the context of this case, might logically follow, nevertheless I shall not find the Respondents to have violated the Act in this regard. The testimony of Mahan is not only suspect, but also too vague and indefinite to link the illegal conduct to either of the Respondents. I shall also recommend dismissal of the alleged telephone threat to Tom Jansen by Max Bekish as not being coercive. Additionally, the proof was insufficient to show that Bekish was an agent of either of the Respondents. The incident regarding the pitted and cracked windshield related by Roger Wente shall also be dismissed because of insufficient proof that the damage was actually caused or related to misconduct on the picket line. All other incidents set forth in the text herein I find the Respondents, jointly and individually, to be responsible for and by such conduct to have violated Section 8(bX)(I)(A) of the Act. V. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondents as set forth in section III, above, occurring in connection with the employers' operations described in section I, above, have a close, intimate, and substantial relationship 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. VI. THE REMEDY Having found that the Respondents have engaged in and is engaging in certain unfair labor practices, it shall be recommended that each of them cease and desist there- from, and take certain affirmative action designed to effectuate the policies of the Act. Posting of the usual notice in the usual places will not in my opinion effectuate the policies of the Act by reaching all of the strikers, thus I shall direct that copies of the notice after being signed by a responsible officer for Local 222 and a responsible officer for the International be reproduced and mailed to every employee whom the Respondents stated at the time of the hearing were still carried as strikers (approximately 2,040 to 2,060). In view of the extensive nature of the Respondents' unfair labor practices committed over a long period of time, I shall recommend that the Respondents and each of them cease and desist from restraining or coercing in any manner employees in the exercise of rights guaranteed by Section 7 of the Act. Local 30, United Slate, Tile and Composition Roofers (Kitson Bros., Inc.), 228 NLRB 652 (1977); Local 248, Meat & Allied Food Workers, 222 NLRB 1023 (1976). Upon the basis of the foregoing findings of fact and upon the entire record in the case, I make the following: "I International Association of Machinists and Aerospace Workers, AFL- CIO (General Electric Compaon, et alJ, 189 NLRB 50(1971). 851 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW I. Iowa Beef Processors, Inc., and Farm Products Company, and each of them, are employers within the meaning of Section 2(2), (6), and (7) of the Act. 2. Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, and Local 222 are, and each of them is, labor organizations within the meaning of Section 2(5) of the Act. 3. By restraining and coercing employees of Iowa Beef Processors, Inc., and Farm Products Company as found herein the Respondents, and each of them, have committed and are continuing to commit unfair labor practices within the meaning of Section 8(b)( )(A) of the Act. Upon the foregoing findings of fact, conclusions of law, and the entire record, I hereby make the following recommended: ORDER 19 The Respondents, Local 222 and Amalgamated Meat Cutters and Butcher Workmen of North America, AFL- CIO, their officers, agents, and representatives, shall: 1. Cease and desist from: (a) Restraining or coercing employees of Iowa Beef Processors, Inc., and/or employees of Farm Products Company by any of the following conduct which tends to discourage employees in the exercise of their right to work for either of the above employers, or any other employer, and the right not to join or support any strike: Threatening employees with bodily harm and/or property damage; hindering or blocking in any manner the ingress and egress of employees' automobiles, trucks, or other vehicles seeking to enter or exit any of the gates provided by IBP or Farm Products; throwing rocks, dirt clods, or firewood or shooting steel ballbearings from a slingshot at any employee or vehicle attempting to enter the premises of IBP at Dakota City, Nebraska, or directing such missiles toward employee or company property located in Dakota City, Nebraska; placing glass, nails, screws, logs, or similar material on the highways or driveways at or near any of the exits and entrances into the IBP plant at Dakota City; following vehicles of employees and/or customers to and/or from picket lines and driving in a dangerous and 19 In the event no exceptions are filed as provided by Sec. 102.46 of the Rules and Regulations of the National Labor Relations Board, the findings, conclusions, and recommended Order herein shall, as provided in Sec. 102.48 of the Rules and Regulations, be adopted by the Board and become its findings, conclusions, and Order, and all objections thereto shall be deemed waived for all purposes. reckless manner intended to harass and intimidate non- striking employees; scratching, kicking, rocking, hitting with picket signs, jumping upon, pounding fists and/or in any similar manner causing damage to vehicles of employ- ees, supervisors, and customers entering and exiting the struck premises; physically assaulting or in any similar manner hindering and seeking to prevent nonstriking employees from entering the IBP plant premises; making harassing or threatening telephone calls to employees; recording license numbers of vehicles crossing picket lines and posting the names of nonstrikers at either the union headquarters or the strike headquarters. (b) In any other manner restraining or coercing any employee in the exercise of rights guaranteed in Section 7 of the Act. 2. Take the following affirmative action which will effectuate the policies of the Act: (a) Post both at its International office and Local 222 and in the bus used to transport picketers to and from the picket line copies of the attached notice marked "Appen- dix."20 Copies of said notice, on forms provided by the Regional Director for Region 17, after being duly signed by representatives of both the International Union and Local 222, shall be posted by each of the Respondents immedi- ately upon receipt thereof, and be maintained by each of them for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondents to insure that said notices are not altered, defaced, or covered by any other material. (b) After the aforesaid notices have been signed by an officer of each of the Respondents herein, copies shall then be duplicated and mailed by the Respondents to the home or last known address of each of the 2,040-2,060 striking employees of IBP and Farm Products. (c) Provide the Regional Director for Region 17 with sufficient copies of said notice for posting by IBP and Farm Products, each being willing, at places where such notices to employees are customarily posted. (d) Notify the Regional Director for Region 17, in writing, within 20 days from the date of this Order, what steps the Respondents have taken to comply herewith. 20 In the event that the Board's 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." 852