Machinists Local 297 (Globe Machine)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists and Aero- space Workers, Cascade Lodge No. 297 (Globe Machine Manufacturing Co.) and Richard Stod- den. Case 19-CB-5000 16 July 1984 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS ZIMMERMAN AND HUNTER Upon a charge filed on 22 November 1983 by Richard Stodden, an Individual, the General Coun- sel of the National Labor Relations Board issued a complaint on 6 January 1984 against International Association of Machinists and Aerospace Workers, Cascade Lodge No. 297, the Respondent, alleging that it has violated Section 8(b)(1)(B) of the Na- tional Labor Relations Act. The complaint alleges that Richard Stodden is a foreman for the Employer, Globe Machine Manu- facturing Company, and is a supervisor within the meaning of the Act. The complaint further alleges that Respondent's recording secretary, Douglas Still, fined Stodden because he crossed a picket line to perform certain supervisory and/or management functions for the Employer. The complaint alleges that by this conduct the Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(b)(1)(B) of the Act. On 2 February 1984 the Respondent filed an amended answer to the complaint admitting all factual alle- gations in the complaint but denying the conclu- sional allegation that it violated Section 8(b)(1)(B). On 8 February 1984 the General Counsel filed a Motion for Summary Judgment. On 17 February 1984 the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. On 23 March 1984 Respondent filed the following re- sponse: Respondent is able to prove that supervisory employee Richard Stodden was observed per- forming bargaining unit work more than 50 percent of the time and therefore is subject to disciplinary action under Florida Power and Light, 417 U.S. 790 (1974) and Food Employers Council Incorporated, 216 NLRB 917 (1975). The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. Ruling on the Motion for Summary Judgment The Respondent's amended answer to the com- plaint admits that it fined Stodden because he crossed a picket line to perform supervisory func- 271 NLRB No. 47 tions. However, the Respondent's amended answer also denies the commission of any unfair labor practices and requests that the complaint be dis- missed because it fails to state a valid claim for relief. A union violates Section 8(b)(1)(B) of the Act when it fines a supervisor-member for crossing a picket line to perform regular supervisory duties.' The basis for the General Counsel's Motion for Summary Judgment is the Respondent's admission that it fined Stodden for performing supervisory functions. The Respondent's response to the Notice to Show Cause alleges merely that Stodden "was observed performing bargaining unit work more than 50 percent of the time . . . ." The response fails to allege the Respondent disciplined Stodden for such conduct or that it knew of his perform- ance of unit work when it fined him. We find that the response does not amend the Respondent's ad- mission that it fined Stodden for performing super- visory duties. Based on the Respondent's admission we conclude that the Respondent has violated Sec- tion 8(b)(l)(B) of the Act. Accordingly, we grant the General Counsel's Motion. On the entire record, the Board makes the fol- lowing FINDINGS OF FACT AND CONCLUSIONS OF LAW I. BUSINESS OF THE EMPLOYER The Employer, a Washington corporation, is en- gaged in the manufacture of plywood machinery and replacement parts. During the past year the Employer purchased materials valued in excess of $50,000 from outside the State. We find that Globe Machine Manufacturing Company is an employer engaged in commerce within the meaning of Sec- tion 2(6) and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED The International Association of Machinists and Aerospace Workers, Cascade Lodge No. 297, is a labor organization within the meaning of Section 2(5) of the Act. III. ALLEGED UNFAIR LABOR PRACTICES The Employer has at all material times employed Richard Stodden as a supervisor within the mean- ing of Section 2(11) of the Act. On or about 14 July 1983 Respondent's recording secretary, Doug- las Still, acting on the Respondent's behalf, fined Stodden because he crossed a picket line to per- ' See American Broadcasting Co. v. Writers Guild of America West, 437 U.S. 411 (1978). 280 MACHINISTS LOCAL 297 (GLOBE MACHINE) form certain supervisory work. By fining Stodden because he crossed a picket line to perform super- visory duties for the Employer, the Respondent has committed unfair labor practices within the mean- ing of Section 8(b)(1)(B) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in unfair labor practices within the meaning of Sec- tion 8(b)(1)(B) of the Act, we shall order that it cease and desist therefrom and take certain affirma- tive action designed to effectuate the purposes of the Act. As we have found that the Respondent has un- lawfully imposed fines on Richard Stodden we shall order that the Respondent rescind the fines levied against him and reimburse him for any sums he may have paid to the Respondent, with interest as provided for in Florida Steel Corp., 231 NLRB 651 (1977).2 We shall also order that the Respond- ent expunge from its records all references to such discipline and notify Richard Stodden that this has been done.3 ORDER The National Labor Relations Board orders that the Respondent, International Association of Ma- chinists and Aerospace Workers, Cascade Lodge No. 297, its officers, agents, and representatives, shall 1. Cease and desist from (a) Fining or otherwise disciplining Richard Stodden or any other supervisor of Globe Machine Manufacturing Company for performing superviso- ry duties. (b) In any like or related manner restraining or coercing Globe Machine Manufacturing Company in the selection of its representatives for the pur- poses of collective bargaining or the adjustment of grievances. 2. Take the following affirmative action neces- sary to effectuate the policies of the Act. (a) Rescind the fines levied against Richard Stod- den, expunge from its files all references to such discipline, and notify him in writing that this has been done and that the discipline will not be used as a basis for future action against him. (b) Reimburse Richard Stodden for any sums he may have paid as a result of the unlawful action in t See generally Isis Plumbing Co., 138 NLRB 716 (1962). 3 See Engineers d Scientists (Lockheed-California), 268 NLRB 311 (1983). the manner set forth in the remedy section of the decision. (c) Post at its offices and union halls copies of the attached notice marked "Appendix." 4 Copies of the notice, on forms provided by the Regional Director for Region 19, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon re- ceipt and maintained for 60 consecutive days in conspicuous places including all places where no- tices to members are customarily posted. Reasona- ble steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. (d) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. 4 If 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 Na- tional Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the Nation- al Labor Relations Board." APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT fine or otherwise discipline Rich- ard Stodden or any other supervisor of Globe Ma- chine Manufacturing Company for performing su- pervisory duties. WE WILL NOT in any like or related manner re- strain or coerce Globe Machine Manufacturing Company in the selection of its representatives for the purposes of collective bargaining or the adjust- ment of grievances. WE WILL rescind the fines levied against Richard Stodden, expunge from our records all references to such discipline, and notify him in writing that this has been done and that the discipline will not be used as a basis for future action against him. WE WILL reimburse Richard Stodden for any sums he may have paid as a result of our unlawful action against him, with interest. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORK- ERS, CASCADE LODGE No. 297 281