Sheet Metal Workers International Association, Local Union No. 20 (Formerly Local Union No. 156) (C.L. Shust Co., Inc.)

1104 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD Sheet Metal Workers International Association, Local Union No . 20 (formerly Local Union No. 156) (C. L. Shust Co., Inc.) and Terry Bock and James Derr and Elmer F. Lauer and Mark A. Koomler and Gerald R. Fletcher and Joseph Gensic and Brad Koomler and Kenneth Ga- luoppo. Cases 25-CB-5477-1, 25-CB-5477-2, 25-CB-5477-3, 25-CB-5477-4, 25-CB-5477-5, 25-CB-5487-1, 25-CB-5487-2, and 25-CB- 5487-3 16 July 1985 ' DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND DENNIS On 4 October 1984 Administrative Law Judge William A. Gershuny issued a decision containing conclusions of law and a recommended Order in this proceeding based on findings of fact made from the bench. The Respondent filed exceptions and a supporting brief. We remanded the proceed- ing sua sponte to the judge to issue a supplemental decision containing written findings of fact in con- formity with the Act, our Rules and Regulations, and the Administrative Procedure Act. On 22 April 1985 the judge issued the attached supple- mental decision. The Board has considered the decision, the sup- plemental decision, and the record in light of the exceptions and brief and has decided to affirm the judge's rulings, findings, and conclusions and to adopt the recommended Order.' ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Sheet Metal Workers International Association, Local Union No. 20 (formerly Local Union No. 156), Fort Wayne, Indiana, its officers, agents, and representa- tives, shall take the action set forth in the Order. ' Member Dennis adheres to the position she set forth in Machinists Local 1414 (Neufeld Porsche-Audi), 270 NLRB 1330 fn 22 (1984) SUPPLEMENTAL DECISION STATEMENT OF THE CASE WILLIAM A GERSHUNY, Administrative Law Judge. On 4 October 1984, following a brief 2-1/2-hour hearing at Fort Wayne, Indiana, I issued a bench decision in these cases The facts were simple and uncontroverted. Only a legal issue was involved. All parties waived their rights to file posthearing briefs and consented to the issu- ance of a bench decision setting forth findings of fact and conclusions of law. (Tr. 34-36.) Thereafter I issued a written 'decision on 2 November 1984, reciting such waivers and consents, incorporating by reference such findings and conclusions, and directing appropriate relief for the violations found as alleged in-the complaint The Board, on its own motion, remanded these cases to me, by' Order dated 25 March 1985, for the purpose of issu- ing-a written supplemental decision. This is that decision. The single issue here is a legal one . Whether Respond- ent violated Section 8(b)(1)(A) of the Act-by refusing to accept the resignations of employee members while it was engaged in a strike against their employers. Upon the entire record, I make the following FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. JURISDICTION The complaint alleges, the answer admits, and I find that the employers and their Association, individually and collectively, are subject to the Act and that Re- spondent is a labor organization within the meaning of Section 2(5) of the Act. II. UNFAIR LABOR PRACTICES The facts are undisputed. Three employers, C. L. Schust Co., Inc., C. Miller and Sons, Inc., and Gensic Sheet Metal, are among the 12-member contractors of the Fort Wayne Area Sheet Metal Contractors Associa- tion The Association and Respondent had a collective- bargaining agreement which expired on 31 May 1983. Following its expiration, Respondent called a strike, which began against C. Miller and Sons on 8 June 1983, against C. L. Schust on 17 June 1983; and against Gensic Sheet Metal on 10 July 1983. At the date of the hearing, the strike continued only these three employers as the other nine Association members had agreed to a new contract with Respondent Each of the eight Charging Parties were members of Respondent and were employed by one of the employers named above. Each, after honoring the strike, submitted resignation letters to Respondent. Terry Bock's letter was received by Respondent on 17 March 1984, James Derr's on 2 March 1984, Elmer Lauer's on 6 January 1984; Mark Koomler's on 24 October 1983; Gerald Fletcher's on 14 February 1984; Joseph Gensic's on 12 November 1983; Brad Koomler's on 11 April 1984; and Kenneth Galuoppo's on 23 February 1984. Following their resignations from Respondent, Lauer began working as a supervisor for a nonsignatory em- ployer and each of the other seven returned to work for one of the three employers named above Following its receipt of the resignation letters, Re- spondent informed each Charging Party that the resigna- tions were ineffective by reason of article 16, section 13, of the Sheet Metal Workers International Association's constitution and ritual, which, in relevant part, provides that "No resignation shall be accepted if offered in an- ticipation of charges being preferred against [a member], during the pendency of any such charges, or during a strike or lockout." On 30 March 1984, Respondent's business representa- tive, Keith Platt, filed intraunion charges against Lauer 275 NLRB No. 155 ' SHEET METAL WORKERS LOCAL 20 (SHUST CO.) 1105 for working for a "non-union company" and against the other seven for working for struck contractors behind picket lines. This conduct occurred in each case only fol- lowing the, employee's resignation from Respondent. Between 30 March and 8 June 1984, Respondent held hearings, at which none of the Charging Parties ap- peared, on each of the intraunion charges. By letters dated 26 July 1984, Respondent notified each of the Charging Parties that they were found guilty of the charges and fined each $7500. - The Board law governing this case is clear and fully dispositive here. In three recent cases, Machinists Local 1414 (Neufeld Porsche-Audi), 270 NLRB 1313 (1984); Machinists Local 1769 (Dorsey Trailers), 271 NLRB 911 (1984); and Newspaper Guild Local 3, 271 NLRB 1251 (1984), the Board has found violations of Section 8(b)(l)(A) where unions fined members who resigned during strikes, noting that "any restriction on a union member's right to resign is unreasonable and invalid." 271 NLRB 1252. Accordingly, I find that Respondent, by prohibiting the resignations of the six named employ- ees, has violated Section 8(b)(1)(A) of the Act as alleged in the complaint III. REMEDY Having found that Respondent has violated, the Act, I will order Respondent to cease and desist therefrom and to take certain affirmative action designed to effectuate the policies of the Act.' On these findings of fact and conclusions of law and on the entire record, I issue the following recommend- ed2 ORDER The Respondent, Sheet Metal Workers International Association, Local No. 20 (formerly Local Union No. 156), Fort Wayne, Indiana, its officers, agents, and repre- sentatives, shall 1. Cease and desist from (a) Enforcing Sheet Metal Workers' International As- sociation constitution and ritual provisions of article 16, section 13, which prohibits resignation during a strike or lockout. (b) Restraining or coercing employees by threatening them with the imposition of fines or other penalties if they resigned their membership in the Respondent during a strike or lockout, and thereafter worked, or at- tempted to work, for an employer against whom the Re- spondent was on strike. (c) Restraining or coercing employees by threatening them with the imposition of fines or other penalty if they i The Respondent's action was taken through its obligation to enforce a provision of the constitution of the International Union I note that the International Union is not a party to this proceeding and thus I am not ordering it to remove the offending provisions from its constitution Pur- suant to Machinists Local 1414, I am only ordering Respondent, the local union, to remove such language from its governing documents and to take no actions in furtherance of that provision 2 If no exceptions are filed as. provided by Sec 10246 of the Board's Rules and Regulations, the findings, conclusions, and recommended Order shall, as provided in Sec 102 48 of the Rules, be adopted by the Board and all objections to them shall be deemed waived for all pur- poses resigned their membership, during a strike or lockout, and thereafter worked, or attempted to work, for a non- union employer, on.terms not approved by the Respond- ent. - (d) Restraining or coercing employees and members by notifying them that article 16, section 13, of the con- stitution and ritual are applicable to resignations; by re- fusing to accept valid resignations; and by filing internal union charges and 'conducting internal union hearings against them and fining them for their postresignation conduct. (e) In any like or related manner restraining or coerc- ing employees in the exercise of the rights guaranteed by, Section 7 of `the Act - 2., Take the following affirmative action necessary to effectuate the policies of the Act. (a) Remove from its governing documents,- if any, the provisions of article 16,- section 13, which prohibit resig- nations during a strike or lockout. (b) Rescind the fines levied against Terry Bock, James Derr, Elmer Lauer, Mark A. Koomler, Gerald Fletcher, Joseph Gensic, Brad Koomler, and Kenneth Galuoppo because of their postresignation work during that strike of the Respondent against certain employers which began in June 1983. (c) Remove from the records of such employees any references to internal union charges, internal union hear- ings or trials, or fines resulting from their postresignation conduct, and notify them, in writing, that this has been done. (d) Post at its business office and meeting halls copies of the attached notice marked "Appendix."3 Copies of the notice, on forms provided by the Regional Director for Region 25, after being signed by the Respondent's authorized representative, shall be posted by the Re- spondent immediately upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to members are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or cov- ered by any other material. (e) Mail to the Regional Director for Region 25 signed copies of the notice for posting by Employers, if they are willing, in places where notices to employees are cus- tomarily posted. Copies of the notice furnished by the Regional Director, after being signed by the Respond- ent's authorized representative, shall be returned forth- with to the Regional Director. (f) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Re- spondent has taken to comply. 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 " 1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 restrain or coerce employees and mem- bers in the exercise of. the rights guaranteed them by Section 7 of the National `Labor Relations Act by giving force or effect to the provisions of article XVI, section 13 of the constitution and ritual bf the Sheet Metal Workers' International Association which prohibits resig- nations during a strike or lockout. WE WILL NOT restrain or coerce employees and mem- bers by filing internal union charges against them or by conducting internal union hearings or trials about them, or by fining them or imposing other penalty on them if they have resigned their members, by notifying them that article 16, section 13 of said constitution and ritual are applicable to resignation, by refusing to accept valid resignation. - WE WILL NOT in any like or related manner restrain or coerce employees in the exercise of the rights guaranteed- them by Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of em- ployment authorized in Section 8(a)(3) of the Act. - WE WILL remove from our governing documents,' if any, the provisions of article 16, section 13 which pro- hibits resignations during a strike or lockout. - WE WILL change our records to show that the follow- ing named persons effectively resigned their membership at the time we received written notice of such resigna- tions: Terry Bock, James Derr, Elmer F. Lauer, Mark A. Koomler, Joseph Gensic, Brad Koomler, Kenneth Ga- luoppo, and Gerald R. Fletcher. WE WILL rescind the fines levied against Tery Bock, James Derr, Elmer F. Lauer, Mark A. Koomler, Joseph Gensic; Brad Koomler, Kenneth Galuoppo, and Gerald R: Fletcher, and refund to them any money they may have paid as a result of such fines plus interest. - -WE WILL remove from the record of such employees any reference to the fines levied against them, any refer- ences to internal union charges brought against them, and any references to the holding of internal union hear- ings or trials regarding them which we imposed or per- formed after their effective resignations. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL No. 20 (FORMERLY LOCAL UNION No. 156)