Carpenters Santa Clara Valley Council (Acme Fixture)

CARPENTERS SANTA CLARA VALLEY COUNCIL (ACME FIXTURE) Santa Clara Valley District Council of Carpenters, affiliated with the United Brotherhood of Car penters and Joiners of America, AFL-CIO (Acme Fixture Company, Inc) and R Wayne Piercy and Matt Rutherford Millmen and Industrial Carpenters Local Union 262 and Santa Clara Valley District Council of Car- penters, both affiliated with the United Brother- hood of Carpenters and Joiners of America, AFL-CIO (Minton Company) and Robert Cortez Millmen and Industrial Carpenters Local Union 262 and Bay Counties District Council of Carpen ters, both affiliated with the United Brother hood of Carpenters and Joiners of America AFL-CIO (S A Russo Window Frames, Inc) and Gregg Mathews, Darnell Connor, R Wayne Piercy, Peter Cutts Cases 32-CB-2822, 32- CB-2846 32-CB-2879, 32-CB-2865, 32-CB- 2884, 32-CB-2874, 32-CB-2872, and 32-CB- 2878 January 17, 1989 DECISION AND ORDER BY MEMBERS JOHANSEN, CRACRAFT, AND HIGGINS On September 28, 1988, Administrative Law Judge Earldean V S Robbins issued the attached decision Respondents Santa Clara Valley District Council and Local 262 filed exceptions and sup porting briefs The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel The Board has considered the decision and the record in light of the exceptions and briefs 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 Respondents, Santa Clara Valley District Council of Carpenters, San Jose, California, Millmen and Industrial Carpenters Local Union 262, San Jose , California, and Bay Counties District Council of Carpenters , San Jose, and Oakland, California, all affiliated with the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, their officers, agents, and rep resentatives, shall take the action set forth in the Order 473 Ariel L Sotolongo Esq for the General Counsel Paul D Supton Esq (Van Bourg Weinberg Roger & Ro senfeld), of San Francisco , California for the Respond ent DECISION STATEMENT OF THE CASE EARLDEAN V S ROBBINS Administrative Law Judge This case was heard before me in Oakland California on April 25 and 27 and May 5 1988 The charge in Case 32-CB-2822 was filed by R Wayne Piercy an individual (Piercy) and served on Santa Clara Valley District Council of Carpenters affiliated with the United Broth erhood of Carpenters and Joinersof America, AFL-CIO (Respondent Santa Clara Valley) on October 29, 1987 The charge in Case 32-CB-2846 was filed by Matt Ruth erford an individual (Rutherford), and served on Re spondent Santa Clara Valley on December 7 1987 The original charge in Case 32-CB-2879 was filed by Robert Cortez, an individual (Cortez) on January 11 1988, and served on Mill and Industrial Carpenters Local Union 262 affiliated with the United Brotherhood of Carpen ters and Joiners of America AFL-CIO (Respondent Local 262) on January 12 1988 A first amended charge in Case 32-CB-2879 was filed by Cortez on February 22 1988, and served on Respondent Local 262 and Respond ent Santa Clara Valley on February 23 1988 The charge in Case 32-CB-2865 was filed by Gregg Mathews an individual (Mathews) on December 24 1987 and served on Respondent Local 262 and on Bay Counties District Council of Carpenters, affiliated with the United Brotherhood of Carpenters and Joiners of America AFL-CIO (Respondent Bay Counties) on De cember 29 1987 The charge in Case 32-CB-2884 was filed by Mathews and served on Respondent Bay Coun ties on January 19, 1988 The charge in Case 32-CB- 2872 was filed by Darrell Connor an individual on Jan uary 4 1988, and served on Respondent Bay Counties on January 5, 1988 An amended charge in Case 32-CB- 2872 was filed by Connor and served on Respondent Local 262 and Respondent Bay Counties on February 4 1988 The original charge in Case 32-CB-2874 was filed by Piercy and served on Respondent Local 262 on Janu ary 7 1988 An amended charge in Case 32-CB-2874 was filed by Piercy and served on Respondent Local 262 and Respondent Bay Counties on January 19 1988 The original charge in Case 32-CB-2878 was filed by Peter Cutts an Individual (Cutts) on January 8 1988, and served on Respondent Local 262 on January 11 1988 A first amended charge in Case 32-CB-2878 was filed by Cutts and served on Respondent Local 262 and Re spondent Bay Counties on February 17, 1988 The amended consolidated complaint, which issued on March 16 1988 alleges that Respondents have engaged in unfair labor practices in violation of Section 8(b)(1)(A) of the National Labor Relations Act (the Act) The prin cipal issue herein is whether Respondent Santa Clara Valley Respondent Local 262, and Respondent Bay Counties (collectively called Respondents) violated Sec tion 8(b)(1)(A) of the Act by charging certain individuals 292 NLRB No 56 474 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD with violating Respondents' internal union rules and thereafter imposing fines on these individuals for crossing a picket line after they resigned their membership in Re- spondent Local 262. On the entire record,' including my observation of the demeanor of the witnesses, and after due consideration of the posthearing briefs filed by the parties, I issue the fol- lowing FINDINGS OF FACT 1. JURISDICTION At all times material, Acme Fixture Company, Inc. (Acme), a California corporation with an office and place of business in Oakland, California, has been en- gaged in the manufacture and sale of industrial wood- work. During calendar year 1986 Acme sold and shipped goods or provided services valued in excess of $50,000 directly to customers located outside the State of Califor- nia. At all times material, Minton Company (Minton), a California corporation with an office and place of busi- ness in Mountain View, California, has been engaged in the manufacture and nonretail sale and distribution of ar- chitectural products and millwork, including wood and stud doors, stud frames, and finished hardware. During calendar year 1987 Minton, in the course and conduct of its business operations, sold and shipped goods or provid- ed services valued in excess of $50,000 directly to cus- tomers located outside the State of California. At all times material, El Cerrito Mill and Lumber Co., Inc. (El Cerrito), a California corporation with an office and place of business in El Cerrito, California, has been engaged in the operation of a retail and nonretail lumber- yard and milling facility. During the calendar year 1986, El Cerrito derived gross revenues in excess of $500,000 and purchased and received goods valued in excess of $50,000 directly from suppliers located outside of the State of California. At all times material , Carl Fries, Carl Henken & Frank Moreno d/b/a Matheny Sash & Door Co., Inc. (Math- eny), a California partnership with an office and place of business in Hayward, California, has been engaged in the manufacture and nonretail sale of industrial woodwork. At all times material, S. A. Russo Window Frames, Inc. (Russo), a California corporation with an office and place of business in Oakland, California, has been en- gaged in the manufacture and retail and nonretail sale of wood windows and frames. At all times material, El Cerrito, Minton, Matheny, Russo, and Acme have been members of Lumber and Mill Employers Association (LAMEA), an association of employers engaged in the lumber mill industry existing for the purpose, at least in part, of representing its con- stituent member-employers, including El Cerrito, Russo, Acme, and Matheny, in collective-bargaining negotia- tions with various labor organizations , including Re- ' Inadvertently I failed to rule on the admissibility of G.C. Exhs. 22A and 22B. Respondent's objection to the receipt into evidence of these ex- hibits is overruled, and G.C. Exhs. 22A and 22B are received into evi- dence. spondents, respecting the wages, rates of pay, hours of employment, and other terms and conditions of employ- ment of employees of the member-employers. During the past 12 months, the constituent member- employers of LAMEA, including Acme, Russo, El Cer- rito, and Matheny, in the course and conduct of their business operations, collectively purchased and received goods or services valued in excess of $50,000 directly from sellers or suppliers located outside the State of Cali- fornia and collectively derived gross revenues in excess of $500,000. The complaint alleges, and I find, that Acme, Minton, Russo, El Cerrito, Matheny, and LAMEA are now, and have been at all times material, employers engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. II, LABOR ORGANIZATION At all times material Respondent Santa Clara Valley and Respondent Bay Counties have been voluntary asso- ciations of labor organizations and have been organized for the purpose, inter alia, of representing their members in the negotiation and administration of various collec- tive-bargaining agreements with various employers, in- cluding Acme, Matheny, Minton, Russo, El Cerrito, and other LAMEA member-employers. The complaint alleges, Respondents admit, and I find that Respondents Santa Clara Valley, Bay Counties, and Local 262 each is now, and has been at all times materi- al, a labor organization within the meaning of Section 2(5) of the Act. III. THE ALLEGED UNFAIR LABOR PRACTICES`' A. Background All of the employers involved herein are members of LAMEA and, with the exception of Minton, are in a multiemployer bargaining group.3 Respondents and LAMEA have been parties to several successive bargain- ing agreements. The predecessor to the current agree- ment was effective by its terms from May 1, 1981, to May 1, 1987. By letter dated February 21, 1987,4 LAMEA request- ed modification of the agreement. Subsequent negotia- tions were unsuccessful and beginning in June, Local 262 struck various employers in the LAMEA multiemployer bargaining unit, including Acme, El Cerrito, Minton, Matheny, and Russo. Minton was struck on about June 1 and the other employers were struck thereafter on vari- ous dates in June. 2 The General Counsel's posthearing motion to withdraw par. 7 of the complaint is granted. 3 Although Minton is a member of LAMEA, it withdrew from the multiemployer bargaining unit effective May 1, 1987, and bargained indi- vidually during the 1987 collective-bargaining negotiations. * Unless otherwise indicated all dates are in 1987. CARPENTERS SANTA CLARA VALLEY COUNCIL ( ACME FIXTURE) B The Charges Against Adriel Acosta George Banovich Wayne Piercy Matt Rutherford and Tony Espinosa The strike at Acme commenced on June 29 Acosta, Banovich, Piercy, Rutherford , and Espinosa are all em ployees of Acme Each of them signed similarly worded letters of resignation from membership in Local 262 All of the letters state that effective immediately the signer is resigning from Local 262 and will maintain his financial core union membership status in Local 262 by continuing to pay the appropriate fees and dues Piercy s letter of resignation was delivered to Local 262 by certified mail on June 30 Espinosa s resignation letter was delivered on June 17 The resignation letters signed by Banovich and Rutherford were sent to Local 262 by certified mail on June 29 and Acosta s resignation was sent on June 30 However the resignation letters were returned to Acosta Banovich and Rutherford by the postal service with notations on the envelope that de livery had been refused On July 21 at the request of the employees, the returned letters were hand delivered to the Local 262 office by Michael Leach, president of Acme and his secretary On November 12 Odus Howard, a representative of Local 262, filed separate intraunion charges against Piercy, Banovich, Acosta and Espinosa , alleging that from June 22 through October 23 Espinosa and on Oc tober 23, Acosta, Banovich, and Piercy, worked behind an authorized picket line On December 17 Bay Counties Council sent each of these four employees notification that they had been charged with violating its trade rules and the International constitution Attached was a copy of the charge filed by Howard The notices also stated that a teal would be held on these charges on January 6, 1988 On January 21 Bay Counties Council notified each of these four employees by mail that each had been found guilty and that fines had been imposed on them Rutherford and Piercy each received notification from Respondent Santa Clara Valley, on July 23 and Septem ber 18 respectively that he had been charged with vio lations of the International constitution and the Council bylaws and that a trial would be held on the date specs feed On November 16 Piercy and Rutherford were each notified by Santa Clara Valley that he had been found guilty and fined Rutherford and Piercy were each fined $150 for violating Council bylaws and Piercy was fined $500 for violating the International constitution all to be held in abeyance for 1 year 5 Acosta, Espinosa and Ban ovich were each fined $1050 by Respondent Bay Court ties which included $50 for nonappearance at the hear Ing Piercy was fined $2050 by Respondent Bay Counties which included $50 for nonappearance at the hearing Also $500 of this fine was to be held in abeyance if Piercy attended six union meetings during the next year 6 The record does not establish whether Rutherford was fined for vio lations of the International constitution C The Charges Against Robert Cortez and Donald Boire 475 Cortez and Boire are employed by Minton A letter re signing from Local 262 was signed by Cortez and deliv ered to Local 262 on August 11 Boire s resignation letter was delivered to Local 262 on September 16 Both of the letters stated that they were resigning effective im mediately and that they would maintain financial core membership by continuing to pay the appropriate dues and fees On October 30 Santa Clara Valley notified Cortez and Boire that they had been charged with vio lating certain of its internal rules and that a date would be set thereafter for a hearing By letter dated December 30, Santa Clara Valley notified Boire and Cortez that a hearing had been set for January 13, 1988 Attached to the Boire letter was a charge filed by Gordon Franco, representative for Respondent Local 262, alleging that the date of the violation was October 20 There is no evidence in the record as to the date of the alleged Cortez violation 6 Neither Boire nor Cortez was ever no tlfied as to whether a hearing was in fact held or a ver dict rendered or a fine imposed D The Charge Against Darrel Connor Connor is employed by El Cerrito On September 25 he attempted to deliver a resignation letter to Respond ent Local 262 However the office was closed On Sep tember 28 Connor returned to the union office paid his back dues , and gave his resignation letter to the person in the office who had received his dues On that same date he mailed a copy of his resignation letter to Local 262 However the letter was returned, marked refused On December 17 Bay Counties Council sent Connor a letter stating he had been charged with violation of its internal rules Attached thereto was a copy of a charge filed by Local 262 alleging violations by Connor on dates from October 2 through 31 The letter further stated that a trial would be held on January 6 Connor attended the hearing on January 6 and pleaded not guilty in that he had resigned prior to crossing the picket line Nevertheless, on January 21 Bay Counties Council in formed Connor by letter that he had been found guilty of the alleged violations and fined $2000 E The Charge Against Gregg Mathews Mathews is employed by Russo His resignation letter was sent to Local 262 by certified mail on June 9 and delivered on June 15 On December 17 Bay Counties Council, by letter advised Mathews that he had been charged with violations of its internal rules and that a trial would be held on January 6 Attached thereto was a copy of a charge filed by Howard alleging violations on October 23 At the January 6 trial Mathews was accused of working behind a picket line He responded that he was guilty of working behind a picket line By letter 6 Cortez testified that he disposed of both letters shortly after receiving them However according to him he and Boire compared the letters re ceived by them and they were identical In response to a subpoena coun set for Respondent represented that no other letters concerning charges filed against Cortez were in Respondents possession 476 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD dated January 21, 1988 Respondent Bay Counties in formed Mathews that he had been found guilty of the al leged violations and fined $1500 with $500 to be held in abeyance if he attends six union meetings during the next year F The Charge Against Peter Cutts Cutts is employed by Matheny He sent a resignation letter by certified mail to Respondent Local 262 on Oc tober 5 which was delivered on October 7 On Decem ber 17 Respondent Bay Counties notified Cutts to appear before a trial committee on January 6 to answer allega tions contained in the attached charge, filed by Howard on November 12 which alleged violations on October 23 By letter dated January 21 Bay Counties Council no tified Cutts that he had been found guilty of the charged violations and fined $1050 which included a $50 fine for nonappearance before the trial committee G Conclusions It is well settled that a union cannot require a financial coremember to do anything more than tender dues and fees NLRB v General Motors Corp, 373 U S 734, 742- 743 (1963) Therefore a union cannot compel, by court collectible fines a financial core member to support its strike and any effort by a union to discipline financial core members for actions subsequent to the receipt of their financial core letters is violative of Section 8(b)(1)(A) of the Act Carpenters Local 470 (Tacoma Boatbuilding), 277 NLRB 513 (1985) The charges clearly show that Banovich Acosta Espinosa Boire Connor, Mathews and Cutts were charged with postresignation violations The citations issued to Cortez Piercy and Rutherford by Respondent Santa Clara Valley do not state when the alleged viola tions occurred However Cortez first crossed the picket line on the day his resignation was delivered to Local 262 Piercy and Rutherford were both employed at Acme Picketing at Acme commenced on June 29 Piercy s resignation letter was mailed on June 27 and re ceived by Local 262 on June 30 Rutherford s resignation was mailed June 29 but delivery was refused by Local 262 Thus Piercy worked behind the picket line for no more than 1 day and Rutherford for no more than 2 to 4 days Yet the citations issued to them 3 or 4 months later give no indication that they were being charged only for preresignation conduct In view of the fact that all the other charges allege violations that had occurred only a few days prior to the filing of the charge, I find it im probable that Piercy and Rutherford were charged with conduct that occurred 3 or 4 months previously Fur ther, in the circumstances, Respondent Santa Clara Valley had an obligation to affirmatively communicate to Piercy and Rutherford if such were true that they were being charged only with preresignation conduct Because it failed to do so the employees could reasonably assume and an inference can be supported, that they were being charged with and fined for conduct that in cluded postresignation occurrences I therefore find that Piercy Rutherford Banovich Acosta Espinosa, Cortez Boire Connor Mathews and Cutts were all charged with and subsequently fined for violations that occurred after Respondent Local 262 re ceived or refused to accept delivery of their financial core letters Contrary to Respondents argument it is im material that some of the letters were delivered by the Employer Even assuming arguendo that the Employers asserted some undue influence on the employees, this does not excuse Respondents conduct particularly since Respondents made no effort to determine whether the letters in fact reflected the wishes of the employees It is also immaterial that there is no evidence that fines were actually imposed against Cortez and Boire The process ing of the charges against them is itself violative of the Act Communications Workers Local 11509 (A T & T), 283 NLRB 957 (1987) In the circumstances I find that Respondent Local 262 and Respondent Santa Clara Valley violated Section 8(b)(1)(A) by initiating and/or processing the charges against, and by fining, Piercy Cortez and Boire for con duct subsequent to the receipt of their financial core let ters I further find that Respondent Local 262 and Re spondent Bay Counties Council violated Section 8(b)(1)(A) by initiating and/or processing intraunion charges against and fining , Acosta Banovich , Piercy, Rutherford , Espinosa Connor, Mathews and Cutts for conduct subsequent to the receipt of their financial core letters CONCLUSIONS OF LAW 1 Acme Minton Russo, El Cerrito, Matheny, and LAMEA each is an employer engaged in commerce within the meaning of Section 2(2) (6), and (7) of the Act 2 Respondents Santa Clara Valley District Council of Carpenters Bay Counties District Council of Carpenters and Local 262 each is a labor organization within the meaning of Section 2(5) of the Act 3 By initiating and/or processing internal union charges and imposing fines, against Piercy Rutherford Cortez and Boire for activities in which they engaged subsequent to their resignation from full union member ship and agreement to continue to tender dues and fees, Respondent Local 262 and Respondent Santa Clara Valley have engaged in and are engaging in unfair labor practices within the meaning of Section 8(b)(1)(A) of the Act 4 By initiating and/or processing internal union charges and imposing fines against Acosta, Banovich, Piercy Espinosa, Connor, Mathews and Cutts for ac tivities in which they engaged subsequent to their resig nation from full union membership and agreement to continue to tender dues and fees, Respondent Local 262 and Respondent Bay Counties Council have engaged in, and are engaging in, unfair labor practices within the meaning of Section 8(b)(1)(A) of the Act 5 The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Sec tion 2(6) and (7) of the Act CARPENTERS SANTA CLARA VALLEY COUNCIL (ACME FIXTURE) 477 THE REMEDY Having found that Respondents have engaged in cer tam unfair labor practices within the meaning of Section 8(b)(1)(A) of the Act it is recommended that they cease and desist and take certain affirmative action designed to effectuate the policies of the Act 7 It shall be recom mended that the Respondents rescind the unlawful charges, disciplinary actions and fines, remove all refer ences to them from the Respondents records and notify each of the charged employees , in writing, of the rescis sion and expunction It is further recommended that Re spondents Local 262 and Bay Counties and Respondents Local 262 and Santa Clara Valley be required jointly and severally to refund any moneys paid as a result of the fines imposed, plus interest as computed in Florida Steel Corp, 231 NLRB 651 (1977), and New Horizons for the Retarded, 283 NLRB 1173 (1987) On these findings of fact and conclusions of law and on the entire record, I issue the following recommend ed8 ORDER A Respondent Millmen and Industrial Carpenters Local Union 262, affiliated with the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, its of ficers, agents, and representatives, shall 1 Cease and desist from (a) Processing internal union charges and imposing or collecting fines against employees of Acme Fixture Com pany Inc, S A Russo Window Frames, Inc, Minton Company Karl Fries, Karl Henken & Frank Moreno d/b/a Matheny Sash & Door and El Cerrito Mill and Lumber Co, Inc for activities in which they engaged subsequent to their resignation from full union member ship (b) In any like or related manner restraining or coerc ing employees in the exercise of the rights guaranteed them by Section 7 of the Act 2 Take the following affirmative action necessary to effectuate the policies of the Act (a) Rescind all charges and fines imposed on the em ployees for activities in which they engaged subsequent to their resignation from full union membership and refund to them any moneys they have paid as a result of the Respondents imposition of such fines in the manner set forth in the remedy section of this decision (b) Remove from its records all references to the un lawful charges and fines and notify each employee in writing that all charges and fines imposed against him or her has been rescinded and all records have been re moved 7 The General Counsel has requested a broad cease and desist order However in the circumstances herein I find that such an order is not warranted 8 If no exceptions are filed as provided by Sec 102 46 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 (c) Post at its business offices and meeting halls copies of the attached notice marked Appendix A "9 Copies of the notice on forms provided by the Regional Director for Region 32 after being signed by the Respondent s authorized representatives, shall be posted by Respond ent immediately upon receipt and maintained for 60 con secutive days in conspicuous places including all places where notices to members are customarily posted Rea sonable steps shall be taken by the Respondents to ensure that the notices are not altered, defaced, or covered by any other material (d) Sign and return to the Regional Director sufficient copies of the notice for posting by the above named Em ployers, if willing, at all places where notices to employ ees are customarily posted (e) Notify the Regional Director in writing within 20 days from the date of this Order what steps have been taken to comply B Respondent Bay Counties District Council of Car penters, affiliated with the United Brotherhood of Car penters and Joiners of America, AFL-CIO its officers, agents, and representatives, shall 1 Cease and desist from (a) Processing intraunion charges and imposing or col lecting fines against employees of Acme Fixture Compa ny Inc, S A Russo Window Frames, Inc, Karl Fries Karl Henken & Frank Moreno d/b/a Matheny Sash & Door and El Cerrito Mill and Lumber Co, Inc for ac tlvities in which they engaged subsequent to their resig nation from full union membership (b) In any like or related manner restraining or coerc ing employees in the exercise of the rights guaranteed them by Section 7 of the Act 2 Take the following affirmative action necessary to effecuate the policies of the Act (a) Rescind all charges and fines imposed on the em ployees for activities in which they engaged subsequent to their resignation from full union membership and refund to them any moneys they have paid as a result of the Respondents imposition of such fines in the manner set forth in the remedy section of this decision (b) Remove from its records all references to the un lawful charges and fines and notify each employee in writing that all charges and fines imposed against them have been rescinded and all records have been removed (c) Post at its business offices and meeting halls copies of the attached notice marked Appendix B 11 Copies of the notice on forms provided by the Regional Direc tor for Region 32, after being signed by the Respondent's authorized representatives, shall be posted by Respond ent immediately upon receipt and maintained for 60 con secutive days in conspicuous places including all places where notices to members are customarily posted Rea sonable steps shall be taken by the Respondent to ensure 9 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 Nation a] Labor Relations Board shall read Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board 10 See fn 9 above 478 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD that the notices are not altered defaced or covered by any other material (d) Sign and return to the Regional Director sufficient copies of the notice for posting by the above named Em ployers, if willing, at all places where notices to employ ees are customarily posted (e) Notify the Regional Director in writing within 20 days from the date of this Order what steps have been taken to comply C Respondent Santa Clara Valley District Council of Carpenters, affiliated with the United Brotherhood of Carpenters and Joiners of America, AFL-CIO its offs cers, agents, and representatives, shall 1 Cease and desist from (a) Processing internal union charges and imposing or collecting fines against employees of Acme Fixture Com pany Inc and Minton Company for activities in which they engaged subsequent to their resignation from full union membership (b) In any like or related manner restraining or coerc ing employees in the exercise of the rights guaranteed them by Section 7 of the Act 2 Take the following affirmative action necessary to effectuate the policies of the Act (a) Rescind all charges and fines imposed on the em ployees for activities in which they engaged subsequent to their resignation from full union membership and refund to them any moneys they have paid as a result of the Respondents imposition of such fines in the manner set forth in the Remedy section of this decision (b) Remove from its records all references to the un lawful charges and fines and notify each employee in writing that all charges and fines imposed against him or her has been rescinded and all records have been re moved (c) Post at its business offices and meeting halls copies of the attached notice marked Appendix C II Copies of the notice on forms provided by the Regional Direc tor for Region 32 after being signed by the Respondent s authorized representatives, shall be posted by Respond ent immediately upon receipt and maintained for 60 con secutive days in conspicuous places including all places where notices to members are customarily posted Rea sonable steps shall be taken by the Respondent to ensure that the notices are not altered defaced or covered by any other material (d) Sign and return to the Regional Director sufficient copies of the notice for posting by the above named em ployers if willing, at all places where notices to employ ees are customarily posted (e) Notify the Regional Director in writing within 20 days from the date of this Order what steps have been taken to comply '' See fn 9 above APPENDIX A 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 or dered us to post and abide by this notice WE WILL NOT process internal union charges and impose or collect any fines against employees of Acme Fixture Company, Inc Minton Company, S A Russo Window Frames Inc, Karl Fries Karl Henken & Frank Moreno d/b/a Matheny Sash & Door, and El Cerrito Mill and Lumber Co Inc for activities in which they engaged subsequent to their resignations from full union membership and agreement to continue to tender dues and fees WE WILL NOT in any like or related manner restrain or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act WE WILL rescind all charges and fines imposed on the following employees for activities in which they engaged subsequent to their resignation from full union member ship and WE WILL refund any moneys they may have paid in such fines plus interest Adriel Acosta Robert Cortez George Banovich Donald Boire Tony Espinosa Darrel Connor Wayne Piercy Gregg Mathews Matt Rutherford Peter Cutts WE WILL remove all references to the unlawful charges and fines from our records WE WILL notify each of the above named individuals in writing that all unlawful charges and fines have been rescinded and that all references to such have been re moved from our records MILLMEN AND INDUSTRIAL CARPENTERS LOCAL UNION 262 APPENDIX B 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 or dered us to post and abide by this notice WE WILL NOT process intraunion charges and impose or collect any fines against employees of Acme Fixture Company Inc S A Russo Window Frames Inc Karl Fries, Karl Henken & Frank Moreno d/b/a Matheny Sash & Door and El Cerrito Mill and Lumber Co Inc for activities in which they engaged subsequent to their resignations from full union membership and agreement to continue to tender dues and fees CARPENTERS SANTA CLARA VALLEY COUNCIL (ACME FIXTURE) WE WILL NOT in any like or related manner restrain or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act WE WILL rescind all charges and fines imposed on the following employees for activities in which they engaged subsequent to their resignation from full union member ship and WE WILL refund any monies they may have paid in such fines plus interest Adriel Acosta Darrel Connor George Banovich Gregg Mathews Tony Espinosa Peter Cutts Wayne Piercy WE WILL remove all references to the unlawful charges and fines from our records WE WILL notify each of the above named individuals in writing that all unlawful charges and fines have been rescinded and that all references to such have been re moved from our records BAY COUNTIES DISTRICT COUNCIL OF CARPENTERS APPENDIX C NOTICE To EMPLOYEES AND MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government 479 WE WILL NOT process internal union charges and impose or collect any fines against employees of Acme Fixture Company , Inc and Minton Company for active ties in which they engaged subsequent to their resigna tions from full union membership and agreement to con tinue to tender dues and fees WE WILL NOT in any like or related manner restrain or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act WE WILL rescind all charges and fines imposed on the following employees for activities in which they engaged subsequent to their resignation from full union member ship and WE WILL refund any moneys they may have paid in such fines plus interest Wayne Piercy Robert Cortez Matt Rutherford Donald Boire WE WILL remove all references to the unlawful charges and fines from our records WE WILL notify each of the above named individuals in writing that all unlawful charges and fines have been rescinded and that all references to such have been re moved from our records SANTA CLARA VALLEY DISTRICT COUNCIL OF CARPENTERS The National Labor Relations Board has found that we violated the National Labor Relations Act and has or dered us to post and abide by this notice