Teamster Local 15 (Quaker Rubber)

TEAMSTERS LOCAL 15 (QUAKER RUBBER) 61 Teamsters Local 115, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Quaker Rubber Com- pany. Cases 4-CB-5076, 4-CB-5103, and 4- CB-5103-2 31 October 1986 DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN AND STEPHENS On 14 July 1986 Teamsters, Local 115, a/w International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers, of America (the Respondent) and the General Counsel of the Na- tional Labor Relations Board entered into a settle- ment stipulation, subject to the Board's approval, providing for the entry of a consent order by the Board and a consent judgment by any appropriate United States court of appeals. The parties waived all further and other procedure before the Board to which they may be entitled 'under the National Labor Relations Act and the Board's Rules and Regulations, and the Respondent waived its right to contest the entry of a consent judgment or to re- ceive further notice of the application therefor. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The settlement stipulation is approved and made a part of the record, and the proceeding is trans- ferred to and continued before the Board in Wash- ington, D.C., for the entry of a Decision and Order pursuant to the provisions of the settlement stipula- tion.1 In approving, this stipulation, we note that this settlement was entered into prior, to a hearing on the complaint. Thus, this case is unlike both Team- sters Local, 115 (Gross Metal), 275 NLRB 1547 (1985), enfd. in unpublished opinion (3d Cir. June 22, 1986), in which the Board, in agreement with the administrative law judge, declined to approve a settlement that was based on an "11th.hour settle- ment offer" made after 'the judge had heard evi- dence of violations that was "clear, overwhelming, and unrebutted," and Teamsters Local 115 (Oak- wood Chair), 277 NLRB 694 (1985), in which a broad order was given as a remedy for violations found pursuant to a hearing. In the present case, nothing has been proven. In exchange for the narrow order and nonadmission clause, the General Counsel has obtained a remedial order covering all of the alleged violations, while being spared the ex- ' The Charging Party has not signed the stipulation, but was given notice according to Sec 101.9(c)(1) and (2) of the Board's Statements of Procedure, and has submitted no objection to the settlement. pense and uncertainties of litigation. We further note that, since the Board has recently obtained court enforcement of the broad order against this Respondent in Gross Metal, supra, the inclusion of a broad order here would add nothing to the power the Board already, possesses to seek con- tempt sanctions against the Respondent for any future violations.2 In short, disapproving the settle- ment would compel an unnecessary expenditure of limited resources-the time and money to hold a hearing that no party wishes to participate in and that would not produce any cease-and-desist sanc- tions greater than those now existing against the Respondent. On the basis of the settlement stipulation and the entire record, the Board makes the following , FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Quaker Rubber Company is, and has been at all times material herein, a Pennsylvania corporation engaged in the manufacture of escalator handrails with a facility in Philadelphia, Pennsylvania (the Philadelphia facility). During the past year, in the course and conduct of its business operations described above, Quaker Rubber sold and shipped products valued in excess of $50,000 directly to points outside the Common- wealth of Pennsylvania. The Respondent admits, and we find, that Quaker Rubber is an employer engaged in com- merce within the meaning of Section 2(2), (6), and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED Teamsters Local 115, a/w International, Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers of America is a labor organization within the meaning of Section 2(5) of the Act. ORDER On the basis of the above findings of fact, the settlement stipulation, and the entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board orders that: The Respondent, Teamsters Local 115, a/w International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, its officers, agents, and representatives, shall 2 Contrary to the assertion of our dissenting colleague, the General Counsel did not await court, enforcement in Gross Metal "only to accept a lesser settlement." Rather, the General Counsel conditioned apps oval of the settlement containing a narrow order here on enforcement of the broad order in Gross Metal 282 NLRB No. 8 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Cease and desist from (a) Blocking the ingress and/or the egress of offi- cials of Quaker Rubber, or automobiles driven by the officials, in the presence of employees of Quaker Rubber. (b) Blocking the ingress and/or the egress of em- ployees of Quaker Rubber, or automobiles driven by the employees. (c) Banging on automobiles driven by officials of Quaker Rubber and attempting to enter the auto- mobiles, in the presence of employees of Quaker Rubber. (d) Bumping employees of Quaker Rubber. (e) Threatening to spit on employees of Quaker Rubber Company and threatening employees of Quaker Rubber with bodily harm to themselves or other employees, with unspecified reprisals and with property damage. (f) Writing down the automobile license plate numbers of automobiles driven by employees of Quaker Rubber and following the employees to the Philadelphia facility. (g) Blocking the ingress and/or the egress of Na- tional Freight trucks, and threatening the drivers of National Freight trucks with unspecified reprisals and property damage. (h) Spitting, kicking, and/or throwing rocks at automobiles occupied by employees of Quaker Rubber. (i) Threatening employees of Quaker Rubber that Respondent would cause Quaker Rubber to dis- charge the employees. (j) Threatening employees of Quaker Rubber with bombarding employees' houses. (k) Soliciting employees of Quaker to engage in fights. (1) Spitting on officials of Quaker or spitting on autombiles occupied by officials of Quaker Rubber, in the presence of employees of Quaker Rubber. (m) Converging on automobiles occupied by em- ployees of Quaker Rubber, assaulting employees, and damaging automobiles. (n) Threatening officials of Quaker Rubber with bodily harm, unspecified reprisals, and property damage in the presence of employees of Quaker Rubber. (o) Jumping on National Freight trucks, banging on the trucks, and attempting to enter the trucks. (p) Following National Freight trucks and auto- mobiles driven by officials and employees of Quaker Rubber from the facility onto highways; blocking the movement of the vehicles; weaving in and out of traffic, cutting in front of the vehicles, making sudden stops in front of the vehicles, and attempting to force the vehicles out of lanes and/or off the roadways, throwing rocks at the National Freight trucks. (q) Seizing and smashing cameras held by offi- cials of Quaker Rubber, threatening to kill the offi- cials, and blocking the officials from entering their automobiles. (r) Sideswiping automobiles driven by officials of Quaker Rubber and threatening to have officials of Quaker Rubber jailed, in the presence of employees of Quaker Rubber. (s) In any like or related manner restraining or coercing employees of Quaker Rubber or employ- ees of other employers doing business with Quaker Rubber in the exercise of rights guaranteed by Sec- tion 7 of the Act. 2. Take the following affirmative action neces- sary to effectuate the policies of the Act. (a) Post at its Philadelphia, Pennsylvania office copies of the attached Notice to Employees and Members. Copies of the Notice, on forms provided by the Regional Director for Region 4, after being duly signed by the Respondent's representative, shall be posted by the Respondent immediately upon receipt thereof, and be maintained by the Re- spondent for 60 consecutive days thereafter, in conspicuous places, including all placed where no- tices to members are customarily posted. Reasona- ble steps shall be taken by the Respondent to insure that the Notices are not altered, defaced or cov- ered by any other material. (b) Mail to the Regional Director three signed copies of the Notice for posting, if Quaker Rubber Company is willing, in the plant of Quaker Rubber Company at Philadelphia, Pennsylvania, in the places where notices to employees are customarily posted. Copies of the Notice, on forms provided by the Regional Director for Region 4 after having been signed by Respondent's representative, shall be forthwith returned to the Regional Director for such posting by Quaker Rubber Company. (c) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. For the purpose of determining or securing compliance with this Order, the Board, or any of its duly au- thorized representatives, may obtain 'discovery from Respondent, its officers, agents, successors, or assigns, or any other person having knowledge concerning any compliance matter, in the manner provided by the Federal Rules of Civil Procedure. Such discovery ' shall be conducted under the su- pervision of the United States Court of Appeals en- forcing this Order and may be had upon any matter reasonably related to compliance with this Order, as enforced by the court. TEAMSTERS LOCAL 115 (QUAKER-RUBBER) 63 CHAIRMAN DOTSON, dissenting. I dissent from my colleagues' approval of the formal settlement stipulation recommended by the General Counsel in this- case. The stipulation, while imposing a cease-and-desist order on' the Respond- ent from engaging in many serious acts of picket line misconduct, orders the Respondent to cease and desist from "in any like or related manner" re- straining or coercing employees of Quaker Rubber or employees of other employers doing business with Quaker Rubber in the exercise of their pro- tected Section 7 rights. In addition, the stipulation contains a nonadmission clause whereby the Re- spondent does not admit it violated the Act. The inclusion in this stipulation of narrow in- junctive language or of a nonadmission clause cannot be tolerated. The Respondent has repeated- ly engaged in serious acts of violence and other picket line misconduct' and, in recognition of this fact, the Board recently refused to accept a settle- ment stipulation agreed upon by the General Coun- sel and' the Respondent which contained a narrow order and a nonadmission clause. Teamsters Local 115 (Gross Metal), 275 NLRB 1547 (1985), enfd. in unpublished opinion (3d Cir. June 22, 1986). Simi- larly, in another case involving further acts of picket line misconduct by the Respondent, the Board held that broad injunctive language was warranted given the "backdrop" of other similar unlawful conduct by the Respondent. Teamsters Local 115 (Oakwood Chair), 277 NLRB 694 (1985). The General Counsel in proposing the instant settlement stipulation and my colleagues in approv- ing it have chosen to ignore, if not flout, these recent Board decisions. As in Gross Metal, accept- ance of this settlement makes a mockery of law en- forcement. Without either'a broad order or an ad- mission by the Respondent that it has engaged in the unlawful conduct alleged, the Board Order in this case has little meaning and allows the Re- spondent to walk away virtually unscathed from its serious misconduct.2 Gross Metal, supra. See also the dissenting opinion in Philadelphia Building Trades Council (Wohlsen Construction), 279 NLRB 1242 (1986). The reasons articulated by my colleagues for ac- cepting the settlement stipulation are superficial. First, they place primary importance on the proce- 1 Teamsters Local 115 (Lavino & Co.), 157 NLRB 1637 (1966); Team- sters Local 175 (Continental- Wirt Electronics), 186 NLRB 516 (1970); Phila- delphia Ambulance Service, 238 NLRB 1070 (1978) (a consolidated CA and CB case in which Teamsters Local 115 was also a respondent); Teamsters Local 115 (Carol Lines), Case 4-CB-4649 (judge's decision dated Mar. 19, 1984, adopted by Board in absence of exceptions). 2 The complaint allegations in this case spread over three typed pages and include , such serious acts as blocking the ingress and egress of vehi- cles, threats of bodily harm and property damage, assaults, damage to automobiles, and sideswiping an automoblie on an interstate highway dural status of the 'case, a factor which should be considered but not to the exclusion of all others. According to my colleagues, because "nothing has been proven," the narrow order and nonadmission clause are justified to spare the General Counsel "the expense, and uncertainties of litigation.'" My colleagues do not explain,, however, how or why the preheating status of this case could, or should affect the remedy imposed by the Board, an aspect of the case within its exclusive province. Further, my colleagues fail to review this case in the context in which it arose. Although totally ig- noring the prior cases in which the Respondent has been proven a violator of the Act, my colleagues note that the Board possesses the power to seek contempt sanctions against the Respondent by virtue of the recent court enforcement of the Board's Order in Gross Metal. My colleagues do not note that, the General Counsel held up action on this case until after court enforcement of Gross Metal only to accept a lesser, settlement here. The Board should view court enforcement of a Board Order as a means to toughen its stance against a re- spondent in future cases rather than as a justifica- tion to impose weaker remedies. By approving the inadequate settlement in this case, my colleagues send a message to the Re- spondent that they do not view as serious the Re- spondent's continued picket line violence and other serious misconduct. I cannot concur in such an in- appropriate message. Accordingly, I dissent. APPENDIX NOTICE To EMPLOYEES AND 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. Section 7 of the Act gives employees these rights. To organize To form, join, or assist any union To bargain collectively through representa- tives of their own choice To act together for other mutual aid or pro- tection To choose not to engage in any of these protected concerted -activities. WE WILL NOT do anything that interferes with these rights. WE WILL NOT block the ingress or egress of offi- cials of Quaker Rubber Company, or automobiles 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD driven by the officials, in the presence of employ- ees of Quaker Rubber Company, to or from the Philadelphia facility. WE WILL NOT block the ingress or egress of Quaker Rubber Company employees; or automo- biles driven by said employees, to or from the Quaker Rubber Company's Philadelphia facility. WE WILL NOT bang on automobiles driven by of- ficials of Quaker Rubber Company, or attempt to enter the automobiles, in the presence of employees of Quaker Rubber Company. WE WILL NOT bump employees of Quaker Rubber Company. WE WILL NOT threaten to spit on employees of Quaker Rubber Company and threaten employees of Quaker Rubber Company with bodily harm to themselves or other employees, unspecified repris- als or property damage. WE WILL NOT write- down the automobile li- cense plate number of automobiles driven by em- ployees of Quaker Rubber or follow the employ- ees. WE WILL NOT block the ingress or egress of Na- tional Freight trucks to or from the Philadelphia facility, or threaten the drivers of National Freight trucks with unspecified reprisals or property damage. WE ' WILL NOT Spit on, kick, or throw rocks at automobiles occupied by employees of Quaker Rubber Company. WE WILL NOT threaten employees of Quaker Rubber Company - that we will cause their dis- charge. WE WILL NOT threaten employees of Quaker Rubber Company with bombarding their houses. WE WILL NOT solicit employees of Quaker Rubber Company to engage in fights. WE WILL NOT spit on officials of Quaker Rubber Company or spit on automobiles driven by the offi- cials, in the presence of employees of Quaker Rubber Company. WE WILL NOT converge on automobiles occu- pied by employees of Quaker Rubber Company, as- sault these employees and damage automobiles. WE WILL NOT threaten officials of Quaker Rubber Company with bodily harm, unspecified re- prisals, or property damage in the presence of em- ployees of Quaker Rubber Company. WE WILL NOT jump on National Freight trucks, bang on windows of these trucks, or attempt to enter these trucks. WE WILL NOT follow National Freight trucks and automobiles driven by officials and employees of Quaker Rubber Company from the Philadelphia facility onto highways; block the movement of these vehicles, weave in and out of traffic, cutting in front of these vehicles, make sudden stops in front of these vehicles, and attempt to force these vehicles out of lanes or off the roadways or throw rocks at National Freight trucks. WE WILL NOT seize and smash cameras held by officials of Quaker Rubber Company, or threaten to kill such officials, or block officials from enter- ing their automobiles. WE WILL NOT sideswipe automobiles driven by officials of Quaker Rubber Company or threaten to have officials of Quaker Rubber Company jailed, in the presence of employees. WE WILL NOT in any like or related manner re- strain or coerce employees of Quaker Rubber Company or employees of other employers doing business with Quaker Rubber Company in the exer- cise of the rights guaranteed in Section 7 of the National Labor Relations Act. TEAMSTERS LOCAL 115, A/W INTER- NATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSE- MEN AND HELPERS OF AMERICA