United Lodge No. 66, IAM

National Labor Relations Board - Board Decisions

May 27, 1970

182 N.L.R.B. 849 (N.L.R.B. 1970)

UNITED LODGE NO. 66, IAM
United Lodge No. 66 , International Association of Machin-
ists and Aerospace Workers, AFL-CIO (Smith-Lee Co.,
Inc.) and George H. Petz . Case 30-CB-282
May 27, 1970
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
Upon a charge duly filed by George H. Petz, an
individual, on August 11, 1969, the General Counsel
of the National Labor Relations Board, by the Regional
Director for Region 30, issued a complaint on November
14, 1969, against United Lodge No. 66, International
Association of Machinists and Aerospace Workers,
AFL-CIO, herein called Respondent or the Union, alleg-
ing that Respondent had engaged in and was engaging
in unfair labor practices within the meaning of Section
8(b)(1)(A) of the National Labor Relations Act, as amend-
ed, by restraining and coercing employees of Smith-
Lee Co., Inc., herein called the Employer, in the exercise
of- rights guaranteed under Section 7 of the Act, by
imposing a $ 150 fine against Charging Party and removing
and barring him from holding office in Respondent for
a period of 3 years, because Charging Party had circulat-
ed a decertification petition among certain employees
of the Employer. On November 18, 1969, Respondent
-filed an answer denying the commission of any unfair
labor practices.
On November 26 and December 1 and 3, 1969, the
parties executed a stipulation by which they waived
a hearing before a Trial Examiner and the issuance
of a Trial Examiner's Decision and Recommended Order
and agreed to submit the case to the Board for findings
of fact, conclusions of law, and an order based upon
a record consisting of the charge, the complaint and
notice of hearing, the answer, and the stipulation and
exhibits attached thereto.
On December 8, 1969, the Board approved the stipula-
tion of the parties and ordered the case transferred
to the Board, granting permission and time for the
filing of briefs. Thereafter, the General Counsel and
Respondent filed briefs.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the National
Labor Relations Board has delegated its powers in con-
nection with this case to a three-member panel.
Upon the basis of the stipulation, briefs, and the
entire record in this case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Smith-Lee Co., Inc., is a New York corporation with
multistate operations , including a plant located in Mil-
waukee , Wisconsin , where it is engaged in the manufac-
ture of paper products . During the past year , a represent-
ative period , the Employer purchased and received,
849
in interstate commerce, goods and materials valued in
excess of $50,000 from points located outside the State
of Wisconsin. During the same period, the Employer
shipped goods and materials, valued in excess of $50,000,
to customers located outside the State of Wisconsin.
We find that Smith-Lee Co., Inc., is and has been
at all times material herein, an employer engaged in
commerce within the meaning of Section 2(6) and (7)
of the Act and that it will effectuate the purposes of
the Act to assert jurisdiction herein.'
II. THE LABOR ORGANIZATION INVOLVED
United Lodge No. 66 , International Association of
Machinists and Aerospace Workers, AFL-CIO, is a
labor organization within the meaning of Section 2(5)
of the Act.
III. THE UNFAIR LABOR PRACTICES
A. Facts
The charging party, George H. Petz, an individual,
has been employed as a mechanic at the Employer's
Milwaukee, Wisconsin, plant for about 3 years. Petz
joined Respondent , an amalgamated lodge representing,
inter alia, the Employer's production and maintenance
employees, on or about November 22, 1966, and was
elected chairman of Respondent's three-member shop
committee on or about January 1, 1969,2 for a 1-year
term. Among other duties, the shop committeemen pres-
ent grievances to the Employer and participate in con-
tract negotiations.
Prior to and during June 1969, Petz circulated a decerti-
fication petition among certain employees of the Employ-
er. For such action, the business representative for
District 10 of' the International Union, John Pattow,
charged Petz with "conduct unbecoming a member,
specifically attempting, inaugurating and encouraging
secession from" the Union, in a June 26 letter to
Respondent's president, Robert Butcher. On July 1,
Butcher sent a copy of Pattow's letter to Petz and
informed him that a trial might be held in accordance
with the Union's constitution. The next day Petz was
removed from his position as chairman of the shop
committee, pending adjudication of the charges against
him.
A trial was held on July 22, at which Petz appeared
and defended his conduct in circulating the decertification
petition . Thereafter, by letter of August 9, Respondent
informed Petz that he had been found guilty as charged,
fined $150, and barred from holding union office for
3 years. On September 8, Petz was further informed
by letter that his membership would be canceled within
60 days unless he paid the fine, pursuant to article
F of the Union's constitution.3
Siemons Mailing Service, 122 NLRB 81
' All dates are 1969 unless otherwise indicated
Article F of the Union's constitution provides, in relevant part,
that:
If not paid within that time [within 30 days of levy] the [Union]
(Cont )
182 NLRB No. 129
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
To date, Petz has not appealed the findings of the
trial committee, nor has he paid the $150 fine On
October 31, Respondent informed Petz by letter that
it was holding in abeyance enforcement of article F
of the constitution until this proceeding could be adjudi-
cated However, Petz was not restored to his position
as chairman of the shop committee
IV THE REMEDY
Having found that Respondent has engaged in certain
unfair labor practices, we shall order that it cease and
desist therefrom and take certain affirmative action as
provided for in the Order, to remedy and remove the
effects of the unfair labor practices and to effectuate
the purposes of the Act
B The Issue Involved and Contentions of the Parties
Section 8(b)(1)(A) of the Act prohibits a labor organiza-
tion from restraining or coercing employees in the exer-
cise of the rights guaranteed in Section 7, but does
not impair the right of a labor organization to prescribe
its own rules with respect to the acquisition or retention
of membership therein Respondent asserts, in essence,
that since the disciplinary action taken against Petz
did not affect his job status, the fine and prohibition
against holding union office for 3 years is protected
by the proviso to Section 8(b)(1)(A), Respondent con-
tends, in the alternative, that if the Board finds the
$150 fine in violation of the Act, the other aspect of
the penalty should be considered separately and found
not unlawful
The General Counsel argues that this case is indistin-
guishable from Blackhawk Tanning Co , Inc , 178 NLRB
No 25, wherein a majority of the Board held that
a union violates Section 8(b)(1)(A) of the Act by fining
a member who seeks to decertify the union (Member
Brown concurred, holding that a fine collectible through
court action imposes a meaningful restraint upon a mem-
ber's willingness to invoke the Board's representation
procedures and is, thus, unlawful) The General Counsel
also contends that Petz' removal from office and the
subsequent 3-year ban on his holding office likewise
violate the Act
C Discussion and Conclusion
For the reasons stated in their separate opinions in
Blackhawk Tanning Co , Inc , Chairman McCulloch and
Member Brown conclude that Respondent violated Sec-
tion 8(b)(l)(A) of the Act by fining the Charging Party,
George H Petz, for circulating a decertification petition
For the reasons stated therein and in Tawas Tube Prod-
ucts, Inc , 151 NLRB 46, where we held that it was
not unlawful for a union to expel a member for filing
a decertification petition, we conclude that Respondent
did not violate Section 8(b)(1)(A) of the Act by removing
Petz from his position as the duly elected chairman
of the shop committee and barring him from holding
office in Respondent for 3 years
shall notify those in arrears in writing and should they fail to
make payment within 60 days from the date of such written notice
their membership shall be cancelled provided however that
in the case where the [Union] proceeds by a civil court action
to collect such fine or levy the 60 day limitation shall be
inoperative during the pendency of such litigation
CONCLUSIONS OF LAW
I Smith-Lee Co , Inc , is engaged in commerce within
the meaning of Section 2(6) and (7) of the Act
2 United Lodge No 66, International Association
of Machinists and Aerospace Workers, AFL-CIO, is
a labor organization within the meaning of Section 2(5)
of the Act
3 By fining George H Petz for circulating a decerti-
fication petition among certain employees of the Employ-
er, Respondent violated Section 8(b)(1)(A) of the Act
4 The aforesaid unfair labor practice is an unfair
labor practice affecting commerce within the meaning
of Section 2(6) of the Act
5 By removing George H Petz from office as the
duly elected chairman of the shop committee and barring
him from holding office for 3 years, Respondent did
not violate Section 8(b)(1)(A) of the Act
ORDER
Pursuant to Section 10(c) of the National Labor Rela-
tions Act, as amended, the National Labor Relations
Board hereby orders that Respondent, United Lodge
No 66, International Association of Machinists and
Aerospace Workers, AFL-CIO, its officers, agents, and
representatives, shall
1 Cease and desist from
(a) Assessing fines against its members for attempting
to use the processes of the National Labor Relations
Board in having Respondent Union decertified as their
bargaining representative
(b) In any like or related manner restraining or coerc-
ing employees in the exercise of rights guaranteed by
Section 7 of the Act
2 Take the following affirmative action designed to
effectuate the policies of the Act
(a) Rescind the fine assessed against George H Petz
for circulating a petition among employees at Smith-
Lee Co , Inc , to decertify Respondent Union as the
bargaining representative of said employees
(b) Post in conspicuous places in Respondent ' s busi-
ness offices, meeting halls, and all places where notices
to members are customarily posted, copies of the
attached notice marked "Appendix "4 Copies of said
notice on forms to be provided by the Regional Director
' 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
UNITED LODGE NO. 66, IAM 851
for Region 30, after being duly signed by Respondent's
authorized representatives, shall be posted by Respond-
ent immediately upon receipt thereof, and be maintained
by it for 60 consecutive days. Reasonable steps shall
be taken by Respondent to insure that such notices
are not altered, defaced, or covered by any other mate-
rial.
(c) Sign and mail sufficient copies of said notice to
the Regional Director for Region 30 for posting by
Smith-Lee Co., Inc., such employer being willing, at
all places where notices to its employees are customarily
posted.
(d) Notify said Regional Director, in writing, within
10 days from the date of this Order, what steps Respond-
ent has taken to comply herewith.
IT IS FURTHER ORDERED that the complaint be, and
it hereby is, dismissed insofar as it alleges violations
of the Act not specifically found herein.
MEMBER FANNING concurring in part and dissenting
in part:
For the reasons stated in my dissent in Blackhawk
Tanning Co ., Inc., I would find that Respondent had
not violated Section 8(b)(1)(A) of the Act by fining
the Charging Party for circulating a decertification peti-
tion . Like my colleagues, for the reasons stated in
Tawas Tube Products , Inc., I conclude that Respondent
did not violate Section 8 (b)(1)(A) of the Act by removing
Petz from his position as the duly elected chairman
of the shop committee and barring him from holding
office in Respondent for 3 years.
Therefore , for the reasons previously enunciated, I
would dismiss the complaint.
APPENDIX
WE WILL rescind the fine assessed against George
H. Petz for circulating a petition among our mem-
bers at Smith-Lee Co., Inc., to decertify us as
your bargaining representative.
WE WILL NOT assess a fine against any member
of our union for attempting to circulate or file
with the National Labor Relations Board a petition
to decertify us as your bargaining representative.
WE WILL NOT in any like or related manner
restrain or coerce you in the exercise of your
rights guaranteed by Section 7 of the National
Labor Relations Act.
UNITED LODGE NO. 66,
INTERNATIONAL
ASSOCIATION OF
MACHINISTS AND
AEROSPACE WORKERS,
AFL-CIO
(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.
NOTICE TO EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency oi the united States Government
Any questions concerning this notice or compliance
with its provisions, may be directed to the Board's
Office, Suite 230, Commerce Building , 744 North Fourth
Street, Milwaukee, Wisconsin 53203, Telephone
414-272-3861.