United Lodge No. 66, IAMDownload PDFNational Labor Relations Board - Board DecisionsMay 27, 1970182 N.L.R.B. 849 (N.L.R.B. 1970) Copy Citation 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. Copy with citationCopy as parenthetical citation