Machinists (Motor Trucks)

650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists and Aero- space Workers, AFL-CIO, and its Local Lodge 1224 of District Lodge 69 and Motor Trucks, Inc. Case 19-CB-4865 14 December 1984 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS ZIMMERMAN AND DENNIS On a charge filed by the Employer 28 July 1983 and amended 16 January 1984 the General Counsel of the National Labor .Relations Board issued a complaint 2 September 1983 and an amended com- plaint 18 January- 1984 against the Respondents. The complaint alleges that .Respondent Local Lodge 1224 refused to accept five employees' res- ignations from membership in the Union, and filed intraunion charges, conducted disciplinary proceed- ings, and imposed court-collectible fines against the employees for conduct that occurred after they had submitted resignations, and that Respondent Inter- national Association maintained a provision in its constitution restricting the right to resign. The amended complaint alleges these actions violate Section 8(b)(1)(A) of the Act. The Respondents filed an answer denying that they committed any unfair labor practices. On 30 January 1984 the parties jointly petitioned the Board to transfer the instant proceeding to the Board without benefit of a hearing before an ad- ministrative law judge. The parties agreed that the formal papers and the parties' stipulation of facts constitute the entire record in this case, and that no oral testimony is necessary or desired by any of the parties. On 23 July 1984 the Associate Executive Secretary, by direction of the Board, issued , an Order approving the stipulation and transferring the proceeding to the Board. The General Counsel filed a brief. The Respondents did not file a brief.' The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board has considered the stipulation, the brief, and the entire record in this proceeding, and makes the following FINDINGS OF FACT I. JURISDICTION The Employer, a Washington corporation with its office and place of business in Everett, Washing- ton, is engaged in the business of truck sales and On 23 August 1984 the Respondents filed a motion to stay proceed- ings pending Supreme Court review of the validity of restrictions on res- ignation from union membership We deny the motion repair. During the 12 months preceding issuance of the amended complaint, the Employer, in the course and conduct. of its business operations, had gross sales of goods and services valued in excess of $500,000, sold or shipped goods or provided services from its facilities within the State of Wash- ington valued in excess of $50,000 to customers outside the State 'of Washington or to customers within the State which were themselves engaged in interstate commerce by other than indirect . means, and purchased or caused to be transferred and de- livered to its facilities within the State goods and materials valued in excess of $50,000 directly from sources outside the State, or from suppliers within the State which in turn obtained such goods and materials directly from sources outside the State. The parties stipulated, and we find, that the Charg- ing Party is an employer engaged in commerce 'within the meaning of Section 2(2), (6), and (7) of the Act. The parties further stipulated, and we find, that the Respondents are labor organizations within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES A. Facts About June 1983 Local Lodge 1224 brought in- ternal union charges, conducted disciplinary pro- ceedings, and assessed court-collectible fines against employees Lloyd Winther, Roy Dawnes, Melvin Larsen, Morinus Oosterwyk, and John Venderped for crossing the Local's authorized picket line to work at the Employer. The five em- ployees had been members of the Union. They sub- mitted their resignations from membership during Local Lodge 1224's economic strike against the Employer, but before crossing the picket line. The Respondents have refused to consider the resigna- tions effective because of restrictions on the right to resign contained in the International Associa- tion's constitution. The relevant portion of the con- stitution reads as follows: Resignations shall not relieve a member of his obligation to refrain from accepting em- ployment at the establishment for the duration of the strike or lockout or within 14 days pre- ceding the commencement. Where observance of a primary-picket line is required, any resig- nation tendered during the period that the picket line is maintained, or within 14 days preceding its establishment, shall not become effective as a resignation during the period the picket line is maintained, nor shall it relieve a member of his or her obligation to observe the primary picket line for its duration. 273 NLRB No. 92 MACHINISTS (MOTOR TRUCKS) 651 B. Contentions of the Parties The' General Counsel contends that the Board's recent decisions in Machinists Local 1414 (Neufeld Porsche-Audi), 270 NLRB 1330 (1984), and Engi- neers & Scientists Guild (Lockheed-California Co.), 268 NLRB 311 (1983), are controlling and the act of disciplining the five individuals and the mainte- nance of the constitutional provision set forth above constitute Violations of Section 8(b)(1)(A) of the Act. The Respondents allege that the complaint fails to state a claim and deny that they have com- mitted unfair labor practices or that an appropriate remedy should include expunging the constitutional provision. C. Discussion We agree with the- General Counsel. A union may not lawfully restrict its members! right to resign. Neufeld Porsche-Audi, supra. Accordingly, we find that the constitutional provision set forth above is invalid and the five employees' resigna- tions were effective when submitted. Therefore, Respondent- Local Lodge 1 -224 violated Section 8(b)(1)(A) by refusing to accept the employees' res- ignations, and by filing intraunion charges, con- ducting disciplinary proceedings, and imposing court-collectible fine's against the employees for re- turning to work after they had resigned their union memberships. Furthermore, a union's .maintenance in its consti- tution of an invalid provision restricting resignation tends to restrain and coerce employees from exer- cising their Section 7 rights. Lockheed-California, supra. Respondent International Association's main- tenance of the constitutional provision set forth above therefore violated Section 8(b)(1)(A). CONCLUSIONS OF LAW 1. By refusing to accept resignations from em- ployees Lloyd Winther, Roy Dawnes, Melvin Larsen, Morinus Oosterwyk, and John Venderped, and by bringing internal union charges, conducting disciplinary proceedings, and imposing court-col- lectible fines about June 1983 against them for re- turning to work at Motor Trucks, Inc., during Re- spondent Local Lodge 1224 of District Lodge 69's strike after they had submitted resignations from membership in the Union, Respondent Local Lodge 1224 of District_ Lodge 69 violated Section 8-(b)(1)(A) of the Act. 2. By maintaining in its constitution the restric- tion-on-resignation provision set forth above, Re- spondent International Association of Machinists and Aerospace Workers; AFL-CIO, violated Sec- tion 8(b)(1)(A) of the Act. 3. The foregoing unfair labor practices are unfair labor • practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. REMEDY Having found that the Respondents engaged in unfair labor practices in violation of Section 8(b)(1)(A) of the Act, -we shall order that they cease and desist therefrom and take certain affirma- tive action necessary to effectuate the policies of the Act. We shall order Respondent Local Lodge 1224 to refund to Winther, Dawnes, Larsen, Oos- terwyk, and Venderped any moneys they may have paid as . a result of the fines imposed against them, with interest computed in the manner pre- scribed in Florida Steel Corp., 231 NLRB 651 (1977). In addition, we shall order the Respondents to expunge from their governing documents and constitution the restriction-on-resignation provision found invalid.2 ORDER The National Labor Relations Board orders that A. Respondent Local Lodge 1224 of District Lodge 69, Everett, Washington, its officers, agents, and representatives, shall 1. Cease and desist from (a) Restraining or coercing employees who have resigned from, and are no longer members of, the Respondent in the exercise of the rights guaranteed them by Section 7 of the Act by refusing to accept their resignations, and by filing intraunion charges, conducting disciplinary proceedings, and imposing court-collectible fines against them because of their postresignation conduct in working at Motor Trucks, Inc. during the the strike that led to disci- plinary action against Lloyd Winther, Roy Dawnes, Melvin Larsen, Morinus Oosterwyk, and John Venderped about June 1983. (b) Maintaining in its governing documents the restriction-on-resignation provision in the constitu- tion of Respondent International Association of Machinists and Aerospace Workers, AFL-CIO set forth below: - • ResignatiOns shall not relieve a member of his obligation to refrain from accepting em- 2 Though the complaint in this case does not allege, in haec verba, the "maintenance" of the provision by Respondent Local Lodge 1224 as being unlawful, the complaint does allege that Local Lodge 1224 unlaw- fully refused to consider the resignations valid because of the provision Further, the absence of such a "maintenance" allegation has no bearing on the Board's discretion to fashion appropriate remedies for the viola- tions found Neufeld Porsche-Audi, supra We will therefore order Re- spondent Local Lodge 1224 to cease and desist from maintaining the pro- vision in its governing documents and to expunge the provision there- from Member Dennis would not order Respondent Local Lodge 1224 to take these two actions See id at fn 22 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployment at the establishment for the duration of the strike or lockout or within 14' days pre- ceding the commencement. Where observance of a primary picket line is required, any resig- nation tendered during the period that the picket line is maintained, or within 14 days - preceding its establishment, shall not become • effective as a resignation during the period the . picket line is maintained, nor shall it relieve a member- of his or her obligation to observe the primary picket line for its duration. (c) In any like or related manner restraining or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act., 2. Take the following affirmative acticin neces- sary to effectuate the policies of the Act. (a) Rescind the fines levied_ about June 1983 against Lloyd Winther, Roy Dawnes, Melvin Larsen, Morinus Oosterwyk, and John Venderped because of their postresignation work for MOtor Trucks, Inc., and refund to them any moneys they may have paid pursuant to those fines, with inter- est. (b) Expunge from its records and files all refer- ences to fines, intraunion charges, or disciplinary proceedings against the above-named employees for conduct occurring after their resignations from the Union, and notify them in writing this has been dOne. (c) Expunge from its governing documents the restriction-on-resignation provision in the constitu- tion of Respondent International Association of Machinists and Aerospace Workers, AFL-CIO set forth above. (d) Post in its business office and other -places where notices to its members are customarily posted copies of the attached notice-marked "Ap- pendix A." 3 Copies of the notice, on 'forms provid- ed by the Regional Director for Region 19, after being -signed by the Respondent's authorized repre- sentative, shall be posted by the Respondent imme- diately ' upon receipt and maintained for 60 consec- utive days in conspicuous places including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Re- spondent to ensure that the notices are not altered, defaced, or covered by any other material. (e) Sign and return to the Regional Director suf- ficient copies of the notice for posting by Motor Trucks, Inc., if willing, at all places where notices to employees are customarily posted. - 3 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" (f) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. B. Respondent International Association of Ma- chinists and Aerospace. Workers, AFL-CIO, Port- land, Oregon, its officers, agents, and representa- tives, shall 1. Cease and desist from (a) Maintaining in its 'constitution the restriction- On-resignation provision set forth above in para- graph A,1,(b) of this Order. (b) In any like or related manner, restraining or coercing employees in the exercise of the 'rights. guaranteed them by Section 7 Of the Act. 2. Take the following affirmative action neces- sary to effectuate the policies of the Act. (a) Expunge from its constitution the restriction- on-resignation provision set forth above. (b) Post at its business office and other places where -notices to its members are customarily posted' copies of the attached notice Marked "Ap- pendix B." 4 Copies of the notice, on forms provid- ed by the Regional Director for Region '19, after being signed by the Respondent's authorized repre- sentative, shall-be posted by the Respondent imme- diately upon receipt and mainthined for 60 consec- utive -days in conspicuous plates including, all plates where notices to members are customarily posted. Reasonable steps shall be taken by the Re- spondent to ensure that the notices are riot altered, defaced, or covered by any other material. (c) Sign and return to the Regional Director suf- ficient copies of the notice for' posting by Motor Trucks, Ine., if willing, at all places where notiees to employees are customarily posted. (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 See fn 3, above APPENDIX A NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States GOvernment The National Labor Relations Board has' found that We violated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT restrain or coerce employees who have resigned from, and are no longer members of, Local Lodge 1224 in the exercise of the -rights guaranteed them by Section 7 of the -Act by refus- MACHINISTS (MOTOR TRUCKS) 653 ing to accept their resignations, and by filing in- traunion charges, conducting disciplinary proceed- ings, and imposing court-collectible fines against them because of their postresignation conduct in working at Motor Trucks, Inc. during the strike that led to disciplinary action againt Lloyd Winther, Roy Dawnes, Melvin Larsen, Morinus Oosterwyk, and John Venderped about June 1983. WE WILL NOT maintain' in our governing docu- ments the restriction-on-resignation provision in the constitution of the International Association of Ma- chinists and Aerospace Workers, AFL-CIO set forth below: Resignations shall not relieve a member of his obligation to refrain from accepting em- ployment at the establishment for the duration of the strike or lockout or within 14 days pre- ceding the commencement. Where observance of a primary picket line is required, any resig- nation tendered during the period that the picket line is maintained, or within 14 days preceding its establishment, shall not become effective as a resignation during the period the picket line is maintained, nor shall it relieve a member of his or her obligation to observe the primary picket line for its duration. WE WILL NOT, in any. like or related manner interfere with, restrain, or Coerce you in the exer- cise of the rights guaranteed you by Section 7 of the Act. WE WILL rescind the fines levied about June 1983 against Lloyd Winther, Roy Dawnes, Melvin Larsen, Morinus Oosterwyk, and John Venderped because of their postresignation work for Motor Trucks, Inc. and refund to them any moneys they may .have paid pursuant to those fines, with inter- est. ..WE WILL expunge from our records and files 'all references to fines, intraunion charges, or discipli- nary proceedings against the above-named employ- ees for conduct occurring -after their resignations from the Union, and notify them in writing this has been done. WE WILL expunge from our governing docu- ments the restriction-on-resignation provision in the constitution of the International Association of Ma- chinists and Aerospace Workers, AFL-CIO set forth above. LOCAL UNION 1224 OF DISTRICT LODGE 69 APPENDIX B NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT maintain in our constitution the restriction-on-resignation provision set forth below. Resignations shall not relieve a member of his obligation to refrain from accepting em- ployment at the establishment for the duration of the strike or lockout or within 14 days pre- ceding the commencement. Where observance of a primary picket line is required, any resig- nation tendered during the period that the picket line is maintained, or within 14 days preceding its establishment, 'shall not become effective as a resignation during the period the picket line is maintained, nor shall it relieve a member of his or her obligation to observe the primary picket line for its duration. WE WILL NOT in any like or related manner interfere with, restrain, or coerce- you in the exer- cise of the rights guaranteed you' by Section 7 of the Act. . WE WILL expunge from our constitution the re- striction-dn-resignation provision set forth above. 'INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORK- ERS, AFL-CIO