Teamsters Local 988 (Emery Worldwide)

National Labor Relations Board - Board Decisions

Dec 14, 1992

309 N.L.R.B. 854 (N.L.R.B. 1992)

854
309 NLRB No. 138
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 On November 1, 1987, the Teamsters International Union was re-
admitted to the AFL–CIO. Accordingly, the caption has been amend-
ed to reflect that change.
2 303 NLRB 306.
3 Chairman Stephens was not on the panel that decided that case.
4 966 F.2d 1003.
5 Id. at 1006.
6 Id. at 1007.
7 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
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.’’
Teamsters Local Union No. 988, International
Brotherhood of Teamsters, AFL–CIO1 and
Emery Worldwide, a CF Company. Case 16–
CB–3497
December 14, 1992
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND OVIATT
On June 10, 1991, the National Labor Relations
Board issued a Decision and Order,2 dismissing the
complaint in its entirety. The complaint alleged that
the Respondent violated Section 8(b)(1)(A) and (3) of
the Act by bargaining and utilizing contractual griev-
ance-arbitration procedures to compel the merger of
the Purolator employees unit with the Emery employ-
ees unit and the application of the Emery contract to
the merged unit. Relying on Chicago Truck Drivers
(Signal Delivery), 279 NLRB 904 (1986), and related
cases, the administrative law judge had found that the
Respondent had violated the Act as alleged. The Board
reversed and did not consider Signal Delivery applica-
ble to the circumstances presented here. The Board
found that the Respondent’s contention that a merger
had already occurred reasonable and raised a bona fide
contractual issue and that the Respondent’s action was
not inconsistent with any prior adjudication. In these
circumstances, the Board found no violation.3
The Charging Party filed a petition for review with
the United States Court of Appeals for the Fifth Cir-
cuit. On July 24, 1992, the court denied enforcement
of the Board’s Order.4 The court reversed the Board
and agreed with the judge that, like the situation dis-
cussed in Signal Delivery, ‘‘the Union attempted un-
lawfully to force the merger of two historically sepa-
rate bargaining units via the arbitration process.’’5 The
court specifically held that the Respondent’s ‘‘attempt
to have the Purolator employees brought within the
Emery contract is clearly an ‘illegal objective’’’6 and,
thus, the Respondent violated Section 8(b)(1)(A) and
(3) of the Act. Accordingly, the court remanded the
case to the Board for entry of an appropriate remedial
order not inconsistent with the court’s opinion.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Having accepted the court’s remand, we regard its
opinion as the law of the case and issue the following
remedial order.
ORDER
The complaint is reinstated.
IT IS FURTHER ORDERED that the Respondent, Team-
sters Local Union No. 988, International Brotherhood
of Teamsters, AFL–CIO, Houston, Texas, its officers,
agents, and representatives, shall
1. Cease and desist from
(a) Refusing to bargain collectively with Emery
Worldwide, a CF Company by insisting on the merger
of the Emery and Purolator bargaining units and on the
application of the Emery unit collective-bargaining
agreement to the Purolator unit employees.
(b) Restraining and coercing employees by pursuing
a contract grievance which demands that the Emery
unit collective-bargaining agreement apply to the
Purolator unit employees.
(c) In any like or related manner restraining or co-
ercing employees in the exercise of the rights guaran-
teed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Withdraw its grievance and arbitration demands
seeking the merger of the Emery and Purolator units
and the application of the Emery unit collective-bar-
gaining agreement to the Purolator unit employees.
(b) Post in conspicuous places at their business of-
fices and meeting halls, copies of the attached notice
marked ‘‘Appendix.’’7 Copies of the notice, on forms
provided by the Regional Director for Region 16, after
being signed by the Respondent’s authorized represent-
ative, shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive days in
conspicuous places including all places where notices
to members are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.
(c) Sign and mail sufficient copies of the notice to
the Regional Director for posting by Emery World-
wide, a CF Company, if that company is willing, at all
locations where notices to employees are customarily
posted.
(d) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
855TEAMSTERS LOCAL 988 (EMERY WORLDWIDE)
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 or-
dered us to post and abide by this notice.
WE WILL NOT refuse to bargain collectively with
Emery Worldwide, a CF Company by insisting on the
merger of the Emery and Purolator bargaining units
and on the application of the Emery unit collective-
bargaining agreement to the Purolator unit employees.
WE WILL NOT restrain and coerce employees by pur-
suing a contract grievance which demands that the
Emery unit collective-bargaining agreement apply to
the Purolator unit employees.
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 withdraw our grievance and arbitration de-
mands seeking the merger of the Emery and Purolator
bargaining units and the application of the Emery unit
collective-bargaining agreement to the Purolator unit
employees.
TEAMSTERS LOCAL UNION NO. 988,
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AFL–CIO