International Brotherhood of Teamsters

National Labor Relations Board - Board Decisions

Feb 9, 1973

201 N.L.R.B. 787 (N.L.R.B. 1973)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS 787
International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America (Det
Distributing Company) and W . C. Smith, Trustee
of Teamsters, Chauffeurs, Helpers and Taxicab
Drivers Local Union #327, affiliated with Interna-
tional Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America and Team-
sters, Chauffeurs, Helpers and Taxicab Drivers
Local Union #327, affiliated with International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America and Drivers,
Warehousemen, Maintenance & Allied Workers of
America Local #1. Cases 26-CB-672 and
26-RC-4133
February 9, 1973
DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
BY MEMBERS JENKINS, KENNEDY, AND
PENELLO
On October 30, 1972, Administrative Law Judge
Benjamin B. Lipton issued the attached Decision in
this proceeding. Thereafter, Respondents, Smith and
Local 327, filed exceptions and a supporting brief,
Respondent International filed exceptions and a
supporting brief, and the General Counsel filed
cross-exceptions with a brief in support thereof.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations' Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the record and the
attached Decision in light of the exceptions and
briefs and has decided to affirm the rulings, findings,
and conclusions of the Administrative Law Judge.'
ORDER
A. The Respondent, Teamsters, Chauffeurs,
Helpers and Taxicab Drivers Local Union #327,
affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America, its officers, agents, and representatives,
shall:
1. Cease and desist from restraining or coercing
employees of Det Distributing Company, or the
employees of any other employer within its territorial
jurisdiction as defined hereinafter, in the exercise of
the rights guaranteed them in Section 7 of the Act, by
threatening the employees of said company with
discharge, or other reprisal, for engaging in a
protected strike or other concerted activity; by
physically assaulting the president of Drivers, Ware-
housemen, Maintenance & Allied Workers of Ameri-
ca Local # 1, representing the striking employees of
said company; by deliberately blocking said official
from driving his automobile; by threatening said
official with bodily harm; or by engaging in such
conduct against any other official or agent of Allied
Local # 1; or in any other manner restraining or
coercing said employees in the exercise of their
Section 7 rights. Local 327's territorial jurisdiction,
according to its constitution and bylaws, is half way
between Local 327, located at Nashville, Tennessee,
and its sister locals which include , inter alia, locals in
Louisville and Paducah, Kentucky, and Knoxville
and Memphis, Tennessee, and includes that territory
encompassed and bounded by: the Alabama state
line on the South; the Tennessee River on the West;
the Kentucky state line on the North; the foot of the
Cumberland Mountains (west of Crossville) on the
East.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Mail a copy of the attached notice marked
"Appendix A"2 to each of its members and post
copies thereof at its business offices and meeting
halls. Copies of said notice, on forms provided by the
Regional Director for Region 26, after being duly
signed by the official representative for each of the
Respondents herein, shall, immediately upon receipt
thereof, be mailed to each member, and be posted
and maintained for 60 consecutive days thereafter, in
conspicuous places, including all places where
notices to its members are customarily posted.
Reasonable steps shall be taken to insure that such
notice is not altered, defaced, or covered by any
other material.
(b) In the same manner sign and mail sufficient
copies of said notice to the Regional Director for
Region 26 for posting by Det Distributing Company
at all locations where notices to employees are
customarily posted, if said company is willing to do
so.
(c) Notify the Regional Director for Region 26, in
writing, within 10 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
B. The Respondents, W. C. Smith, Trustee of
Teamsters, Chauffeurs, Helpers and Taxicab Drivers
Local Union #327, affiliated with International
1 Inasmuch as no proclivity for violation of the Act has been shown on
the part of the Trustee or the International , we shall issue a broad order
only against Local 327 and a narrow order against the Trustee and the
International.
2 In the event that 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 National 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."
201 NLRB No. 103
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America; and International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Nashville, Tennessee,
their officers , agents, and representatives , shall:
1. Cease and desist from restraining or coercing
employees of Det Distributing Company, or the
employees of any other employer within its territorial
jurisdiction as defined hereinafter , in the exercise of
the rights guaranteed them in Section 7 of the Act, by
threatening the employees of said company with
discharge, or other reprisal, for engaging in a
protected strike or other concerted activity; by
physically assaulting the president of Drivers, Ware-
housemen, Maintenance & Allied Workers of Ameri-
ca Local # 1 , representing the striking employees of
said company; by deliberately blocking said official
from driving his automobile; by threatening said
official with bodily harm ; or by engaging in such
conduct against any other official or agent of Allied
Local # 1 ; or in any like or related manner
restraining or coercing said employees in the exercise
of their Section 7 rights Local 327's territorial
jurisdiction, according to its constitution and bylaws,
is half way between Local 327, located at Nashville,
Tennessee , and its sister locals which include, inter
alia, locals in Louisville and Paducah , Kentucky, and
Knoxville and Memphis , Tennessee, and includes
that territory encompassed and bounded by: the
Alabama state line on the South; the Tennessee
River on the West ; the Kentucky state line on the
North; the foot of the Cumberland Mountains (west
of Crossville) on the East.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Mail a copy of the attached notice marked
"Appendix B"3 to each of its members and post
copies thereof at its business offices and meeting
halls. Copies of said notice, on forms provided by the
Regional Director for Region 26, after being duly
signed by the official representative for each of the
Respondents herein, shall, immediately upon receipt
thereof, be mailed to each member, and be posted
and maintained for 60 consecutive days thereafter, in
conspicuous places, including all places where
notices to its members are customarily posted.
Reasonable steps shall be taken to insure that such
notice is not altered, defaced, or covered by any
other material.
(b) In the same manner sign and mail sufficient
copies of said notice to the Regional Director for
Region 26 for posting by Det Distributing Company
at all locations where notices to employees are
customarily posted, if said company is willing to do
so.
(c) Notify the Regional Director for Region 26, in
writing, within 10 days from the date of this Order,
what steps the Respondents have taken to comply
herewith.
IT IS FURTHER ORDERED that the election in Case
26-RC-4133, on February 23, 1972, be, and it hereby
is, set aside.
[Direction of Second Election and Excelsior foot-
note omitted from publication.]
7 See In. 2, supra
APPENDIX A
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT restrain or coerce the employees
of Det Distributing Company, or the employees
of any other employer within our territorial
jurisdiction, by threatening the employees of said
company with discharge , or other reprisal, for
engaging in a protected strike or other concerted
activity; by physically assaulting the president of
Drivers, Warehousemen Maintenance & Allied
Workers of America Local # 1, representing the
striking employees of said company; by deliber-
ately blocking said official from driving his
automobile; by threatening said official with
bodily harm ; or by engaging in such conduct
against any other official or agent of said Local
# 1; or in any other manner restraining or
coercing the employees of said company, or the
employees of any other employer , in the exercise
of the rights guaranteed them in Section 7 of the
Act.
TEAMSTERS, CHAUFFEURS,
HELPERS AND TAXICAB
DRIVERS LOCAL UNION
#327, AFFILIATED WITH
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
(Labor Organization)
Dated By
(Representative) (Title)
This is an official notice and must not be defaced
by anyone.
This notice must remain posted for 60 consecutive
days from the date of posting and must not be
altered , defaced , or covered by any other material.
Any questions concerning this notice or compliance
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
with its provisions may be directed to the Board's
Office, Clifford Davis Federal Building , Room 746,
167 North Main Street, Memphis, Tennessee 38103,
Telephone 901-534-3161.
APPENDIX B
NOTICES TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT restrain or coerce the employees
of Det Distributing Company, or the employees
of any other employer within our territorial
jurisdiction, by threatening the employees of said
company with discharge, or other reprisal, for
engaging in a protected strike or other concerted
activity; by physically assaulting the president of
Drivers, Warehousemen Maintenance & Allied
Workers of America Local # 1, representing the
striking employees of said company; by deliber-
ately blocking said official from driving his
automobile; by threatening said official with
bodily harm; or by engaging in such conduct
against any other official or agent of said Local
# 1; or in any like or related manner restraining
or coercing the employees of said company, or the
employees of any other employer, in the exercise
of the rights guaranteed them in Section 7 of the
Act.
W. C. SMITH, TRUSTEE
OF TEAMSTERS,
CHAUFFEURS, HELPERS
AND TAXICAB DRIVERS
LOCAL UNION #327
AFFILIATED WITH
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
(Labor Organization)
Dated
Dated
By
(Representative) (Title)
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
(Labor Organization)
By
(Representative) (Title)
789
This is an official notice and must not be defaced
by anyone.
This notice must remain posted for 60 consecutive
days from the date of posting and must not be
altered, defaced, or covered by any other material.
Any questions concerning this notice or compliance
with its provisions may be directed to the Board's
Office, Clifford Davis Federal Building, Room 746,
167 North Main Street, Memphis, Tennessee 38103,
Telephone 901-534-3161.
DECISION
STATEMENT OF THE CASE
BENJAMIN B. LIPTON , Administrative Law Judge : In Case
26-CB-672, pursuant to an original charge filed on
December 27, 1971,1 and an amended charge on March
9; 2 a complaint was issued by the General Counsel on
March 10, alleging that the several Respondents , by certain
acts of restraint and coercion of employees , violated
Section 8(b)(1)(A) of the Act. In Case 26-RC-4133,
pursuant to a petition for certification filed on December
14, and a Decision and Direction of Election by the
Regional Director on January 27,3 a Board election was
conducted February 23 in a unit essentially consisting of
drivers, warehousemen , and salesmen of Det Distributing
Company of Nashville , Tennessee . Of "approximately" 20
eligible employees , all of whom cast ballots, there were 10
votes for Allied Local I and 10 votes for Teamsters Local
327. Thereafter, timely objections were filed by Allied
Local 1. On March 23, the Regional Director issued his
report on the election . As to all the specific objections, no
supporting evidence had been submitted , and approval was
granted for their withdrawal . On the basis of a further
general objection ,4 the Regional Director found that the
alleged violations in Case 26-CB-672 raised substantial
and material issues and consolidated the complaint and
representation cases for hearing . On May 2 and August 22,
1972, the consolidated proceeding was heard before me in
Nashville, Tennessee . All parties were afforded full
opportunity to present relevant evidence and to argue
orally on the record . Briefs filed by the General Counsel
and the Respondents have been duly considered.
On the entire records in the cases ,6 and from my
observation of the witnesses, I make the following:
i All dates are sequentially in 1971 and 1972 , unless otherwise specified.
2 The amended charge added only the International and Trustee Smith
as Respondents , fully named in the above caption.
3 The transcript and exhibits of the representation hearing on January 13
were admitted in the present record by stipulation of the parties
a Alleging that "the Teamsters and the Company created an atmosphere
which rendered a fair election impossible."
5 Two separate documents are marked and admitted as Resp Exh
I. After the first exhibit , the successive exhibits are hereby marked
2 through 4
6 General Counsel's motion for summary judgment , made at the hearing,
is disposed of in accordance with the findings below.
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. JURISDICTION
Det Distributing Company, herein called Det, maintains
a place of business in Nashville, Tennessee, where it is
engaged in the wholesale distribution of beer. During the
year preceding issuance of the complaint, it had a direct
inflow in interstate commerce valued in excess of $50,000.
Respondents admit, and I find, that Det is engaged in
commerce within the meaning of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, and its Local 327,
herein respectively called the International, and Teamsters
Local 327, or Local 327, are labor organizations within the
meaning of the Act.
Drivers, Warehousemen, Maintenance & Allied Workers
of America Local # 1, herein called Allied Local 1, is a
labor organization within the meaning of the Act.7
111. THE UNFAIR LABOR PRACTICES
A. Issues
The General Counsel's evidence on the substantive
allegations of the complaint was not refuted by Respon-
dents and establishes certain violations described below.
The remaining questions concern the breadth of the
remedial order and the responsibility of the International
and Trustee Smith named as Respondents.
B. Background
On May 22, 1968, an initial contract was executed
between Det and Teamsters Local 327 for a term of 2
years, with a yearly automatic renewal provision. In its
written form, the contract was allowed to expire, but the
relationship continued upon an oral arrangement under
which Det adhered to the pay rates and certain of the
terms of an area master contract. On March 12, 1971, the
International formally designated Trustee Smith to take
full and complete control of the affairs of Local 327.
However, a temporary restraining order enjoined Smith
from taking control over the local until June 11, and he did
not obtain effective possession of the books and records
until July 17. Under the trusteeship, Smith appointed Zane
Adams as a business agent , and retained certain of the
existing officers of the local. After assuming control, Smith
found that the local had permitted numerous contracts to
expire, and he attempted, through the business agents, to
seek new agreements with such employers . Business Agent
Adams was instructed to negotiate with Det. In August
1971, an oral agreement was reached covering pay rates,
health and welfare, and vacations, and otherwise extending
the terms of the original contract to May 22, 1972. With
7 Based on specific evidence adduced , and the previous holding in Case
26-RC-4133
8 Craighead was formerly a business agent of Local 327
B Later that morning , a similar statement was made to the men by Mr
Dettwiller, owner of Det
10 A driver, Willie L Jones, testified that Ellis said , "we all had better
respect to the petition later filed, the Regional Director
held that this asserted contract was no bar to the election.
In mid-December, Allied Local I commenced its
organizing campaign and, on December 14, filed a petition
for an election , supra. Beginning December 27 for a period
of 2 weeks, Det's premises were picketed by Allied Local 1,
under the direction of its president, James R. Craighead.8
In addition, Det's trucks making deliveries were followed
by striking employees.
C. Restraint and Coercion
1. In the morning of December 27, a picket line was
established outside Det's place of business, attended by
Craighead and all or most of the drivers. Later, about 7:15
a.m., three cars arrived with business agents and members
of Teamsters Local 327. These consisted of Dave Hodgin,
secretary-treasurer; William Ellis, Zane Adams, and one
Burris, business agents; and Leonard Voss and William
Waters, members. They entered the office of Det. Before
Ellis went inside, he spoke to Craighead, stating that the
Teamsters had a contract. Craighead replied that there was
no contract, as it had long been expired. About 7:30 a.m.,
certain company representatives and union agents ap-
proached Craighead and the striking employees. As
testified by Craighead, Det's attorney, Charles H. White,
said that he was going to run the trucks and that "there
would be some people fired."9 Then Ellis stated that "the
Teamsters would sanction such action if they didn't get
their . . . asses in the trucks and drive them." 10 Respon-
dents argue that, when these statements were made, Local
327 and Det believed they had a valid contract, containing
a no-strike provision, which would justify discharge of the
employees engaging in an unlawful wildcat strike. Two
witnesses, the only employees called, testified they were
not aware of any contract existing at the time of the strike.
Whether or not the word "sanction" was actually used,
Ellis conveyed the clear meaning that Local 327 would
encourage and support the discharge of the striking
employees. It is quite evident in the record that Local 327
strongly and actively opposed the strike. The striking
employees had reason to believe they were being threat-
ened by Ellis because of their concerted activity against the
interests of Local 327. There has been no showing of an
enforceable contract under which the striking employees
could legally be discharged for such activity. It is no
defense that Local 327 "believed" such a contract existed.
In the entire context, it is concluded that Teamsters Local
327 engaged in a threat of discharge which interfered with
the employees' protected right to strike, thereby violating
Section 8(b)(IXA).ii
2. The next morning, December 28, Craighead and the
striking employees, including Willie L. Jones and Andrew
J. Cook, were at Det's plant. It was raining , and many of
these individuals showed up in cars. Craighead's car was
parked behind Jones' car and to the front and side of
.. go to work before we got our asses fired ." and that Ellis also indicated
Local 327 had a contract with Det and represented the employees , but there
was no mention of a no-strike clause.
ii See Zenith Radio Corp v. N LR.B, 81 LRRM 23%(C A 7), enfg. 186
NLRB No. 127.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
Cook's car, while each of them was seated in his vehicle.
Hodgin and Ellis, agents of Local 327, were in their
separate cars across the drive. When Craighead started to
leave , Hodgin and Ellis pulled up and parked their cars
adjacent to Craighead's car, blocking his way out from this
angle. About the same time , Voss, a member of Local 327,
arrived in a panel truck. Voss walked up to Craighead's
car, tapped on the car window with a pocket knife, and
offered Craighead $200 to get out of the car. He said, "Get
out you son-of-a-bitch, what are you trying to do, destroy
the Teamsters?" Jones and Cook observed and heard Voss.
Jones then drove forward, which permitted Craighead to
emerge with his car and leave the scene.
The testimony is too speculative to support a finding that
Hodgin and Ellis knew what Voss was about to do, or that
they acted in concert with Voss. However, I find that
Hodgin and Ellis did deliberately attempt to block
Craighead's car and prevent him from leaving. The
question of Local 327's responsibility for Voss' conduct is
more difficult. Voss was a member but not an official of
Local 327. It does not appear that he was an employee of
Det. He was in the close company of agents of Local 327
during incidents arising from the strike against Det by
Allied Local 1. It is manifest that Local 327 was strongly
resisting the strike. Voss' statement to Craighead clearly
shows he was participating in such resistance. In the
circumstances, I find that Voss was an apparent agent of
Local 327 in the eyes of the striking employees. No
evidence was put in by Local 327 otherwise to explain
Voss' presence at Det's premises. Furthermore, I infer that
Agents Hodgin and Ellis must have been aware, during or
shortly after the event, of Voss' threat to Craighead,
witnessed by employees of Det, and find that it was
incumbent upon them, or Local 327, to disavow Voss'
conduct, which they failed to do.12 Therefore I conclude
that Teamsters Local 327, by the incidents described
above, in blocking Craighead's car and threatening him
with bodily harm, thereby coercing Det's striking employ-
ees, engaged in violations of Section 8(b)(1)(A).
3. On December 28, Craighead and Cook , in separate
cars, followed a Det truck to the Parkway Market. In the
presence of Det 's salesman , John Cox, Craighead asked the
store proprietor not to buy beer from Det because of the
strike. An automobile pulled up containing Hodgin, Voss,
Waters, and one other person. Craighead tried to leave but
was blocked from entering his car by Voss, with Hodgin
and Waters standing on either side of Craighead. Voss
called Craighead a "bald-headed son-of-a-bitch," and
asked him if he was going to shoot them with the gun he
had in his pocket. Craighead took his hand out of his
pocket to show that he had no gun. Voss then struck him
on the head with his fist. Fighting and scuffling with Voss
and Waters, Craighead entered the store. He appealed to
Hodgin to get Voss and Waters off his back because they
were hurting him. Hodgin replied, "Well, they are going to
kill you if you don't quit following the trucks." The attack
12 See, e g , United Steelworkers of America, Local 2118 (Worcester
Stamped Metal Co), 153 NLRB 1561. 1569: Teamsters Local #115, etc
(EJ Lavino & Company), 157 NLRB 1637, 1643, General Truck Drivers, etc.,
Local5 ( Union Tank Car Co), 172 NLRB No 11
791
on Craighead outside the store was witnessed by Cook,
Cox, and the driver of Det's truck.
As an agent of Local 327, Hodgin directly threatened
Craighead, and plainly encouraged and condoned the
violence visited upon Craighead by Voss and Waters in the
presence of Det employees . 13 Accordingly , I find that, in
assaulting and threatening Craighead, Teamsters Local 327
restrained and coerced employees in violation of Section
8(b)(1)(A)•
4. On January 3, the following was witnessed by
striking employees outside Det's premises: Business Agent
Zane Adams accosted Craighead , who was about to leave
in his car, and asked him to go into the alley and have a
fight . Employee Jones then offered to fight Adams in
Craighead 's place. Jones testified that Ellis stepped in and
said , "No, it ain't going to be anything like this."
Craighead went on his way, and there was no fight.
I do not agree with Respondents' contention that "there
was a disclaimer and a command given by the principal
agent for the Local Union to bar improper conduct." Ellis
was not shown to be the principal agent . His statement was
not a disclaimer , nor did it provide assurance that the
threat will not be repeated in the future. Adams was a new
business agent, directly appointed by Trustee Smith. The
hostility in Adams' threat required more than such an
intercession of another business agent to neutralize its
coercive impact on the employees. I find the alleged
violation of Section 8(b)(1)(A).
The foregoing violations were committed by Teamsters
Local 327, while it was under the complete control of
Trustee Smith . Therefore, Trustee Smith , as a named
Respondent , is also clearly liable for the violations.
Pursuant to the constitution of the International, Smith
was appointed as a "temporary Trustee" under the
authority of the International 's general president; he was
subject to the general president 's continuing supervision,
and could be removed and replaced by a successor trustee
at any time . In view of these provisions and contingencies,
I find that Trustee Smith acted at all times as the agent of
the International , and that, as the principal, the Interna-
tional is likewise responsible for the 8(b)(1)(A) violations,
as alleged.
D. The Objections to the Elections
I find the various acts of restraint and coercion engaged
in by Respondents materially interfered with the election
held on February 23, 1972. More than 7 months have
elapsed since the election , and more than 9 months since
the dates of the unfair labor practices and of the original
charge filed . 14 It is my recommendation that the Regional
Director conduct a new election as soon as may be done,
so that any further delay is minimized in affording the
employees their rights of representation.
IV. THE REMEDY
Having found that the Respondents, Local 327, Trustee
13 lbid
14 Teamsters Local 327 also filed, on April 12, 1972, a charge against
Allied Local I involving Det's employees during the same time period, and
the case was settled, according to statements of the General Counsel.
792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Smith and the International, engaged in, or were responsi-
ble for, certain unfair labor practices, I shall recommend
that they cease and desist therefrom and take certain
affirmative action designed to effectuate the policies of the
Act.
The General Counsel seeks a broad order, running
against each of these Respondents, which would encom-
pass the language, e.g., to cease and desist from restraining
or coercing the employees of Det, or any other employer
within the territorial jurisdiction of Local 327. It is
established that Local 327 has a history and proclivity to
engage in violations of Section 8(b)(1)(A), involving
violence of a flagrant character.15 The violations found
herein are similar in nature. In the Whale and Coca Cola
cases,16 broad cease-and-desist orders are outstanding
against Local 327. In all these prior decisions, Local 327
was not under trusteeship, and the International was not a
respondent. Answering arguments of Respondents,17 only
the conduct of Local 327 is in question, and the
appropriate remedy recommended herein relates only to
future practices in the functioning of Local 327 as a labor
organization.'8 The appointment of a trustee, or other
change of control over the operations of Local 327, should
not be a means of avoiding responsibility for past
violations. I find that a Board order against each of the
Respondents, as clarified herein, is necessary to prevent
Local 327 from continuing, with impunity, to violate
Section 8 (b)(1)(A).19
Because the incidents at Parkway Market, supra, were
reported in two Nashville newspapers, General Counsel
seeks an order requiring Respondents to publicize the
notice, in the Appendix hereto, in newspapers of general
circulation within Local 327's jurisdiction . In my opinion
there is no necessity for such a remedy .20 These newspa-
pers may or may not, in their own judgment , see fit to
report on the decision herein . However, I shall recommend,
in addition to the posting of the notice, that the
Respondents be required to mail copies of such notice to
all members of Local 327.21
Upon the foregoing findings of fact , and upon the entire
record in the cases , I make the following:
CONCLUSIONS OF LAW
1. Det Distributing Company is an employer engaged
in commerce within the meaning of Section 2(6) and (7) of
the Act.
2. Allied Local 1, and the Respondents , Teamsters
Local 327, and the international , are labor organizations
within the meaning of Section 2(5) of the Act.
3. By threatening Det's employees with discharge; by
physically assaulting the president of Allied Local 1,
representing the striking employees of Det; by deliberately
blocking said official from driving his automobile in the
course of the strike ; and by threatening said official with
bodily harm , the Respondents , jointly and severally, have
restrained and coerced employees in the exercise of their
rights guaranteed in Section 7 of the Act, and have thereby
engaged in and are engaging in unfair labor practices
within the meaning of Section 8(bxl)(A) of the Act.
4. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of
Section 2(6) and (7) of the Act.
5. The unlawful conduct of the Respondents interfered
with the election held on February 23, 1972.
[Recommended Order omitted from publication.]
15 Teamsters, Chauffeurs, Helpers and Taxicab Drivers, Local Union No
327 (Greer Stop Nut Co), 160 NLRB 1919: Teamsters, Chauffeurs. Helpers
and Taxicab Driver,, Local Union No 327 (Hartmann Luggage Company),
173 NLRB 1403, enfd. as modified 419 F 2d 1282 (C A 6), Teamsters,
Chauffeurs, Helpers and Taxicab Drivers, Local Union No 327 (Whale,
Inc, and Richev Electronics, Inc), 178 NLRB 422, as amended on
April 28, 1971, enfd 432 F 2d 933 (C A 6). Teamsters. Chauffeurs,
Helpers and Taxicab Drivers, Local Union No 327 (Coca-Cola Bottling
Wor/is of Nashville), 184 NLRB No 10
i6 Ibid
17 It might be construed from the complaint and the contentions of the
General Counsel that the International is sought to be made responsible
generally
'' Thus, it should be clear that Trustee Smith and the International are
responsible for the violations and the remedy only insofar as concerns the
operations of Local 327 , that Trustee Smith is responsible only in his
capacity as agent for the International. and that the International is
responsible only so long as Local 327 is under a constitutional trusteeship,
or similar agency. whether carved out by Trustee Smith , or other duly
appointed trustee , or directly by the International
i" E g. Local 542, International Union of Operating Engineers, AFL-CIO
(Elmhurst Contracting Co. Inc), 141 NLRB 53. 56 (where a broad order
issued against the trustee and the International as well, although they were
not involved in the prior cases)
211 The Whale case, supra, 178 NLRB at 427
2i mid