Machinists' Local 289 (Tacoma & Seattle Trailer)

MACHINISTS 'LOCAL 289 (TACOMA & SEATTLE TRAILER). International Association of -Machinists and Aero- space Workers, Local 289, and, District Lodge 160 (Tacoma and ` Seattle Trailer Repair, Inc.) and Neil Wiener. Case 19-CB-5305 24 May 1985 DECISION AND ORDER By CHAIRMAN DOTSON'AND MEMBERS' HUNTER AND DENNIS - Upon a ,charge filed. by Neil Wiener, an individ- ual, 31 October 1984 and an amended. charge 1,1 December 1,984, the General Counsel of the Na- tional Labor Relations' Board issued a complaint 5 December 1984 against the Respondents, which, as amended 12 February 1985, alleges that the Re- spondents- have violated Section 8(b)(1)(A) of the National Labor Relations Act. - The complaint, as amended, alleges, and the Re- spondents in their answer and amended answer admit,, that at all times material herein the Re- spondents have had a 'collective-bargaining rela- tionship with Tacoma and Seattle Trailer 'Repair, Inc. (the Employer); that the Respondents have maintained in force and given effect- to a constitu- tional provision restricting resignations;' that until 16 August 19842 Frank Adair and -Dennis Heinz- mann were members of -the Respondents; that on 16 and 17 August the Respondents sponsored pick- eting at the Employer's premises; that on 16 August the Respondents received letters of resigna- tion from Adair and Heinzmann; that after the Re- spondents received their letters of resignations, Adair and Heinzmann worked at the Employer's premises behind the Respondents' picket line; that about 9 October the Respondents filed and/or processed charges against Adair and Heinzmann; and that' about 23 October the' Respondents tried i Art L, sec 3 of the constitution provides Improper Conduct of a Member SEC 3 The following actions or omissions shall constitute miscon- duct by a member which shall-warrant a reprimand, fine, suspension, and/or expulsion from membership, or any lesser penalty or any, combination of these penalties as the evidence may warrant after written and specific charges and a full hearing as hereinafter provid- ed Accepting employment, in any capacity in an establishment where a strike or lockout exists as recognized under this Constitution, with- out permission Resignation shall not relieve a member of his obliga- tion to refrain from accepting employment at the 'establishment for the duration of the strike or lockout if the resignation occurs during the period of the strike or lockout or within 14 days preceding its commencement Where observance of a primary picket line is re- quired, any resignation 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 2 All dates are in 1984 unless otherwise noted 549 them. and imposed court-collectible fines against them for- violating article L, section •3 of the Re- spondent's constitution. ' - Notwithstanding 'its •adnifssion''of all the above allegations, 'the Respondents deny that they have committed the unfair laborpractices alleged in the complaint, i.e:; that-by maintaining and enforcing its constitutional restriction -on its members' right to resign from •the• Respondents, and by charging and fining. Adair and :Heinzmann for working for the Employer, behind the: picket. line after ,they re- signed from- the 'Respondents, -the -Respondents have violated .Section 8(b)(1)(A) of the Act. On 26 February 1985 the, General Counsel filed- with the Board a Motion for Summary Judgment, with exhibits attached, asserting that the Respond- ents' answer to the complaint, as amended, raises no genuine or material issues of fact which require ,an evidentiary hearing and urging that the Board issue a Decision and Order against the Respondents containing findings of fact and conclusions of law in accordance with the allegations in the complaint. Thereafter, on 6 March 1985, the Board issued an order transferring proceeding to the Board and Notice to Show Cause why the General Counsel's Motion for Summary Judgment. should not be granted. The Respondents did not file a response to the Notice to' Show Cause. Ruling on the Motion for Summary Judgment The Respondents' admissions to all the factual al- legations in the complaint- establish that (1) the Re- spondents maintained and -enforced a constitutional restriction on its members' right to resign from the Respondents and (2) the Respondents brought charges against and fined employees Adair and Heinzmann for their postresignation- work for the Employer behind the Respondents' picket line. We have found such conduct violative of Sec- tion 8(b)(1)(A) of the Act. -Machinists Local 1414 (Neufeld Porsche-Audi), 270 NLRB, 1330 (1984); Pattern Makers (Badger Pattern), 273 NLRB 113 (1984). Accordingly, the Respondents have, admit- ted all the facts material to a resolution of the unfair labor practice issues raised by the complaint. There being no material facts in dispute, and in the absence'of any cause to the cont'ary having been shown by the Respondents, we grant the General Counsel's Motion for Summary Judgment. On the entire record, the Board makes the fol- lowing findings. 1. JURISDICTION The Employer is a State of Washington corpora- tion engaged- in the business of trailer repair. During the months- preceding issuance of the com- 275 NLRB No. 81 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plaint, a representative period, the Employer had. gross sales of goods and services valued in excess of $500,000. In addition, the Employer during that period sold and shipped goods or provided services from its facilities within the State of Washington -to customers outside the State of Washington, or sold, and shipped goods or provided services to custom- ers within the State of Washington, which -custom- ers were themselves -engaged- in interstate com- merce by, other than - indirect means, of a total value in excess of $50,000. Also, during that period the Employer purchased and caused to be trans- ferred and delivered to its facilities within the State of Washington goods and materials -valued in excess of $50,000 directly from sources outside the State of Washington, or from suppliers within said State, which in turn obtained the goods and inateri- als directly from sources outside the State of Wash- ington. We find that the Employer is an employer' engaged in commerce within the meaning of Sec- tion 2(6) and (7)-of the Act. . The Respondents admit, and we, find, that the Respondents are labor organizations within the meaning of Section 2(5) of the Act. II. THE UNFAIR LABOR PRACTICES The Respondents have maintained and -given, effect to a constitutional provision restricting union resignations. Further, they have brought charges against and levied court-collectible. fines against employees for their conduct after the Respondents received their resignations. By - such conduct we find that the Respondents , , have violated Section 8(b)(1)(A) of the Act. Machinists Local 1414 (Neu- feld Porsche-Audi); supra; Pattern Makers (Badger Pattern), supra. - CONCLUSIONS OF LAW 1. Tacoma and Seattle Trailer Repair, Inc., Seat- tle, Washington, is an employer engaged in com- merce within the meaning of Section 2(6) and (7) of the Act. 2. The Respondents are labor 'organizations' within the meaning of Section 2(5) of the Act. 3. By maintaining and enforcing their 'constitu-, tional provision restricting their members' right to resign from the Respondents, • and by charging and fining employees who worked for the Employer behind the picket line after they resigned from the Respondents, the Respondents violated Section 8(b)(1)(A) of the Act. - 4. 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, including refunding to Frank Adair and Dennis Heinzmann any moneys they may have paid as a result of the fines imposed on them be- cause of their postresignation work for Tacoma and Seattle Trailer Repair, Inc. during -the picket- ing on 16 and 17 August 1984, with interest com- puted in the manner prescribed in Florida Steel Corp., 231 NLRB 651 (1977).3 In addition, we shall order the Respondents to cease and desist from maintaining and enforcing the restriction.on resig- nations-found invalid and to expunge the provision from its governing documents. Engineers & Scien- tists Guild (Lockheed California), 268 NLRB 311 (1983).4- In so doing, we are not ordering that the parent International; which is not a party to this proceeding, expunge the offending provision from its constitution. Rather, we are only. ordering the Respondents to expunge the provision from their governing documents, including such documents of the International that the Respondents may have incorporated by reference and adopted as their own. We shall also order the Respondents to ex- punge from'their records and files any reference to the. unlawful charges, trials; and fines of Frank Adair and Dennis'Heinzmann and to notify them in writing that this has been done and will not • be used as a basis for future action against them. ORDER The National Labor 'Relations Board orders that the Respondents, International Association of_Ma- chinists and Aerospace Workers, Local 289 and District Lodge 160, Seattle, Washington, their offi- cers,. agents, and representatives, shall -1. Cease and desist from - (a)' Maintaining in their- governing documents those portions of article L, seciioh 3 ' of 'the consti- tution reading: See generally Isis Plumbing Co, 138 NLRB 716 (1962) -' Member- Dennis joins her colleagues in , ordenng- the Respondents to cease and desist from maintaining the restriction on resignations because the complaint alleges unlawful maintenance of the constitutional provi- sion and 'the record supports that allegation : Compare Machinists Local 1414 (Neufeld'Porsche-Audi), 270 NLRB 1330 fn, 22 (1984), in which the complaint contained no such allegation As in Neufeld Porsche-Audi, how- ever, Member Dennis considers it impracticable to order the Respondents to "expunge" a provision appearing in the- constitution of the parent International, which is not a party to this proceeding Instead, _Member Dennis would order the Respondents to notify their members in writing that they will not enforce the restriction on resignations MACHINISTS LOCAL 289 (TACOMA & SEATTLE TRAILER) 551 Resignation shall not relieve a member of his obligation to refrain from accepting employ- ment at the establishment for the duration of the strike -or lockout if the resignation occurs during the period of the strike or lockout'-or within 14 days preceding its commencement. Where observance of a primary picket line is required,' any resignation tendered during the period that the picket line is maintained, or within the 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 obli- gation to observe the primary picket line for its duration. (b) Restraining or coercing employees who have resigned from, and are no longer members of, the Respondents in the exercise of the rights guaran- teed them by Section 7 of the Act by bringing charges against and by imposing court-collectible fines on such employees, because of their postresig- nation work for Tacoma and - Seattle Trailer Repair, Inc. during the picketing on 16 and 17 August 1984. (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 action neces- sary to effectuate the policies of the Act. (a) Expunge from A heir governing documents those portions of article L, section 3 of the consti- tution set forth above. (b) Rescind' the fines levied against Frank Adair and Dennis Heinzmann because of their postresig- nation work for Tacoma and Seattle Trailer Repair, Inc. during the picketing on 16 and 17 August 1984, and refund to them any moneys they may have paid as a result of 'such fines, with inter- est. (c) Expunge from their records and files any ref- erence to the unlawful charges, trials, and. fines of Frank Adair and Dennis Heinzmann and notify them in writing that this has been done: and will not be used, as basis for future action,against them. (d) Post at their business offices and meeting halls copies of the attached notice marked "Appen- dix."5 Copies of the notice,. on forms, provided by the Regional Director for Region 19, after being signed by the Respondents' .. authorized representa- Live,' shall be posted-by ' the Respondents:-iminedi- ately upon receipt= and' maintained for 60 consecu- 6 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 " tive days in conspicuous places including all places where notices to members are- customarily posted. Reasonable steps shall be taken by the Respondents 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 Tacoma and Seattle Trailer Repair, Inc., if willing, at all places where notices to employees are customarily posted. (f) Notify the Regional Director in writing within 20 days from the date of this Order what steps the. Respondents has taken to comply. APPENDIX 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 governing docu- ments those portions of article L, section 3 of the constitution reading:' Resignation shall not relieve a member of his obligation to refrain from accepting employ- ment at the establishment for the duration of the strike or lockout if the resignation occurs during the period of the strike or lockout or within 14 days preceding, its commencement. Where observance of a primary picket line is required, any resignation tendered during the period that the picket line is maintained, or within the 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 obli- gation to observe the primary picket line for its duration.. WE WILL NOT restrain 'or coerce employees who have resigned from, and are no longer members of, the Unions in the exercise of the rights guaranteed them by Section 7 of -the Act by bringing charges against '-and' by, imposing court-collectible fines on such,employees because of their postresignation work at Tacoma and Seattle Trailer Repair, Inc. during the picketing on 16 and 17 August 1,984.. WE WILL NOT in any like or related manner re- strain or coerce you in, the exercise of the rights guaranteed you by Section 7 of the Act. 552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL expunge from our governing docu- ments those portions of article L, section 3 of the constitution set forth above. WE WILL rescind the fines-levied against Frank Adair and Dennis Heinzmann because of their pos- tresignation work for Tacoma and Seattle Trailer Repair, Inc. during the- picketing 16 and 17 August 1984 and WE WILL refund to them any , moneys they may have paid as a result of such fines, with interest. WE WILL expunge from our records and files any` reference to the, unlawful charges, trials, and fines of Frank Adair and Dennis Heinzmann and WE WILL notify them in writing .that this has been done and will not be used as a -basis for future action against them. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORK- ERS, LOCAL 289, -AND. DISTRICT LODGE 160