Boilermakers Local 893 (Stone Johnston)

National Labor Relations Board - Board Decisions

Jun 22, 1987

284 N.L.R.B. 385 (N.L.R.B. 1987)

BOILERMAKERS LOCAL 893 (STONE JOHNSTON) 385
Local 893, International Brotherhood of Boilermak-
ers, Iron Shipbuilders, Blacksmiths, Forgers and
Helpers, AFL-CIO-CLC (Stone Johnston Cor-
poration) and Larry Lemke. Case 7-CB-7000
22 June 1987
DECISION AND ORDER
BY MEMBERS JOHANSEN, BABSON, AND
STEPHENS
Upon a charge filed by Larry Lemke, an individ-
ual, on 30 October 1986, the General Counsel of
the National Labor Relations Board issued a com-
plaint 10 February 1987 against Local 893, Interna-
tional Brotherhood of Boilermakers, Iron Ship-
builders, Blacksmiths, Forgers and Helpers, AFL-
CIO-CLC, the Union or the Respondent, alleging
that it has violated Section 8(b)(1)(A) of the Na-
tional Labor Relations Act. Although properly
served copies of the charge and complaint, the
Union has failed to file an answer.
On 20 April 1987 the General Counsel tiled a
Motion for Default Judgment. On 24 April 1987
the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why
the motion should not be granted. The Union filed
no response. The allegations in the motion are
therefore undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Default Judgment
Section 102.20 of the Board's Rules and Regula-
tions provides that the allegations in the complaint
shall be deemed admitted if an answer is not filed
within 14 days from service of the complaint,
unless good cause is shown. The complaint states
that unless an answer is filed within 14 days of
service, "all of the allegations in the Complaint
shall be deemed to be admitted to be true and may
be so found by the Board." Further, the undisputed
allegations in the Motion for Default Judgment dis-
close that the regional attorney for Region 7, by
letter dated 26 February, notified the Union that
unless an answer was received by 12 March a
Motion for Default Judgment would be filed.1
The regional attorney's 26 February 1987 letter was sent to Respond-
ent Local 893's office in Spring Lake, Michigan. On 2 March 1987
Eugene Benkert, Who was Local 893's secretary-treasurer at the time of
the filing of the charge and who had received the 26 February 1987
letter, 'advised the regional attorney that Local 893 had been decertified
in November 1986, that Local 893 no longer existed, and that the region-
al attorney should contact the Union at its International office. By letter
dated 5 March 1987 the regional attorney advised the International's
office in Kansas City, Kansas, that unless an answer to the complaint was
filed by 19 March a Motion for Default Judgment would be filed.
In the absence of good cause being shown for
the failure to file a timely answer, we grant the
General Counsel's Motion for Default Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
Stone Johnston Corporation, the Employer, a
Delaware corporation, is engaged in the manufac-
ture, nonretail sale, and distribution of boilers and
related products at its facility in Ferrysburg, Michi-
gan. During the calendar year ending 31 December
1986, a representative period, the Employer manu-
factured, sold, and distributed products valued in
excess of $50,000, which were shipped from the
Ferrysburg, Michigan plant directly to points locat-
ed outside the State of Michigan. We find that the
Employer is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the
Act and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II ALLEGED UNFAIR LABOR PRACTICES
Commencing about 28 July 1986, the Respond-
ent and its members went on strike against the Em-
ployer. The strike ended on 12 September 1986,
when the Respondent and the Employer agreed to
a new collective-bargaining agreement. The collec-
tive-bargaining agreement provided in pertinent
part:
The Union agrees that it is in the best interests
of the Union and all employees that any bad
feelings or disharmony in the plant generated
by the strike be eliminated as soon as possible
in the interest of efficient operations and an
amiable working environment; and that no em-
ployee should suffer discrimination, harass-
ment, intimidation, or fines by virtue of
choices made to support or not to support the
strike; and that every employee is entitled to a
working environment free from bitterness and
hard feelings.
The Union therefore agrees that no employee
shall be discriminated against in any way be-
cause of any lawful activity engaged in during
or in connection with the strike. The Union
further agrees that it shall not discriminate nor
seek a penalty of any kind, including fines
from any employee because of their choice of
action with respect to resignation from the
Union. The Union further agrees that any em-
ployee who chooses to do so may rejoin the
Union.
284 NLRB No. 44
386 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
The below-named employees, who were mem-
bers of the Respondent, each participated in the
strike and performed required picket line duty from
about 28 July 1986 until each crossed the picket
line and returned to work about the date set forth
opposite each of their names:
Larry Lemke 9/12/86
Paul Young 9/8/86
Brian Schippers 9/8/86
Larry Dean 9/9/86
Delbert Bressler 9/9/86
Since about 18 September 1986, and continuing
to date, the Respondent, through its agent Eugene
Benkert, has failed and refused to pay Larry
Lemke, Paul Young, Brian Schippers, Larry Dean,
and Delbert Bressler for strike benefits they had
accrued from 28 July 1986 until each crossed the
picket line, in order to fine or punish them for
having crossed the picket line.
We find that the Respondent violated Section
8(b)(1)(A) by refusing to pay the above-named em-
ployees accrued strike benefits in order to fine or
punish them for crossing the picket line, in contra-
vention of the strike amnesty provision contained
in the 12 September 1986 collective-bargaining
agreement between the Respondent and the Em-
ployer. 2
CONCLUSION OF LAW
By failing and refusing to pay employees Larry
Lemke, Paul Young, Brian Schippers, Larry Dean,
and Delbert Bressler for strike benefits they had
accrued from about 28 July 1986 until each crossed
the picket line, in contravention of the strike am-
nesty agreement contained in its collective-bargain-
ing agreement with the Employer dated 12 Sep-
tember 1986, the Respondent has engaged in unfair
labor1 practices affecting commerce within the
meaning of Section 8(b)(1)(A) and Section 2(6) and
(7) of the Act.
REMEDY
Having found that the Respondent has violated
Section 8(b)(1)(A) of the Act, we shall order it to
cease and desist and to take certain affirmative
action necessary to effectuate the policies of the
Act. We shall order that the Respondent make
whole employees Larry Lemke, Paul Young, Brian
Schippers, Larry Dean, and Delbert Bressler by
paying them the strike benefits they had accrued,
with interest to be computed in the manner pre-
scribed in New Horizons for the Retarded, 283
2 See Operating Engineers Local 39 (San Jose Hospital), 240 NLRB 1122
(1979).
NLRB 1173 (1987). Additionally, we shall order
that the Respondent post an appropriate notice.3
ORDER
The National Labor Relations Board orders that
the Respondent, Local 893, International Brother-
hood of Boilermakers, Iron Shipbuilders, Black-
smiths, Forgers and Helpers, AFL-CIO-CLC,
Spring Lake, Michigan, its officers, agents, and
representatives, shall
1. Cease and desist from
(a) Failing and refusing to pay employees for
strike benefits they had accrued in order to fme or
punish them for having crossed the picket line, in
contravention of the strike amnesty provision con-
tained in the Respondent's collective-bargaining
agreement with the Employer dated 12 September
1986.
(b) 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) Make whole Larry Lemke, Paul Young,
Brian Schippers, Larry Dean, and Delbert Bressler
by paying them the strike benefits which each had
accrued from about 28 July 1986 until the date
each of them crossed the picket line, with interest.
(b) Post at its business office and meeting hall
copies of the attached notice marked "Appendix."4
Copies of this notice, on forms provided by the Re-
gional Director for Region 7, after being signed by
the Respondent's authorized representative, shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 consecutive days in
conspicuous places, including all places where no-
tices to members are customarily posted. Reasona-
ble steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or
covered by any other material.
(c) Sign and return to the Regional Director suf-
ficient copies of the notice for posting by Stone
Johnston Corporation, if willing, at all places
where notices to employees are customarily posted.
3 As noted above, Benkert in his 2 March 1987 letter to the regional
attorney asserted that Respondent Local 893 no longer existed We shall
leave this matter to the compliance stage of this proceeding.
The General Counsel has requested a visitatorial clause authorizing the
Board, for compliance purposes, to obtain discovery from the Respond-
ent under the Federal Rules of Civil Procedure subject to the supervision
of the Umted States court of appeals enforcing this Order. Under the cir-
cumstances of this case, we fmd it unnecessary to include such a clause.
Accordingly, we deny the General Counsel's request.
4 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-
al 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."
BOILERMAKERS LOCAL 893 (STONE JOHNSTON) 387
(d) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent 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 fail and refuse to pay Larry
Lemke, Paul Young, Brian Schippers, Larry Dean,
and Delbert Bressler the strike benefits which each
had accrued from about 28 July 1986 until the date
each of them crossed the picket line, in contraven-
tion of our contractual promise not to penalize any
employee for actions taken during the strike.
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.
WE WILL make whole Larry Lemke, Paul
Young, Brian Schippers, Larry Dean, and Delbert
Bressler by paying to them strike benefits which
each had accrued from about 28 July 1986 until the
date each of them crossed the picket line, with in-
terest.
LOCAL 893, INTERNATIONAL BROTH-
ERHOOD OF BOILERMAKERS, IRON
SHIPBUILDERS, BLACKSMITHS, FORG-
ERS AINTD HELPERS, AFL-CIO-CLC