Funeral Directors of Greater St. Louis, Inc.

National Labor Relations Board - Board Decisions

Nov 20, 1959

125 N.L.R.B. 241 (N.L.R.B. 1959)

FUNERAL DIRECTORS OF GREATER ST LOUIS., INC
APPENDIX A
241
George Bandy Sylvia L Harless Milton F McBride
George E Barrett James A Hicks Nancy Parker
William L Belcher Allan C Hildreth J A Payne
Bernard Billings Mary J Hill Kermit Penland
Harold W Blankenship Emory W Howard Vmcile Perkins
Clarence Leon Bryant James Howard R I Ritter
Clyde F Bryant Howard G Hubbard Taylor E Roberts
Herbert Chapman Elbert M Hudgins Monroe Semans
Mildred Cole Harless Jennings Flora Short
Albert Crist, Carrie M Keffer Fannie M Stallard
Floyd L Dale Earl Roger Lacy S P Thompson
Maggie F Farmer Ada Lester Kenneth Watkins
Bob Garbish Lucille Lewis Vivian A Watkins
Garnet D Goodman Josephine Loretta Lockhart William C Williams
Denver Graybeal Harry L Miller Chester Workman
Lucy A Hale James E Mitchem Dean 0 Wright
David A Hall Lora J Munsey
Funeral Directors of Greater St. Louis, Inc, St. Louis Funeral
Directors Association and Alvin C. Trapf
Miscellaneous Drivers and Helpers Local 610 , International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America and Alvin C. Trapf. Cases Nos 14-CA-
2061 and 14-CB-7P29 November 20, 1959
DECISION AND ORDER
On June 16, 1959, Trial Examiner Charles W Whittemore issued
his Intermediate Report in this case, finding that the Respondent
Union and the Respondent Funeral Directors of Greater St Louis,
Inc , had each of them engaged in certain unfair labor practices and
recommending that they cease and desist therefrom and take certain
affirmative action, as set forth more fully in the copy of the Inter-
mediate Report attached hereto Thereafter, the Respondent Union
and the General Counsel filed exceptions to the Intermediate Report
together with,supporting briefs
The Board i has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed
The rulings are hereby affirmed The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in
the case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner, with the following additions and
modifications
I The Trial Examiner found, and we agree, that, by maintaining
and enforcing the discriminatory hiring and employment conditions
established by the contract between them, the Respondent Union
I Pursuant to provisions of Section 3 (b) of the Act, the Board has delegated Its powers
in connection with this case to a three-member panel [Chairman Leedom and Members
Bean and Jenkins]
125 NLRB No 29
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
violated Section 8(b) (2) and 8(b) (1) (A) of the Act, and the Re-
spondent Funeral Directors of Greater St. Louis, Inc.,' violated Sec-
tion 8 (a) (3) and (1) of the Act.3 The General Counsel contends,
however, that additional findings of violations by the Respondent
Union should be made herein based on the latter's maintenance and
enforcement of the identical contract with St. Louis Funeral Directors
Association. We find merit in this contention.
The complaint, as originally framed, placed in issue the terms of
the contracts-both incorporated in the same document-by and be-
tween the Respondent Union, on the one hand, and St. Louis Funeral
Directors Association and Funeral Directors of Greater St. Louis,
Inc., respectively, on the other. All parties were originally named as
Respondents and the issues thereby raised were fully litigated.
However, after adjournment of the hearing, sine die, the General
Counsel obtained from the St. Louis Funeral Directors Associa-
tion an informal settlement agreement and moved, accordingly,
for the withdrawal from the complaint of all allegations against such
Association. As the grant of the motion by the Trial Examiner did
not and does not affect the portions of the complaint against the
Respondent Union relating to its contract with the St. Louis Funeral
Directors Association, we shall proceed to determine the issues thus
raised.
The record shows that St. Louis Funeral Directors Association is
an employer association authorized to bargain on behalf of its em-
ployer members who are engaged in providing funeral services and
livery rentals in the St. Louis, Missouri, area. Commerce facts relat-
ing to the extent of the business activities of two of the member firms
of the St. Louis Funeral Directors Association-Bucholz Mortuary,
Inc., and Alfred H. Hoppe, Inc.-establish that, in the aggregate,
these firms did a gross business of over $500,000 in 1958, and pur-
chased, during this period, from out-of-State manufacturers, or sup-
pliers, caskets valued at more than $50,000. Accordingly, the Board
finds that St. Louis Funeral Directors Association is an employer
within the meaning of Section 2(2) of the Act, that it is engaged in
commerce within the meaning of the Act, and that it will effectuate
the policies of the Act for the Board to assert jurisdiction .4
2 The facts set forth by the Trial Examiner with respect to the bargaining authority
granted Greater St. Louis Association by its employer members establish that such
Association is an employer within the meaning of Section 2(2) of the Act . The Board so
finds. The status of such Association and the showing as to the extent of the activities
of at least one Of its employer members thus suffice to support the Board 's jurisdiction
and to warrant the assertion of its jurisdiction under the principles set forth in Siennons
Mailing Service, 122 NLRB 81 . See also W. W. Chambers Co., Inc., 124 NLRB 984, and
cases there cited.
'International Hod Carriers ' Bldg. and Common Laborers ' Assn . of America, Local
No. 83 , AFL-CIO, et at . ( Consolidated Construction Company, Inc.), 124 NLRB 1131,
and cases cited by the Trial Examiner at footnote 3 of the Intermediate Report in the
instant case.
4 See cases cited supra, footnote 2.
FUNERAL DIRECTORS OF GREATER ST. LOUIS, INC. 243
As has been noted, the terms of the contract between the Respond-
ent Union and the St. Louis Funeral Directors Association are similar
in all, material respects to those in the contract between the Respond-
ent Union and Funeral Directors of Greater St. Louis, Inc. The Board
finds, accordingly, with respect to the former contract and for the
same reasons, that the Respondent Union violated Section 8(b) (2)
and 8(b) (1) (A) of the Act.
2. The remedy. The recommended order of the Trial Examiner
is predicated solely on the contract between the Respondent Union
and the Respondent Funeral Directors of Greater St. Louis, Inc.
While the Board adopts all such provisions of the recommended
order, with the modifications noted hereafter, it will add thereto ap-
propriate provisions designed to remedy, also, the effect of the unfair
labor practices predicated on the contract between the Respondent
Union and the St. Louis Funeral Directors Association .5
The reimbursement liability here imposed shall be limited to all
moneys paid by past and present employees of members of Funeral
Directors of Greater St. Louis, Inc.,, and of St. Louis Funeral Di-
5 The Respondent Union's allegation of a cessation of the unfair labor practices found,
subsequent to the initiation of this case, is a matter to be taken up at the compliance stage
of the proceedings. It neither affects the Board's power to issue the remedial order it
here deems appropriate, nor suffices as a basis for withholding the issuance of such order.
The Hod Carriers' case, supra, footnote 3 ; Gay Engineering Corp., 124 NLRB 451. ;
Morrison-Knudsen Company, Inc., et al., d/b/a Robinson Bay Lock Constructors, A Joint
Venture, 123 NLRB 12; Argo Steel Construction Company, 122 NLRB 1077.
6In the portion of the Intermediate Report headed "The Remedy," the Trial Examiner
inadvertently stated that the Respondent would be jointly liable for reimbursement of all
dues, fees, assessments, permit fees, and/or any other moneys exacted from the employees
"under the Respondent Union's jurisdiction as a condition of obtaining or retaining
employment." In the recommended order, however, the Trial Examiner properly limited
the order of reimbursement to employees of the Respondent Greater St. Louis Association.
He failed, however, to make clear that the "employees" covered by the reimbursement
order are past as well as present employees during the period involved in the order. See
Nassau and Suffolk Contractors' Association, Inc., et at., 123 NLRB 1393: Local Union
No. 450, International Union of Operating Engineers, AFL-CIO, et at. (Tellepsen Con-
etruction Company), 122 NLRB 564.
We note, that in objecting to the imposition of this remedy, the Respondent Union
suggests, inter alia, that many of the employees here involved acquired membership prior
to the execution of the unlawful contracts, that they or others would have become or
would have remained members of the Union without regard to such contracts, and that
there is hence no proof that membership was required of all the employees covered by
the reimbursement order as a price of employment. Whether or not this is so is a matter
of speculation. The vice of these contractual arrangements is that they deprive employees
of the elements of free choice to which they are entitled with respect to both the acquisi-
•tion and retention of union membership, without limitation, and likewise, in retaining
jobs, subject -only, in the latter case, to the narrow authorizations afforded employers and
unions under the proviso to Section 8(a) (3), to impose certain limited forms of union
membership obligations. Where, as here, free choice has been foreclosed it is impossible
to determine subsequent to the actions responsible for the foreclosure whether, but for
the coercive elements in these contracts, employees involved would nonetheless have
acquired or retained membership in the Union. It is precisely because the impossibility
of such determination is the direct result of such unlawful contracts that the Board
applies the reimbursement remedy to those responsible for the situation, "whether or not
proof of actual exaction of payments is established." Nassau and Suffolk Contractors'
case, supra.
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rectors Association to the Respondent Union for the period beginning
6 months prior to the filing of the initial charges and ending when
the unlawful discriminatory conditions of employment are abandoned.
The liability for reimbursement to employees of employer members
shall be a joint and several obligation under the Board order directed
to the Respondent Union and the Respondent Funeral Directors of
Greater St. Louis, Inc., as recommended by the Trial Examiner. In
the case of the employees of employer members of St. Louis Funeral
Directors Association, the order is directed solely to the Respondent
Union. However, the Union shall not be deemed liable to reimburse
such employees for moneys previously refunded to them under the
provisions of the informal settlement agreement by and between
St. Louis Funeral Directors Association and the Regional Director
for the Fourteenth Region.
ORDER
Upon the entire record in these cases, and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that:
1. The Respondent Union, Miscellaneous Drivers and Helpers Local
610, International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, its officers, representatives, agents,
successors, and assigns, shall:
(a) Cease and desist from:
(1) Maintaining in its collective-bargaining agreements with the
Funeral Directors of Greater St. Louis, Inc., or with St. Louis
Funeral Directors Association, or with any other employer within its
territorial jurisdiction over whom the Board would assert jurisdic-
tion, any provision that requires membership in, or clearance from,
the Respondent Union as a condition of employment, or which re-
quires that preference in employment be given to members of the
Respondent Union, except as authorized in Section 8(a) (3) of the
Act.
(2) Maintaining and enforcing any agreement, understanding, or
practice with Funeral Directors of Greater St. Louis, Inc., and St.
Louis Funeral Directors Association, their members, or any other
employer within its territorial jurisdiction over whom the. Board
would assert jurisdiction, whereby membership in, clearance from,
or approval of the Respondent Union is required as a condition of
employment, or which requires that preference in employment be
given to members of the Respondent Union, except as authorized in
Section 8(a) (3) of the Act.
(3) Operating any exclusive hiring hall arrangement except under
the standards specified in the Mountain Pacific case (119 NLRB 883).
FUNERAL DIRECTORS OF GREATER ST. LOUIS, INC. 245
(4) Causing or attempting to cause any employer over whom the
Board would assert jurisdiction to discriminate against employees or
applicants for employment in violation of Section 8 (a) (3) of the Act.
(5) In any other mamler restraining or coercing employees or
applicants for employment in the exercise of the rights guaranteed
in Section 7 of the Act, except to the extent that such rights may be
affected by an agreement requiring membership in a labor organiza-
tion as a condition of employment as authorized in Section 8(a) (3)
of the Act.
(b) Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(1) Reimburse all employees of St. Louis Funeral Directors Asso-
ciation for all moneys illegally exacted from them in the manner and
to the extent set forth in the Intermediate Report as modified by the
paragraph of this Decision and Order entitled "The Remedy."
(2) Jointly and severally with the Respondent Funeral Directors
of Greater St. Louis, Inc., reimburse all employees of said Respondent
Association for moneys illegally exacted from them in the manner and
to the extent set forth in the Intermediate Report as modified by the
paragraph of this Decision and Order entitled "The Remedy."
(3) Preserve and make available to the Board and its agents upon
request, for examination and copying, all membership, dues, permit,
and other records necessary to compute the moneys illegally exacted
from said employees.
(4) Post at its offices, in conspicuous places, including all places
where notices to members are customarily posted, copies of the notice
attached hereto marked "Appendix A." Copies of said notice, to be
furnished by the Regional Director for the Fourteenth Region, shall,
after being duly signed by the Respondent Union's representative,
be posted immediately upon receipt thereof and be maintained by the
Respondent Union for 60 consecutive days thereafter. Reasonable
steps shall be taken by the Respondent Union to insure that said
notices are not altered, defaced, or covered by any other material.
(5) Post at the same places and under the same conditions as set
forth in paragraph (4), above, and as soon as they are forwarded by
the Regional Director, copies of the Respondent Funeral Directors
of Greater St. Louis, Inc., notice herein marked "Appendix B."
(6) Mail to the Regional Director for the Fourteenth Region signed
copies of "Appendix A" for posting by the members of the Respondent
Funeral Directors of Greater St. Louis, Inc., and by the members of
the St. Louis Funeral Directors Association, if they be willing, as
provided herein. Copies of said notice, to be furnished by the said
Regional Director, shall, after being signed by the Respondent Union's
535828-60-vol. 125-17
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representative , be forthwith returned to the Regional Director for
such posting.
(7) Notify the Regional Director for the Fourteenth Region in
writing, within 10 days from the date of this Decision and Order,
what steps it has taken to comply herewith.
2. The Respondent Funeral Directors of Greater St. Louis, Inc., its
officers, agents , successors , and assigns, shall:
(a) Cease and desist from :
(1) Maintaining and enforcing any agreement, understanding, or
practice whereby membership in, clearance from, or approval of the
Respondent Union is required as a condition of employment , or which
requires that preference in employment be given to members of the
Respondent Union, except as authorized in Section 8(a) (3) of the
Act.
(2) Operating an exclusive hiring hall arrangement , except under
the standards specified in the Mountain Pacific case , supra.
(3) In any other manner interfering with, restraining , or coercing
employees or applicants for employment in the exercise of the rights
guaranteed in 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 employment, as authorized in
Section 8 (a) (3) of the Act.
(b) Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(1) Jointly and severally with the Respondent Union reimburse
all employees of Funeral Directors of Greater St. Louis, Inc., for
moneys illegally exacted from them in the manner set forth in the
Intermediate Report as modified by the paragraph of this Decision and
Order entitled "The Remedy."
(2) Post at its offices and mail to each of its members copies of the
notice attached hereto marked "Appendix B." Copies of said notice,
to be furnished by the Regional Director for the Fourteenth Region,
shall, after being duly signed by a representative of the Respondent,
be posted by it and by its members immediately upon receipt thereof,
and be maintained for a period of 60 consecutive days thereafter in
conspicuous places, including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by the Respondent
Association and its members to insure that said notices are not altered,
defaced, or covered by any other material.
(3) Post at the same places and under the same conditions as set
forth in paragraph (2), above, and as soon as they are forwarded by
the Regional Director , copies of the Respondent Union's notice herein
marked "Appendix A."
(4) Mail to the said Regional Director copies of the notice attached
hereto marked "Appendix B" for posting by the Respondent Union.
FUNERAL DIRECTORS OF GREATER ST. LOUIS, INC. 247
Copies of said notice, to be furnished by the said Regional Director,
shall, after being duly signed by representative of the Respondent
Association, be forthwith returned to the Regional Director for such
posting.
(5) Notify the said Regional Director in writing, within 10 days
from the date of this Order, what steps it has taken to comply
herewith.
APPENDIX A
NOTICE TO ALL MEMBERS OF MISCELLANEOUS DRIVERS AND HELPERS
LOCAL 610, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that :
WE WILL NOT maintain and enforce any agreement, understand-
ing, or practice with Funeral Directors of Greater St. Louis, Inc.,
St. Louis Funeral Directors Association, or their respective mem-
bers, or with any other employer within our territorial jurisdic-
tion, over whom the National Labor Relations Board would assert
jurisdiction, whereby membership in, clearance from, or approval
of our Union is required as a condition of employment, or which
requires that preference in employment be given to members of
our Union, except as authorized in Section 8 (a) (3) of the Act.
WE WILL NOT operate any exclusive hiring hall except under the
standards specified in the Aloutain Pacific case (119 NLRB 883).
WE WILL NOT cause or attempt to cause members of the Funeral
Directors of Greater St. Louis, Inc., or of St. Louis Funeral Di-
rectors Association, or any other employer over whom the Na-
tional Labor Relations Board would assert jurisdiction, to dis-
criminate against employees or applicants for employment in
violation of Section 8(a) (3) of the Act.
WE WILL NOT in any other manner restrain or coerce employees
or applicants for employment in the exercise of the rights guar-
anteed in 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 employment as authorized
in Section 8 (a) (3) of the Act.
WE WILL reimburse all past and present employees of members
of Funeral Directors of Greater St. Louis, Inc., and of St. Louis
Funeral Directors Association, for the initiation fees, dues, per-
mit fees, assessments, and other moneys they were unlawfully re-
quired to pay our Union as the result of the illegal hiring provi-
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sions in our contracts or understanding with the aforementioned
employers.
MISCELLANEOUS DRIVERS AND HELPERS LOCAL 610,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS
OF AMERICA,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that :
WE WILL NOT maintain, and enforce any agreement, under-
standing, or practice whereby membership in, clearance from, or
approval of Miscellaneous Drivers and Helpers Local 610, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, is required as a condition of employ-
ment, or which requires that preference in employment be given
to members of that Union, except as authorized in Section 8 (a) (3)
of the Act.
WE WILL NOT operate any exclusive hiring hall except under the
standards specified in the Mountain Pacific case (119 NLRB 883).
WE WILL NOT in any other manner interfere with, restrain, or
coerce employees or applicants for employment in the exercise of
the rights guaranteed in Section 7 of the Act, except to the extent
that such rights may be affected by an agreement requiring mem-
bership in a labor organization as a condition of employment, as
authorized in Section 8(a) (3) of the Act.
WE WILL reimburse all our employees for the initiation fees,
dues, permit fees, assessments, and other moneys illegally exacted
from them as the result of the illegal closed-shop hiring arrange-
ment with said labor organization.
FUNERAL DIRECTORS OF GREATER ST. Louis, INC.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
FUNERAL DIRECTORS OF GREATER ST. LOUIS, INC. 249
INTERMEDIATE REPORT
STATEMENT OF THE CASE
Charges having been filed and served; an order consolidating cases, a complaint
and notice of hearing thereon having been duly issued and served by the General
Counsel of the National Labor Relations Board, and answers having been filed by
the above-named Respondents, a hearing involving allegations of unfair labor prac-
tices in violation of Section 8(a)(1) and (3) and 8(b)(1)(A) and (2) of the Na-
tional Labor Relations Act, as amended, 61 Stat. 136, was held in St. Louis, Missouri,
on May 20, 1959, before the duly designated Trial Examiner.
General Counsel, the Respondent Union, and the Respondent Greater St. Louis
Association were represented by counsel 1 and participated in the hearing. Counsel
were afforded full opportunity to heard, to examine and cross-examine witnesses,
to introduce evidence pertinent to the issues, to argue orally, and to file briefs. Briefs
were waived. General Counsel argued.
At the opening of the hearing General Counsel moved for continuance as to the
complaint's allegations against one of the employer Respondents, the St. Louis
Funeral Directors Association, stating that an informal settlement as to such allega-
tions was then in process. The motion was granted, and at the conclusion of the
taking of other evidence the hearing was adjourned sine die. On June 1, 1959,
there was received from General Counsel a motion to withdraw from the com-
plaint all allegations referring to said St. Louis Association. An accompanying
memorandum indicates that service of said motion was made upon all other parties.
No objection to said motion having been received, it is hereby granted, and the hear-
ing declared closed. Said motion and memorandum are hereby made a part of the
record in this case.
Ruling was reserved at the conclusion of the hearing upon a motion by the
Respondent Union to dismiss the complaint. Said motion is disposed of by the fol-
lowing findings, conclusions, and recommendations.
Upon the entire record in the case, and from his observation of the witnesses,
the Trial Examiner makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER ASSOCIATION INVOLVED
The Respondent Greater St. Louis Association is an association of firms engaged
in the business of providing funeral services and livery rental services in the St.
Louis, Missouri, area, and exists in part for the purpose of representing its members,
numbering about 24 and including Matt Hermann & Son, Inc., in collective bargain-
ing with labor organizations through designated representatives in the negotiation,
execution, and administration of collective-bargaining agreements on behalf of its
members with various labor organizations, including the Respondent Union.
At the hearing the parties stipulated that 1 of the 24 members of this association,
Matt Hermann & Son, Inc., had a gross volume of business during 1958 totalling
$605,200, and that during the same period this firm purchased caskets valued at
$58,464.61 from sources outside the State of Missouri.
The Respondent Greater St. Louis Association is engaged in commerce within
the meaning of the Act.
if. THE RESPONDENT LABOR ORGANIZATION
Miscellaneous Drivers and Helpers Local 610, International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of America, is a labor organiza-
tion with the meaning of the Act.
M. THE UNFAIR LABOR PRACTICES
A. The facts
On or about June 30, 1956, the Respondent Greater St. Louis Association and
the Respondent Union entered into a 3-year contract which contains, among other
provisions, the following:
'Although Attorney Karst filed an answer on behalf of both employer associations, at
the opening of the hearing he withdrew as counsel for the Respondent St. Louis Funeral
Directors Association.
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Section III-Union Security
The employer, party of the second part, agrees to hire only members of Local
610, carrying the regular paid-up card of the organization. In the event any
person fails to maintain his union membership in good standing , as required
herein, upon written notice to the employer by the union to such effect, the
employer shall be obligated to discharge such person and shall forthwith dis-
charge such delinquent person. In the event any law, or governmental regula-
tion makes the foregoing illegal, then the parties hereto agree to negotiate a
new Union Security Clause consistent with said law or governmental regulation.
In the event the parties hereto are unable to agree within ten (10) days on said
new Union Security Clause, the union shall have the right to strike in support
of its demands in respect to said clause.
When employers are required to hire regular funeral equipment they shall
hire only from bona fide signatories to this agreement or independent drivers
of St. Louis or St. Louis County and all chauffeurs of this equipment must be
paid-up members of Local 610 Funeral Car Drivers.
In the event the union is unable to furnish the employer within ten (10)
days of the employer's request therefor a new or additional employee(s) who
is qualified to do the work required, a non-member of the Union may be hired
with the understanding, however, that he shall become a member of the Union
at the conclusion of two (2) weeks' work with the employer. In the event
of a dispute as to whether a proposed new or additional employee furnished
by the Union pursuant to the employer's request therefor is qualified to do the
work required, such dispute shall be subject to the grievance procedure in this
agreement set forth.
Upon filling a vacancy, the employer will notify the Union of such vacancy
and the name of the person employed to fill such vacancy.
Section XVII Miscellaneous Provisions
(11) Under the by-laws and constitution of Local 610 all fines and assess-
ments imposed upon chauffeurs must be paid by said chauffeur before he can
return to work.
In performance of the above-described contract the following practices, in material
substance, have been followed and up to the time of the hearing were being fol-
lowed: 2
(1) Periodically the Union has supplied each of the members of the Greater St.
Louis Association with a list of drivers available for call by them. All on this list
are union members.
(2) From time to time it is necessary for the employer members to hire, for a
single occasion, one or more extra drivers. Whenever such an occasion arises, the
employer first communicates with drivers listed by the Union and then, in the event
none on the list is available, communicates directly with the Union for such "extras."
(3) Also from time to time employer members add to their staff of "regular"
drivers, that is, drivers who are to be attached permanently to their payrolls. They
obtain such "regular" drivers also from the list supplied by the Union.
(4) If extra drivers are not available either from the union list or otherwise
provided by the Union, the employer members are permitted by the Union to use,
for extra driving service, one of their own assistant funeral directors.
There is evidence in the record to the effect that the Union and the Greater St.
Louis Association are negotiating a new agreement which does not contain objec-
tionable union-security clauses described above. There is also testimony by counsel
for the Association that prior to the hearing he informed its members that "the
closed shop phases of this contract would not be enforced." Since it appears, how-
ever, that no new contract had been executed at the time of the hearing, the Trial
Examiner perceives no purpose in detailing here the nature of negotiations in progress.
Until effective only speculation is possible and, in any event, since it is clear that
the practice has continued the essential issues remain as set out in the complaint.
B. Conclusions
As stated succinctly by General Counsel in his oral argument: ". . members of
the Association are required (under the above-described contract) to hire only
2 The findings as to practice are based upon the Union's concession at the hearing that
all Association members followed the hiring practices described in the testimony of
Robert E. Kriegshauser, of Kriegshauser Mortuaries.
FUNERAL DIRECTORS OF GREATER ST. LOUIS, INC . 251
members of the Respondent Union carrying a regular paid-up card of the organi-
zation which constitutes a closed shop arrangement and inherently discriminates
against non-union applicants who seek employment." The illegal requirement, the
evidence establishes, has been maintained and enforced in practice, during the 6-
month periods prior to the service of the respective charges against the Respondent
Association and the Respondent Union.
The Trial Examiner therefore concludes and finds that the preponderance of
evidence sustains the allegations of the complaint to the effect that the Respondent
Association has discriminated and is discriminating in regard to the hire and condi-
tions of employment, thereby encouraging membership in the Respondent Union,
by maintaining and enforcing, within the 6-month period prior to the filing of
charges against it, illegal union-security provisions in the contract herein described,
and that by such maintenance and enforcement this Respondent has interfered with,
restrained, and coerced employees in the exercise of rights guaranteed by the Act.
The Trial Examiner likewise concludes and finds that the Respondent Union, by
similarly maintaining and enforcing such provisions, has caused the Respondent
Association to discriminate against employees and prospective employees in the
manner above-described, and thereby has restrained and coerced employees in the
exercise of rights guaranteed by Section 7 of the Act.3
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above, occurring in con-
nection with the operations of the Respondent Association described in section 1,
above, have a close, intimate, and substantial relation to trade, traffic, and commerce
among the several States, and tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondents have engaged in the unfair labor practices
described above, the Trial Examiner will recommend that they cease and desist
therefrom and take certain affirmative action designed to effectuate the policies of
the Act.
In conformance with Board policy recently enunciated in Nassau and Suffolk
Contractors' Association, Inc., et al.,4 the Trial Examiner will recommend that, in
order to expunge the coercive effect of illegal exactions, the Respondent Union and
the Respondent Association jointly reimburse employees under the Respondent
Union's jurisdiction for any dues, fees, assessments, permit fees, or other moneys
that were unlawfully exacted from them as a condition of obtaining or retaining
employment. The liability for reimbursement shall include the period beginning 6
months prior to the filing and service of the original charges against the Respondent
Union and the Respondent Association, respectively, and shall extend to all such
moneys thereafter collected until the abandonment by the Respondent Union and
the Respondent Association of the unlawful hiring practices.
Upon the basis of the foregoing findings of fact, and upon the entire record in the
case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. Miscellaneous Drivers and Helpers Local 610, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organ-
ization within the meaning of Section 2(5) of the Act.
2. By maintaining and enforcing unlawful union-security provisions in its
collective-bargaining agreement with the Respondent Union, the Respondent Asso-
ciation has engaged in and is engaging in unfair labor practices within the meaning
of Section 8(a)(1) and (3) of the Act.
3. By maintaining and enforcing unlawful union-security provisions in its
collective-bargaining agreement with the Respondent Association, the Respondent
Union has engaged in and is engaging in unfair labor practices within the meaning
of Section 8(b) (1) (A) and (2) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication. I
8 See Imperial Wire Company, Inc., 118 NLRB 775, 777; Mountain Pacific Chapter of
the Associated General Contractors , Inc., et al ., 119 NLRB 883; and Jandel Furs, etc.,
100 NLRB 1390, 1391.
4123 NLRB 1393.