Teamsters Local 810 (Kate's Art)

National Labor Relations Board - Board Decisions

Feb 29, 1984

268 N.L.R.B. 1378 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 810, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America and Parsons Art Supply d/b/a Kate's
Art Supply. Case 2-CB-9956
29 February 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND HUNTER
On 16 November 1983 Administrative Law
Judge Raymond P. Green issued the attached deci-
sion. The Respondent and the General Counsel
filed exceptions and supporting 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
as modified.
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge as modified below and orders that the Re-
spondent, Local 810, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, its officers, agents, representatives, and
assigns, shall take the action set forth in the Order
as modified:
1. In paragraph 2(a) add "and members" after
"employees."
2. Insert the following as paragraph 2(b):
"(b) Sign and return to the Regional Director for
Region 2 sufficient copies of the notice for posting
by Parsons Art Supply d/b/a Kate's Art Supply, if
willing, at all places where notices to employees
are customarily posted."
3. Add the following as paragraph 2(c):
"(c) Notify the Regional Director for Region 2
in writing within 20 days of this Order what steps
the Respondent has taken to comply."
I Contrary to the judge, we would find a cease-and-desist order war-
ranted in this case even absent the Respondent's previous violations of
the Act.
DECISION
STATEMENT OF THE CASE
RAYMOND P. GREEN, Administrative Law Judge: This
case was heard by me in New York, New York, on Sep-
tember 29, 1983. The charge was filed on June 13, 1983,
and the complaint issued on July 20, 1983. In substance,
the complaint alleges that on June 10, 1983, the Union
by its agent, Steven Silverman, "in the presence of em-
ployees of the Employer and at the Employer's facility
(a) threatened to inflict property damage to the Employ-
er's facility and the contents thereof, and (b) threatened a
supervisor of the Employer with physical harm."
The General Counsel presented four witnesses to sup-
port the complaint, these being Manager Kate Edwards
and employees Thomas Brydelsky, Emanuel Jones, and
Cassandra Coulianos. The Respondent presented Silver-
man who denied the statements attributed to him. Thus,
the factual issues turn on credibility. In this respect, I
note that although the General Counsel's witnesses, all of
whom were present when the transactions took place,
were mutually corroborative on some points, their ver-
sions diverged in certain material respects. On the whole,
of all the witnesses I heard, I was most impressed with
the testimony and demeanor of Cassandra Coulianos on
whose testimony I shall rely.
Based on the entire record in this case including my
observation of the demeanor of the witnesses, and after
considering the briefs filed by counsel, I make the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
At the hearing the Respondent amended its answer to
admit the jurisdictional allegations of the complaint.
Therefore, it is found that the Employer is engaged in
commerce within the meaning of Section 2(2), (6), and
(7) of the Act and that the Respondent is a labor organi-
zation within the meaning of Section 2(5) of the Act.
II. THE ALLEGED UNFAIR LABOR PRACTICES
The Employer operates an art supply store at 13th
Street in the city of New York which is not far away
from the Union's office. It employs about eight employ-
ees other than Kate Edwards who is the manager.
On a few occasions in March and April 1983 various
representatives of the Union visited the store in an un-
successful attempt to interest the employees in joining
the Union. On June 10, Steven Silverman entered the
store, which gave rise to the events of this case.
When Silverman entered the store, he attempted to
speak to an employee about the Union and after that
continued to browse around. When Kate Edwards saw
him, she came downstairs and asked if he wished to
make a purchase. (She was aware by this time that he
was a union representative.) He responded that he might
or might not be interested in making a purchase. She
then told him that he had no business in the store and
requested that he leave. He refused, stating that it was a
public place. Her retort was that if he did not leave, she
would have the police called. She then left to call the
police. According to Cassandra Coulianos, it was at this
time that Silverman said that the glass windows looked
so lovely that it would be a shame if they were broken.
268 NLRB No. 212
1378
TEAMSTERS LOCAL 810 (KATE'S ART)
When Silverman sought to leave the store he found
that the door had been locked and he asked Brydelski if
he was being prevented from leaving. Brydelski said yes.
It appears that Brydelski's intent was to force Silverman
to remain in the store until the police came. In this re-
spect, Brydelski closed the door by putting scissors into
the latch. At this point, Silverman discovered the scis-
sors, removed them from the latch, and threw them on
the floor. When Brydelski then stood in his way, block-
ing Silverman from leaving, Silverman, in any angry
tone told him to "get the hell out of my way." When
Brydelski did not move, Silverman pushed past him and
left.' According to Edwards, Brydelski, and Emanuel
Jones, when Silverman left, he said either that he would
come back and break the glass or smash up the store.
Kate Edwards also asserts that Silverman said that he
would come back and get her. This is denied by Silver-
man. Also, according to Brydelski, as Silverman exited,
he turned to another union agent (who was standing out-
side the door), and said, "do you believe this guy, I'm
going to kill him." The problem with Brydelski's testi-
mony concerning this last alleged threat (which is denied
by Silverman) is that no other person could corroborate
it and Brydelski had to be shown his pre-trial affidavit
before he could recall it. I note, in this respect, that the
event occurred only 3 months before Brydelski gave his
testimony.
Ill. CONCLUDED FINDINGS
Based on the entire record in this case, it is my opinion
that Silverman while at the store, and after having been
asked to leave, did make a threat of property damage in
the presence of employees. Thus, based on the testimony
of Coulianos, I find that after being asked to leave the
store, Silverman said that the store windows looked so
lovely, it would be a shame if they were broken. On the
other hand, I do not believe the credible evidence is suf-
ficient to support the conclusion that Silverman threat-
ened to inflict bodily harm on anybody. While the entire
matter can hardly be viewed as earthshaking and borders
on being de minimus and/or isolated, I shall nevertheless
recommend that a cease-and-desist order be issued and
that a notice be posted. I make this recommendation be-
cause the Union has been found, in prior cases, to have
engaged in similar violations of the Act. See Teamsters
Local 810 (Russell Plastics), 235 NLRB 40 (1978), and
Teamsters Local 810 (Scales Compressor Air Corp.), 200
NLRB 575 (1972).
CONCLUSIONS OF LAW
I. The Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
2. Parsons Art Supply d/b/a Kate's Art Supply is an
employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
3. The Respondent violated Section 8(b)(l)(A) of the
Act when its agent, Steven Silverman, threatened to in-
The General Counsel does not allege that Silverman violated the Act
when he pushed Brydelski.
flict property damage upon the Employer's premises in
the presence of its employees.
4. The aforesaid unfair labor practice affects commerce
within the meaning of the Act.
5. Except to the extent herein found, the other allega-
tions of the complaint are dismissed.
On these findings of fact and conclusions of law and
on the entire record, I recommend the following
ORDER 2
The Respondent, Local 810, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, it officers, agents, and representatives, shall
1. Cease and desist from
(a) Threatening to inflict damage to the property of
Parsons Art Supply d/b/a Kate's Art Supply in the pres-
ence of said Company's employees.
(b) In any like or related manner interfering with, re-
straining, or coercing said employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action which is nec-
essary to effectuate the policies of the Act.
(a) Post in conspicuous places, including all places
where notices to employees are customarily posted,
copies of the attached notice marked "Appendix." 3
Copies of said notice on forms provided by the Regional
Director for Region 2 shall, after being signed by the
Respondent's authorized representative, be posted imme-
diately upon receipt and maintained for 60 consecutive
days. Reasonable steps shall be taken by the Respondent
to ensure that said notices are not altered, defaced, or
covered by any other material.
(b) Notify the Regional Director in writing within 20
days from the date of this Order what steps Respondent
has taken to comply.4
2 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.
s 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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board."
4 If these Recommendations are adopted by the Board, this provision
shall be modified to read: "Notify the Regional Director for Region 2, in
writing, within 10 days from the date of this Order, what steps the Re-
spondent has taken to comply herewith"
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT threaten to inflict damage to the prop-
erty of Parsons Art Supply d/b/a Kate's Art Supply in
the presence of said Company's employees.
1379
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT in any like or related manner threaten, cise of the rights guaranteed to them by Section 7 of the
restrain, or coerce the aforesaid employees in the exer- Act.
LOCAL 810, INTERNATIONAL BROTHER-
HODD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMER-
ICA