International Association Of Bridge, Structural And Ornamental Ironworkers (Walker Construction Co.)

918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Bridge , Structural and Ornamental Iron Workers (Walker Construction Company) and James W. Stevens. Case 16-CB- 2255 13 May 1986 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS DENNIS AND BABSON On 13 December 1985 the National Labor Rela- tions Board issued its Decision and Order in the above-entitled proceeding' in which it found that the Respondent violated Section 8(b)(1)(A) of the Act by disciplining Stevens, a president of Re- spondent's Local 263, for filing charges with the Board, and ordered Respondent to reinstate Ste- vens as president of Local 263, remove all sanc- tions against him, and, in the event Stevens paid the fine unlawfully imposed on him, make him whole for the amount exacted from him. Thereafter, the Respondent filed a Motion for Reconsideration of the Board's Decision and Order insofar as it required the Respondent to reinstate Stevens, and the General Counsel filed a response. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. In its motion, the Respondent asserts that Ste- vens' term of office as president of Local 263 has expired, that on 24 June 1985 another member was elected as president of Local 263 for a 3-year term, and that neither the Board nor the Respondent have jurisdiction to set aside the results of the elec- tion. In her response, the General Counsel moves the Board to modify its Order to require that the Respondent, in addition to reinstating Stevens as president and removing the sanctions imposed against him, inter alia, vacate the election held 24 June 1985 or any other election held before Ste- vens is reinstated to the presidency of Local 263 and has served as president for a period equal to the amount of time remaining in his term of office when he was unlawfully removed, and until such time as the unlawful sanctions have been removed and he has had sufficient time to conduct a cam- paign to be nominated for and to run for the presi- dency of Local 263, if he so desires. The Board has considered the Respondent's motion and the General Counsel's response in light of the Decision and Order and the entire record in this proceeding and has decided to deny the Re- spondent's Motion for Reconsideration as lacking i 277 NLRB 1071 (Member Dennis concurring) in merit.2 In addition, the Board has decided that it will effectuate the purposes of the Act to grant the General Counsel's motion to modify the Board's Order. ORDER IT IS ORDERED that the Respondent's Motion for Reconsideration is denied. IT IS FURTHER ORDERED that the Board's Deci- sion and Order in this proceeding (277 NLRB 10719 (1985)) be modified by adding the following as new paragraph 2(c) and by relettering the subse- quent paragraphs accordingly: "(c) Vacate the election held 24 June 1985 for the presidency of Local 263, or any other election held before Stevens is reinstated to the presidency of Local 263 and has served as president for a period equal to the amount of time left in his term of office when he was unlawfully removed, and until such time as the unlawful sanctions imposed against him have been removed and he has had suf- ficient time to conduct a campaign to be nominated for and to run for the presidency of Local 263, if he so desires." IT IS FURTHER ORDERED that the attached notice be substituted for that previously issued by the Board. 2 The Respondent also has moved to reopen the record , if need be, to adduce additional evidence to establish that Stevens' term of office as president of Local 263 has expired , that an election was held on 24 June 1985, and that a person other than Stevens was elected president of the local union The Respondent's motion is denied as the General Counsel does not dispute the facts The Respondent's request for leave to brief this issue is also denied as the record, the Respondent's motion, and the General Counsel 's response adequately present the issues and positions of the parties APPENDIX NOTICE To EMPLOYEES 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 discipline employees for filing unfair labor practice charges with the National Labor Relations Board or otherwise participating in or cooperating in National Labor Relations Board proceedings. 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. 279 NLRB No. 123 IRON WORKERS (WALKER CONSTRUCTION) WE WILL reinstate James W. Stevens as presi- dent of Local 263 and remove all sanctions against him. In the event Stevens paid the fine unlawfully imposed on him, we will make him whole for the amount exacted from him, with interest. WE WILL vacate the election held 24 June 1985 for the presidency of Local 263, or any other elec- tion held before James W. Stevens is reinstated to the presidency of Local 263 and has served as president for a time period equal to the amount of 919 time left in his term of office when he was unlaw- fully removed, and until such time as the unlawful sanctions imposed against him have been removed and he has had sufficient time to conduct a cam- paign to be nominated for and to run for the presi- dency of Local 263, if he so desires. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNA- MENTAL IRON WORKERS