Local 248, Meat & Allied Food Workers

National Labor Relations Board - Board Decisions

Feb 23, 1976

222 N.L.R.B. 1023 (N.L.R.B. 1976)

LOCAL 248, MEAT & ALLIED FOOD WORKERS 1023
Local 248, Meat, & Allied Food Workers, affiliated
with Amalgamated Meat Cutters and Butcher
Workmen of North, America, AFL-CIO and Mil-
waukee Independent Meat Packers Association.
Case 30-CB-771
February 23, 1976
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND PENELLO
On September 29, 1975, Administrative Law Judge
Eugene E. Dixon issued the attached Decision in this
proceeding. Thereafter, all parties filed exceptions
and supporting briefs, and the Respondent Union
also filed a brief in opposition to the exceptions of
the General Counsel and Charging Party.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the record and the at-
tached Decision in light of the exceptions and briefs
and has decided to affirm the rulings,' findings, and
conclusions of the Administrative Law Judge and to
adopt his recommended Order, with the following
modifications:
A. We agree with the Administrative Law Judge
that the Respondent is properly held accountable,
with the exceptions set forth below, for the various
acts of violence and other misconduct detailed in his
Decision. The record shows or fully supports a direct
inference that all such misconduct was done by
Respondent's officers or other agents, or by the strik-
ing employees whom it represents; that Respondent's
officers were made fully aware of the occurrence of
extensive and grievous misconduct; and ' that they
nevertheless made no conscientious serious attempts
'The Respondent claims it was not afforded -a proper opportunity to
prepare its defense in view of the alleged vagueness of the complaint, the
denial of its motion for a bill of particulars, and the limited time between
the issuance of the complaint and the holding of the hearing. We find no
meet in this claim, for, as the Administrative Law Judge concluded, the
complaint was sufficiently precise to inform the Respondent of the nature of
the case and types of incidents it had to defend against, and the General
Counsel's answers to Respondent's interrogatories in the related court pro-
ceeding under Sec. 10(j) of the Act provided the Respondent with the specif-
ics concerning each 8(b)(l)(A) allegation of the complaint. Further, the Re-
spondent has indicated no special circumstances in this case showing that
due process would require that it be granted, for preparation of its defense,
a longer period of time between the issuance of the complaint and the
hearing than that provided by the Board's Rules and Regulations, which
period it admittedly did receive. Lastly, we find no meat m the
Respondent's contention it should have been granted continuances to pre-
pare its defense in view of certain amendments to the complaint made at the
hearing, as such amendments merely involved alleged unlawful acts almost
identical to those originally alleged in the complaint.
to curtail such misconduct which - without question
grew out of, and was closely associated with, the eco-
nomic strike which it called on January 25, 1975. In
reaching our result here we do not, however, rely on
the following incidents for which the evidence is in-
sufficient in our view to -establish Respondent's ac-
countability:
1. The following of employee Jorgensen on'Janu-
ary 29 2 from his home to a rendezvous point for
nonstrikers by a car occupied by individuals not
identified as associated with either the Respondent
or the strike.
- 2. The assault on employee Roman and theft of
his coat on February 14 by three unidentified indi-
viduals about a mile from- the plant where Roman
worked and while he was on his way home after
work.
3. The anonymous phone call to employee Babic
on January 20 telling him his name had been gotten
by tracking down his car license tag number and en-
joining him to cooperate with the strikers.
4. The anonymous phone call to employee Queis-
ser on February 5 telling him not to report to work
the next day.
5. The anonymous phone call to Hosch, not an
employee, accusing him of having taken the caller's
job and threatening harm to Hosch, his family, and
property if he crossed the picket line again.
6. Anonymous phone calls to employee Reis be-
tween January 29 and February 4 telling Reis he
would be taken care of if he continued to work.
B. We agree with the Respondent that in conclud-
ing that a broad remedial order was necessary and
proper the Administrative Law Judge erred in relying
in part on a settlement agreement which the Union
had entered into in a previous case. Nevertheless, we
find that such broad order is appropriate here in view
of the extensive pattern of serious strike-associated
misconduct and the Respondent's failure to take any
serious consequential steps to stop or curtail such ac-
tivity by its officers, agents, members, and striking
employees whom it represents.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board adopts as its Order the recommended
Order of the Administrative Law Judge, as modified
below, and hereby orders that the -Respondent, Local
248, Meat & Allied Food Workers, affiliated with
Amalgamated Meat Cutters and Butcher Workmen
of North America, AFL-CIO, Milwaukee, Wiscon-
sin, its officers, representatives, and agents, shall take
2 All dates are 1975.
222 NLRB No. 164
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the action set forth in the said recommended Order,
as modified herein:
1. Substitute the -following for the recommended
paragraph 1(a):
"(a) Restraining or coercing employees of Mil-
waukee Independent Meat Packers Association (Mil-
waukee Dressed Beef Co., Milwaukee Meat & Provi=
sion Co ., Northern Packing Co., and its United
Packing Company unit, Peck Meat Co ., - Wisconsin
Packing Co., August Born & Son , Donner Packing
Co., and the Nacker Packing) by any of the following
conduct for the purpose of discouraging said employ-
ees in the exercise-of their right to work for any of the
above employers and any other employer and the
right not to join or support any strike : Threatening
employees and supervisors with bodily harm and
property damage ; following vehicles of employees
and customers to and from the picket lines and driv-
ing in a dangerous and reckless manner to harass and
intimidate employees ; throwing objects and dis=
charging firearms at employees ; assaulting and caus-
ing physical harm to employees ; causing damage to
vehicles and other property of employees ; damaging
vehicles parked in the parking lots of struck prem-
ises ; blocking and hampering ingress and egress of
vehicles at struck premises ; scratching , kicking, rock-
ing, hitting with picket signs, jumping on, pounding
fists on, and causing damage to vehicles of employ-
ees, supervisors, and customers entering and exiting
struck premises ; placing nails on the driveways of
struck premises ; recording license numbers of vehi-
cles crossing picket lines; and compiling and posting
the names and addresses of the owners."
2. - Substitute the attached notice for the Adminis-
trative Law Judge 's notice.
APPENDIX
NOTICE TO EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT prevent or attempt to prevent
employees of Milwaukee Independent Meat
Packers Association (Milwaukee Dressed Beef
Co., Milwaukee Meat & Provision Co., North-
ern Packing Co., and its United Packing Co.
unit, Peck Meat Packing Co., Wisconsin Pack-
ing Co ., August Born & Son, Donner Packing
Co.; and Nacker Packing) from working for
those employers or any other employer or from
exercising their right not'to join or support any
strike by means of any of the following conduct:
threatening employees and supervisors with
bodily harm and property damage ;- following
vehicles of employees and customers to and
from picket lines and driving in a dangerous and
reckless manner to harass and intimidate em-
ployees; throwing objects and discharging fire-
arms at employees ; assaulting and causing phys-
ical harm to employees ; causing damage to
vehicles and other property of employees; dam-
aging vehicles parked in the parking lots of
struck premises ; blocking and hampering in-
gress and egress of vehicles at struck premises;
scratching, kicking, rocking, hitting with picket
signs, jumping on, pounding fists on, and caus-
ing damage to vehicles of employees , supervi-
sors, and customers entering and exiting .struck
premises ; placing nails on the driveways of
struck premises ; recording license numbers of
vehicles crossing picket lines ; and compiling and
posting the names and addresses of the owners.
WE WILL NOT restrain or coerce employees in
any other manner in the exercise of rights guar-
anteed them in the National Labor Relations
Act, as amended.
LOCAL 248, MEAT & ALLIED FOOD
WORKERS, AFFILIATED WITH AMALGAMATED
MEAT CUTTERS AND BUTCHER WORKMEN OF
NORTH AMERICA, AFL-CIO
DECISION
STATEMENT OF THE CASE
EUGENE E. Dixon, Administrative Law Judge: Upon
charges filed and served on January 20, 21, and 28, 1975,
by Milwaukee Independent Meat Packers Association al-
leging that Local 248, Meat & Allied Food Workers, affili-
ated with Amalgamated Meat Cutters and Butcher Work-
men of North America, AFL-CIO, had engaged in and
was engaging in unfair labor practices in violation of the
National Labor Relations Act as amended (61 Stat. 136)
herein called the Act , a representative of the General
Counsel of the National Labor Relations Board , herein
called the General Counsel and the Board , issued a com-
plaint on February 10, 1975, alleging violations by Respon-
dent of Section 8(b)(1)(A) of the Act.
The complaint alleged in substance that the Respondent
had engaged in various acts of intimidation , property de-
struction, and violence or threats of such in connection
with a strike occurring against the Charging Party's mem-
bers. In its answer Respondent denied the commission of
any unfair'labor practices.
Pursuant to notice the matter was heard at Milwaukee,
Wisconsin, on February 24 to 28, 1975, inclusive , with all
parties represented by counsel.
Upon the entire record I of the case and from my obser-
A motion to correct the transcript of the hearing as stipulated by the
LOCAL 248, MEAT & ALLIED FOOD WORKERS 1025
vation of the witnesses, I make the following:
FINDINGS OF FACT
1. THE BUSINESSES INVOLVED
Milwaukee Independent Meat Packers Association is
comprised of the following meat packing companies
(which it represents for the purposes of collective bargain-
ing), all of which are engaged in the processing of meat
products in the Milwaukee, Wisconsin, area: Milwaukee
Dressed Beef Co., Milwaukee Meat & Provision Co.,
Northern Packing Co. (of which United Packing Company
is a part), Peck Meat Packing Co., Wisconsin Packing Co.,
August Born & Son, Donner Packing Co., and Nacker
Packing.
During calendar year 1974 the members of the Associa-
tion collectively purchased and received in interstate com-
merce goods and materials valued in excess of $50,000
from points located outside the State -of Wisconsin. At all
times material the Association has been an "Employer" as
defined in Section 2(2) of the Act, engaged in "commerce"
and in operations "affecting commerce" as defined in Sec-
tion 2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION
At all times material Respondent has been a labor orga-
nization as defined in Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
tempted to operate during the strike, the Oregon Street and
Butler plants of Wisconsin Packing Co., Peck Meat Pack-
ing Co., and Northern Packing Co., including its United
Packing plant, continued to operate during the strike. Ad-
vertising for replacements and hiring of replacements be-
gan after the Association was notified that a strike would
occur and before the strike actually began.
Monday, January 27, was the first regularly scheduled
workday following commencement of the strike and by
that date the Union had established picket lines at the vari-
ous plants of the Association members. In the hearing on
this matter the General Counsel called 67 witnesses who
testified in detail as to conduct that occurred at the various
plants on the picket lines, near or from the picket lines and
away from the picket lines. This testimony stands undeiiied
in the record (the Respondent calling only two witnesses
who did not address themselves to the specific incidents) 3
and is credited as follows:
A. Conduct,on the Picket Lines
1. In general
The evidence shows that the Union at the suggestion of
and with the approval of the union officers and with the
active _ participation of picket line captains engaged in
widespread copying of license plate numbers of nonstrik-
ers' cars as they crossed the picket line frequently coupling
this action with intimidating threats. These license num-
bers were then checked through the motor vehicle authori-
ties by the Union to ascertain the names and addresses of
the owners. The names thus obtained were compiled on
lists and posted at the union hall under this statement:
Background
As noted, the Milwaukee Independent Meat Packers As-
sociation is composed of some eight employer-members 2
whose production and maintenance employees for a num-
ber of years have been represented in collective bargaining
by Respondent Union. This relationship resulted in a series
of collective-bargaining agreements the most recent being
effective for the period May 5, 1971, through January 10,
1975. This contract was produced out of the travail of a
strike that resulted in conduct by Respondent and its
agents similar to that alleged here and led to a formal set-
tlement providing for a consent judgment of the Seventh
Circuit Court of Appeals.
Prior to the termination of the 1971 contract, negotia-
tions for a new contract commenced and continued past
the January 10 expiration date-that date being extended
to January 25. On January 19 the union membership voted
to reject the Association's final contract proposal and on
January 21 voted to authorize a strike. A strike was called
and began at 12:01 a.m. Saturday, January 25. Unlike the
1971 strike when none of the Association members at-
parties is hereby granted.
2 Milwaukee Dressed Beef Co.; Milwaukee Meat & Provision Co ; North-
ern Packing Co., of which United Packing Co. is a part, Peck Meat Packing
Co.; Wisconsin Packing Co., with two plants-the Oregon Street plant and
the Butler plant, August Born & Son; Donner Packing Co. and Nacker
Packing.
THE FOLLOWING PEOPLE ARE SCABS & STRIKEBREAKERS
If anyone knows anything about the background of
these people, see Mike Saxton as soon as possible. Our
information is that some are professional strikebreak-
ers whose employment is a violation of Law. Others
may be related to Milwaukee area people in the Labor
Movement who might be willing to speak to them con-
cerning their offensive behavior.
3 Simultaneously with the issuance of the complaint on February to,
1975, a petition was filed in court for a 1(l(1) injunction and in support of it
the General Counsel submitted to the court 66 affidavits. A temporary re-
straining order was issued by the court on February 11. On February 24 the
Union filed with the court of appeals a petition for a writ of mandamus
seeking vacation of the temporary restraining order. This the court denied
on February 27. An answer to the complaint was filed February 18 together
with a motion for a bill of particulars and a motion to postpone the hearing.
The Regional Director denied both motions on February 20 On February
21 the Board refused Respondent's request for a special appeal of the Re-
gional Director's ruling In opposition to this request the General Counsel
represented to the Board that "Respondent has estopped itself from arguing
inability to prepare its case in time for 2/24 hearing date as it has waited
over a week 'since issuance of complaint to make its request for postpone-
ment. During that time Respondent received complaint, participated in oral
argument before U S. District Judge warren, as well as requested in court
and received from General Counsel answers to interrogatories propounded
by it detailing specifics of each incident of alleged 8(b)(1)(A) contained in
petition for injunction and complaint. To' claim now that Respondent is
unable to adequately prepare its case strain credulity." On this basis I de-
nied a motion at the opening of the hearing for a continuance and a similar
motion at the end of the General Counsel's case . I see no reason why I
should have ruled differently.
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As will be shown because of the use of borrowed cars
many names that appeared on the Union's strikebreakers
list were those of people who had no employment relation-
ship at all with the struck plants.
2. At the Butler plant
David Queisser testified that on January 27 he met other
nonstrikers at a parking lot (known as the Target .or Trea-
sure Island rendezvous point) for the purpose of going to
the plant "in a caravan." 4 At the plant people with clip-
boards were taking down license plate numbers. From 50
to 75 pickets blocked his car and an unidentified picket
scratched it and it was pounded or kicked.
Michael Lamping testified that between January 31 and
February 11 pickets stopped cars for about a minute. " .. .
they'd shout threats and call you scabbers. They'd say:
`Did you hear what happened down at the other plant, and
that's what's going to happen to you;' and did you hear
about the slashed tires, and that's what's going to happen
to you."
James Layman, chief of security for Wisconsin Packing
Co., testified that on February 18 pickets blocked incoming
cars not for the purpose of a 1-minute appeal 5 but just to
hold them up, shouting obsenities and such things as, "I
got your license number. You'd better not go in there be-
cause you won't come out. When you come out, I'm going
to get you." About an incident that occurred a little later
on that morning involving picket captain Larry Pultz, Lay-
man testified as follows:
... About 7:30 the Police Department had left.
Around eight o'clock there was at least three cars that
Mr. Pultz blocked from entering. Now these were peo-
ple that were applicants. As they-these people would
drive into the entrance of the gate, Mr.-well, some of
the other pickets would stand in the way, and Mr.
Pultz would approach these people and talk to them.
He tied up several-at least two cars there for in ex-
cess of three to five minutes, so I proceeded to call the
Chief of Police in Butler, Chief Fischer, and told him
that this was happening, and he said, well, he would
be down; and in the meantime there was a car belong-
ing to one of the pickets that partially blocked the
entrance to Glendale. This did not prohibit any auto-
mobile from entering or leaving, but we had had some
semis that couldn't make the turn there; so I had to
call the chief again, and he came over and had the car
removed. Then he left. At about eight-between eight-
ten and eight-fifteen there was another car that pulled
in there. I walked out there because he wasn't-well,
he was really stopping the vehicles. I walked to the
gate and motioned the fellow to come in. There were
two people in the car. Larry Pultz, the picket captain,
was talking to this man, and he said you'd better not
4 Butler management had arranged a meeting place for nonstrikers to
assemble for the purpose of being escorted to work as a convoy by supervi-
sors.
5 The Butler police had agreed to allow the Union I minute per car in
which to make an appeal for support of the strike
go in there. He asked the man if he was an applicant,
and he said yes, I'm going in to apply for a job. He
said you'd better not go in there because there was a
man here last week that applied, and now he doesn't
have any legs; and he said that I'm going to take your
license number down-your license number down,
and I'll find out where you live. He said we have hit
homes before, and he said you can be sure if you go
into the gate today and apply for a job that your home
will be hit. He said we have shot out a semi truck's
windows, and we'll get you, too. I motions for the two
fellows to come on through the gate, which they pro-
ceeded slowly through; and as they drove on through
the gate, Mr. Pultz shouted at them: `I'll get you son of
a bitches tonight.'
Karl Brown, an official at Wisconsin Packing, testified
that on January 28,as he approached the line pickets com-
pletely surrounded and blocked his car "and they beat on
the car, rocked the car, and shouted all kinds of obsceni-
ties." After the car had been held up for a minute a po-
liceman had to clear the picketers away from the path to let
the car through. As he began to drive through striking em-
ployee Earl Banyard reached over and tore the windshield
wiper from the car and threw it back on the hood. Steward
and Executive Board Member Mike Whitford was present
on the line at this time.
On January 27, Patrick Hummer's car was stopped,
picked up, and pushed back before finally being allowed to
proceed.
On January 27, picketer Sy Laczmerek, noting a baby
car seat in the back of one of the nonstriker' s cars coming
through the line told the driver that he knew how to get to
him as a result. Another striking employee, picket captain
Susan Lunsford added, "We've got gasoline, and that will
make him burn easy." On-January 27 pickets also told re-
placements, "We've got your license numbers now and ad-
dress. We'll visit your home. Keep looking in your rear
view mirror, don't come back tomorrow." Present on the
picket line at this time were picket captains, Charles Per-
kins and Mike Bubich, among others.
On January 28, picket captain Larry Pultz told the driver
of a Hillshire Farms truck that "They'd get him down the
road" if he went through the line.
On January 29, picket captain Charles Konkel told Su-
pervisor Gardner going through the line "We know where
you live in Butler, and we'll get you tonight."
On January 29, a truck was stopped by pickets as it tried
to enter the plant to make a delivery. One picket jumped
on the running board grabbing the handle of the door in an
attempt to gain entry. A picket by the name of Grinwold
kept pounding on the -back of the truck cab with a cane.
The truck did not stop and the picket jumped off the side
as pickets shouted to the driver "that they were going to get
him when he came out. They were going to get him down
the road."
On January 30, picket captain Pultz asked Production
Supervisor Long why he was trying to get into the plant
and told Long that the latter should be home "guarding"
his wife and family.
On January 31, picket captain Pultz told nonstriking em-
LOCAL 248, MEAT & ALLIED FOOD WORKERS
ployees that the strikers had their addresses, that a commit-
tee would-pay them a visit, and told others that they were
repeaters.
On February 3, picket captain Larry Pultz told nonstrik-
ing employees as they crossed the picket line that they
hadn't got the message. Picket Wilford Gayle told them
"We'll get you job stealers at home." Picket Gerald Knokel
said, "You know we use knives . . . and we'll show you
how we use them on you when you get in there." Picket
Leroy Ellis said, "We got one guy last week. We'll get more
this week." Picket captain Michael Bubich said to an in-
coming employee, "We'll get you, fink . . . have they told
you what we did on Second Street to the scabs?" Picket
captain Susan Lunsford told nonstriking employees that
they would "Take care of the rotten scabs, and there won't
be any cars left to come through." Picket captain Pultz
directed Willie Rodriguez to tell replacement employee
Goday that the strikers "Were going to smash windows
and smash tires."
On February 4, picket captain Pultz told an incoming
employee that he lived in a white house with wood trim
that would "burn easy" and "you made it here, you'll never
make it back." Pultz told Warren Jarosch that he was a
"scab" and "We're going to get you." Picket Marvin Hams
said, "The boys will, be out to see you tonight ... we've
talked to you now, you'd better watch out." Picket Rocky
Schwarzrock said, "Tonight you'll be getting a visit from
the boys." Picket Joe Rodriguez said, "We're going to fix
your car, your windows, your tires. Stay out of here scabs."
Picket captain Lunsford said, "They live in Waukesha and
its nice and dark out there."
On February 5, picket captain Pultz told Replacement
employee Schulkin that he wouldn't make it another day.
Picket Marvin Harris said the boys had done a good Job on
cars on the north side. Picket Mary Hill noticing that a
replacement employee was pregnant said, "I'll see she nev-
er has that baby."
On February 6, picket captain Pultz told nonstriking em-
ployees, "You didn't get the message. We're going to have
to take other steps. Here's a car full of hippies. We'll give
them something to shake about."
On January 29, nonstriking employee Emilio Goday was
told at the picket line that he'd be followed and his car
damaged. -
On February 3, Supervisor Kenneth Gardner had his
truck blocked by about six pickets as he tried to enter with
nonstriking employee Carol Schmidtke. Picket captain
Pultz walked over to them and in the presence of the strik-
ing employees pointed, his finger at Gardner and said, "As
of today, you're no. L" After about a minute they were
allowed to pass through the line. About 15 minutes later
when Gardner came back out to the guard shack Pultz
hollered out to him, "It will be tonight or tomorrow."
On January 31, on the way to work Gardner was told by
striker Tom Pavasil, "I didn't see you at Arlan's this morn-
ing, but I will be seeing you. We will get you."
On February 4, as nonstriking employee Jorgensen
drove through the line with his wife a picket told her she
should start looking for a new husband since Jorgensen
wouldn't be there over the weekend. The picket also asked
Jorgensen if he liked his car since strange things happened
1027
to cars. Both before and after this incident Jorgensen's car
was damaged at home.
On February 18, job applicants and nonstriking employ-
ees were told by Butler pickets such things as, "I got your
license -number. You'd better not go in there because you
won't come out. When you come out, I'm going to get
you.,,
On February 4, nonstriking employee Michael Buchholz
was told by picketers as he crossed the line that he lived at
5315 North 50th, and that they "were going to get" him.
Buchholz had lived there before he was married but at that
time it was his father's address.
On February 5, nonstriking employee Robin Sedgwick,
while driving through the line at the Butler plant, was told
by an unidentified picket that the pickets knew where he
lived and would "get" him. Sedgwick had seen this man on
the picket line before.
On February 6, nonstriking employee Sedgwick while
driving through the line at the Butler plant was told by an
unidentified picket that Sedgwick would not live through
the weekend. Sedgwick had also seen this man on the pick-
et line before.
On February 4, an unidentified picket told nonstriking
employee Schulkm as he was crossing the picket line that
they were going to "get" his girlfriend.
Wis Pack Transport is a carrier for Wisconsin Packing
Co. located at the Butler plant. On January 31, as Wis Pack
Supervisor Ronald TenBroek was walking across the street
from the plant two men (one of whom TenBroek identified
as a striking employee of the Butler plant) got out of a car
and approached him. They had just gotten their paychecks
and wanted to know if TenBroek wanted to join them in a
crap game. TenBroek declined and told them he did not
want them interfernng with- the operation at Wis Pak
Transport. They said they weren't going to bother Wis
Pack but that they "Were going to take care of the scabs
that were working for Wisconsin Packing. They weren't
going to ruin cars or property anymore. They were going to
physically take people out of their cars and beat them up;
... they had already taken care of a few people from the
Second Street plant, and . . . come Monday morning .. .
there was going to be 300 people at the Butler plant, and
physically take care of the scabs."
From January 27, and continuing for about 2 weeks,
nonstriking employee Alan Wilcox was told by striking
employees as he crossed the line that they knew where he
lived and would "get" him.
On January 27, striker Earl Banyard spread eagled him-
self on the hood of Butler customer Gertenbach's vehicle
after approximately 25, picketers swarmed around his car
hollering and shouting obscenities. After being thus held
up for about 5 minutes Gertenbach finally backed out and
never did enter the plant.
On January 27, nonstriking employee Patrick Hummer's
1970 red Spitfire was blocked by the pickets who placed
placards over the windows and lifted the vehicle up and
threw it backwards.
On January 27, as Supervisor Edmund Borowczyk drove
through the picket line, pickets surrounded his vehicle,
pounded on it, and threw picket signs across the wind-
shield. An unidentified picket scratched the vehicle from
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the door to the tail light on the passenger's side.
On January 28, as nonstriking employee Terry Schulkin
drove through the picket line, striking employees stopped
his car and an unidentified picket scratched it.
On February 10 and 11, nonstriking employee Don
Helms' car was kicked as he drove through the line at But-
ler.
On February 12, nonstriking employee David
Rehlinger's car was beaten on and kicked as he crossed
through the line at Butler.
About 6:45 on the morning of February 12, according to
the testimony of Chief of Security James Layman there
were about 28 pickets at the gate. As cars came through the
gate there would be random slapping or kicking of them
with threats being made, "We know who you are. We're
going to get you. I know where you live . . ., scabs." A
picket who was later identified to Layman as Richard
Kloss told him, " . . . you son of a bitch, if you come out
of the gate I'm going to kill you." At the time there were at
the scene at least two sheriff's cars with four deputy's and
one village of Butler police car with an officer all sitting in
their cars.
3. At the Oregon Street plant
On January 27, unidentified pickets threatened nonstrik-
ing employees by telling them that they would regret work-
ing at the plant during this strike, called them "scabs," and
told them that the picketers knew who these "scabs" were
and where they lived, that these nonstrikers would "be sor-
ry," and that the picketers would "get" them. They also
told the nonstrikers that they would get their license plate
numbers and burn their homes.
On January 27, striking employee Willie Lee Bell, in the
presence of several other picketers told Supervisor Keith
Nelson that the latter "would not be there one way or an-
other" if Bell ever got back into the plant.
On January 27, striking employee Bell in the presence of
Union Steward Gay and other unknown pickets told Plant
Superintendent Eugene Kulaga that the striking employees
would "get" the "scabs" that night.
On January 29, as nonstriking employee Willie Lee Wil-
liams walked into the plant, an unidentified picket told
Williams that he and other nonstriking employees were
going to be killed.
Coming out from work on January 27, employees found
that all six cars parked in the plant parking lot had been
damaged . Windshields were broken, tires punctured, and
one car, a 1972 Lincoln Continental had several dents in
the hood and the hood ornament broken off. As they sur-
veyed the damage to their cars the nonstrikers were told by
the pickets, "We told you you would be sorry" and "How
do you like your tires."
At the Oregon Street plant on January 27, an unidenti-
fied picketer threw a brick at nonstriking employees hitting
one as they were walking between plant buildings.
4. At Northern Packing Company
On January 28, Northern Packing Company 's controller
Charles Curry went out to have a parked truck moved so it
wouldn't be blocking the driveway. Several pickets con-
verged on the scene including picket captains Stu Riedel
and Scott Rozanski and started shouting profanities at
him. Riedel told him that he would push his glasses
through his face andrthat he (Riedel) was a meatcutter who
didn't care what kind of meat he cut.
On January 28, pickets stopped an incoming truck. What
happened was described by Northern' s salesmanager, Mil-
ton Becker, as follows:
The driver got out of the truck, and the pickets milled
around the driver. A lot of them shouted obscenities. I
walked across the street and approached the driver of
the truck to talk to him and ask him to continue into
the United plant gate. At that time Stu Riedel told the
driver: Get the hell out of here and don't go into Unit-
ed plant or you'll never get home in one piece. All of
the pickets were milling around. The driver appeared
very frightened and confused. At that time a police
officer approached the group and said to the driver:
Make up your mind, either you're going to drive into
the plant for your pickup or leave the premises, so the
driver said, I'm not going in there, and he got back in
his truck and turned it around and left.
On January 30, Northern Packing Company salesman,
Sayer, was told by picket Les Nichols in the presence of
other striking employees that he (Nichols) would cut his
eyes out and cut his head off.
On February 27, nonstriking employee Fred Hill had his
windshield shattered while leaving the plant at 4 a.m. Sev-
eral pickets were standing near a fire barrel on the picket
line when this occurred. Hill saw one of the pickets swing a
hook at his car striking the windshield. Nonstriking em-
ployee Summerville observed two pickets at the fire barrel
at that time; each held an object in his hand. After Hill's
car was damaged, Summerville observed these pickets
chasing Hill's car as it approached the ramp to the 16th
Street viaduct. Summerville recognized one of these men as
the same man who threatened him on February 5 or 6, as
Summerville crossed the picket line to apply for work.
Summerville saw the picket on February 10 picketing Unit-
ed Packing and saw the pickets several times on the picket
line subsequent to this incident.
On the morning of January 29, Northern Packing
Company's controller, Charles Curry, was observing the
picket line with Supervisor Larry Holmes who called
Curry's attention to roofing nails thrown about the drive-
way that hadn't been there "just a minute ago."
5. At Peck Meat Packing Company
On January 15, before the strike employee Rick Bivins
was asked in front of several employees by union member
Tom Mathea (a picket captain during the strike) if he was
going to work during the strike. Told that he was, Mathea
said that if he did his throat would be cut and he would be
sent back to Chicago in a pine box.
Repeatedly from January 28, Supervisor Peter Adanadja
had been threatened with harm for crossing the picket line.
He had been told they were going to "get" him, "hurt"
him, break his leg so he could not be able to train new
employees.
LOCAL 248, MEAT & ALLIED FOOD WORKERS 1029
On January 27, nonstriking employee Lawrence Murphy
was stopped in front of-the Peck-plant, grabbed by a pick-
et, and told if he went in to work he would get his "ass
whuped" because workers were on strike. As a result of this
threat Murphy turned around and did not go to work that
day.
On January 27 and 28, new employee John Hammet was
told by pickets that they would "get" him. On the second
day they addressed him by name although he had never
indicated his name to anyone on the line.
On February 25, nonstriking employee Jeff Pollard was
threatened by picket captain Oscar Smith who said, "I
can't let you go to work today. I'm going to bust your ass
' Smith also told Pollard that he was "going to get"
Pollard after the strike.
On January 27, on the way in to work nonstriking em-
ployee Mark Wechesser was held up in his car for several
seconds by about 25 or 30 pickets who cursed him and said
they were going to "get" him and his wide oval tires.
On February 4, as nonstriking employee Turkowitch and
a coworker were coming through the line the pickets told
him as he had been told previously that they would "get"
him. On his way out that afternoon he was told the same
thing this time that they would "get" him in Waukesha
where he lived.
On January 29 and 30, nonstriking employee Hammett's
car was damaged when it was hit with rocks and coal as he
went through the picket line. The estimated damage done
to Hammett's car was in excess of $400.
On February 3, a striker hit and dented nonstriking em-
ployee Reis' car with a 2 by 4 as he attempted to drive
through the picket line.
On January 28, nonstriking employee Guillermo's car
which was parked in the parking lot had its windows bro-
ken out during the course of the day.
On February 4, as he was turning into the plant entrance
nonstriking employee Harry Katrichis' car was hit by a
projectile after he heard a noise that sounded like a gun-
shot. On February 6, Katrichis' car was hit and dented by
an object that was thrown at his car as he drove through
the line.
On February 3, nonstriking employee John Bradstrom's
1972 Vega was pounded by a group surrounding it as he
drove through the line. He heard "one big bang" and later
found "a buckle in the left quarter panel."
On January 27, nonstriking employee Yeager's car was
hit and the antenna broken off as he drove through the
line.
On January 28, nonstriking employee Mark Wechesser's
car was hit and scratched as he drove through the line.
In the evening of January 30, the antenna of a car driven
by a nonstriking employee in, which nonstriking employee
Frank Roman was riding was broken off as it exited
through the line.
On February 4, nonstriking employee Turkowitch's car
was hit and scratched as he drove through the line.
On Januaary 28, Supervisor Peter Adanadja was threat-
ened by pickets that they would "get" him and his car was
kicked as he drove through the line.
On February 3, nonstriking employee Katrichis' car was
held up on the line, a woman picket leaped on the hood
and pounded it and the car was kicked as it passed through
the line.
On January 31, nonstriking employee Reis was stopped
as he attempted to drive through the line and had the front
end of his car lifted up by pickets and scratched.
On January 25, Personnel Manager Torgerson observed
striking United employee Whitewing kick down a con-
struction fence surrounding Peck's new office area with
Union's executive board member and steward, Scherer,
standing nearby.
B. Near or From the Picket Lines
1. From the Oregon Street plant
On January 27, as replacements Johnnie Jones, Alphon-
so Harris, and Emanuel Thompson were leaving the plant
and turning a corner a couple of blocks from the plant, a
group of about six or seven pickets started throwing bricks
at their cars smashing a window on the passenger side with
one of the bricks landing in the car. A car with another
replacement following Jones' car "was being done the same
way." It kept going. So did Jones who decided to return to
the plant. Just as he started out a 1974 black Buick made a
U-turn, ran the light, and went after Jones. Held up at a
light the Buick overtook Jones and striking employees
Richard Page and Warren Peterson (accompanied by an-
other) jumped out of their car and proceeded to smash
Jones' rear window with a cane and hit Jones in the back
of the head causing him to bleed and get dizzy. Harris, on
the passenger side, was also hit. Jones managed to pull
away and return to the plant where the incident was report-
ed to company supervisors who then called the police.
In the afternoon of January 29, nonstriker Jones was
driving a company van out of the plant premises with non-
strikers Alphonso Harris, Curtis Johnson, Robert Johnson,
Otto McFaynolin, and Willie Williams riding in the van.
The van was being escorted by two company supervisors in
a car ahead. Jones was in route to pick up his own car at
Patterson Tire Company where his slashed tires were being
replaced. As he drove out of the lot Jones noticed a blue
station wagon in front of the escort. At an intersection
about a block from the plant the station wagon stopped
and held up the escort and Jones for two traffic light se-
quences a short distance from the plant. It then started up
only to make a U-turn in the middle of the road blocking
the van. At this point a crowd started coming toward the
van. Someone said, "Step on it" and Jones pulled over the
curb onto the sidewalk and around the blocking station
wagon. Just as he pulled around the station wagon striker
Luckett threw a brick through the window on the driver's
side hitting Jones in the head, injuring him sufficiently to
cause him to bleed. Jones kept on going. This time the
same black Buick "that had ran him down the day be-
fore" 6 pulled up along side and he heard what sounded
like a shot. Jones pulled into a gas station with the Buick
and two other cars right behind. At the gas station, as testi-
6 The black Buick was driven by striker Richard Page and had been seen
several times at'the picket line by plant engineer , Enrico Valentino.
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fied to by attendant Lawrence Fuchs, a couple of seconds
after the van pulled in, three cars with tires squealing
wheeled in and some six or eight men jumped out and went
over to the van where they hollered at the occupants call-
ing them names and telling them to come out and fight.
Fuchs' testimony continued as follows:
... then there's this big fat guy with what looks like a
bottom half of a cue stick. He walked over by the back
of the van and smashed the two back windows in, and
another guy started grabbing oil cans out of our oil
rack and started throwing them inside of the van hit-
ting the guys inside of the van.
thing like-well, he was still swinging the pipe, and he
swung a second time, and he was just about on top of
me. He was like kneeling on the passenger seat, and at
this time he might have been saying something. I don't
know, but anyway, he swung, and I put my-hand up to
block it, and my hand was struck .. .
*
I was still trying to fight the guy in the car. -I still
had my seat belt on, and he said I should teach you a
lesson , and he started busting up the inside of the car.
*
Then as this guy was throwing the oil cans in the van,
one of the guys hollered let's get out of here, and they
all got inside of separate cars and drove away.
Nonstriking employee Patrick Ratelle left the Oregon
Street plant at 4:30 on January 27 in his car after having
had his flat tires inflated. Seeing that the outgoing cars he
was following were being attacked by pickets, he managed
to take another route to avoid similar trouble. Nonetheless
in his new route he was picked up by a black Buick Regal
that made a U-turn and started following him. While
stopped at a traffic light there was a group of people on the
corner and he heard one of them yell, "get him." They.
started toward him. He ran the light, the Buick right be-
hind him. At this point another oncoming green car pulled
over in his lane and blocked his passage. One of the occu-
pants of the other car got out and threw what "seemed .. .
like a big brick" at the front of his car. Ratelle jammed on
his breaks and stalled the engine. At this point several
others came at him out of the green car as the Buick pulled
up behind. About what then occurred Ratelle testified as
follows:
... they had chains and pipes and stuff like this in
their hands, and they were throwing rocks, and one of
the occupants from the black Buick-I think he came
out and threw a brick through my back windshield,
and that came through just missing my shoulder and
hitting the thing. And there was one man on my side
of the car beating the window with a brick trying to
get in.
*
... and another man came in on the passenger
side-looked in, and he had about a thirty-inch pipe,
and he smashed out my window on my passenger side
of the car.
*
... he looked in, and he said: So, you want to-
something to the effect that you want to take my job,
you Mother F'er, and- he reached in and opened up
the door, and he pulled the lock up, and he pulled
open the door and came in with the pipe, and he
swung once, and I believe he was aiming at my head,
but I sort of swerved back and hit the steering wheel
busting the steering wheel, and then he stated some-
He hit the tape player and stuff, and about this time
I got my seat belt off and got the door open and got
out of the car, and once I got out, he was still in there,
and he was ripping out my tape player and all these
other good things.
* * * *
I proceeded to make it to the sidewalk on the oppo-
site side of the street; and, well, when I first got out of
the car, that green car-some of the occupants were
starting to get away. They started backing off when I
got out of the car. A man came around the corner and
said get out of here, the cops are coming, and at this
time some of the people started running down towards
First, and half the other people in this green car were
already taking off, and some of the other occupants
were getting back into the black Buick, and this guy
with the pipe was just taking his time and just walking
with my tape player back to the black Buick, and he
asked me, he said: He swung the-he swung the pipe or,
you know, he sort of threw it, you know, as they were
getting back in the car, and he said-he called me like
a chicken shit, son of a bee, and at this time I was on
the sidewalk, and the pipe just missed me."
The repair bill for Ratelle's car was over $1,500 and Ra-
telle had two cracked fingers on the hand hit by the pipe.
The next day, January 18, as Ratelle entered the plant one
of the pickets told Ratelle that he thought Ratelle had had
enough the night before. That evening at his home Ratelle
received a phone call threatening physical harm to him and
his family if he were to make any identification of his as-
sailants to the police.
Upon leaving the plant on January 28 the vehicle in
which nonstriking employees Jones, Curtis Johnson, Rob-
ert Johnson, and Harris were riding was followed by an
umdentifed picket.
On January 27, John Gagliardi, a supervisor for Milwau-
kee Tallow Company, was going to drive a company truck
through the picket line at Wisconsin Packing, Oregon
Street plant, and then turn it over to a union driver.
About a block from the plant after he came through the
line a car cut in front of him forcing him to stop. The
driver of the car came over to the truck and tried to open
the door complaining in obscene language that Gagliardi
had no right to be driving through the-picket line. About
this time the union driver pulled up (apparently in
Gagliardi's personal car) and Gagliardi told the picketer
LOCAL 248, MEAT& ALLIED FOOD WORKERS
that the man was a union member and motioned him to get
into- the truck. As Gagliardi got down from the truck the
picket reached in, pulled out the ignition keys, and threw
them away, About this time a second car pulled up and a
man got out asking the first picket what was going on. The
first man "said something about this guy's a smart mouth"
and the second man reached into the truck - to get the keys
and was told by the first man "that the keys were already
pulled and thrown."
2. From the Butler location
On January 31, replacement employee Emilio- Goday
was followed from the plant by striking employees George
Daniels and Leroy Ellis who broke Goday's passenger-side
window with a pipe while Goday was stopped at an inter-
section.
On February 3, Goady was again followed by Ellis and
Daniels in a 1975 yellow Cadillac. They smashed Goday's
tail lights when stopped at an intersection.
And on January 31, nonstriking employee Gordon Schu-
bert, a young lad in his late teens or early 20's, on his way
to work through a field adjacent to the plant was accosted
by several pickets who began roughing him up-by hitting
him in the face with open hands and fists and accusing him
of taking their jobs. While discussing whether to allow one
of their more ardent colleagues to "beat [him] up" Schu-
bert, who had-been sitting down had tried to get up was
pushed down on the pavement hard enough so that he
"cracked [his] head open." Before he was finally let go
Schubert was shown a list of replacements and told that
something would happen to their property. Schubert had
been driving his parents car and his father's name was on
the list. One of the pickets who-hit Schubert had been seen
previously by him on the picket line.
On February 3, Supervisor Kenneth Gardner was escort-
ing nonstriking employee Carol Luedtke to work (he in his
car following her in hers). As they started out they were
followed by picket captain, Robert Conley, who "forced
his way between [the two cars] and tailgated her." This he
did until she overtook a police car and drew up behind it.
At this point Conley went on.
On,February 3, Wis Pack Trucking employee, Robert
Seifert, was followed from the Butler picket line to Silver
Spring Road and Port Washington Road (a distance of
about 5 or 6 miles) by two pickets one of them being picket
captain Conley.
On February 4, nonstriking employee Patrick Hummer
while driving in his 1970 Spitfire was harassed by a striking
employee driving a gold Volkswagen who crossed over into
Hummer's lane causing Hummer to drive onto a nearby
lawn. The gold VW was observed at the picket line by
Hummer who noted its license number . The record shows
that the, gold VW was registered to picket captain Conley.
On January 29, nonstriking employee Jorgensen was fol-
lowed from his home to the Target or Treasure Island ren-
dezvous point by a -car containing two -men which blinked
its lights and honked its horn at Jorgensen's vehicle.
1031
3. From Northern Packing Company
At 4 p.m. on February 3, Ronnel Riley, riding with Lew-
is Green in the latter 's red Mustang along with three other
replacements , left Northern Packing. It soon became evi-
dent that they were being followed by four men in a blue
Buick Electra . After losing the Electra in traffic, it over-
took them and pulled up alongside . The man in the passen-
ger side of the front seat rolled down the window, stuck out
a small bore automatic pistol , and fired three shots at
Green's car. The first shattered the driver 's window, the
second just missed Green, and the third -hit the roof of the
car. The individual who did the shooting had threatened
"to get that red mustang" the previous Monday while
standing among pickets at Northern Packing.-
On February. 11, job applicant Robert Kohel parked his
car on Muskego Avenue immediately south of the Peck
plant, and then walked through the picket line into the
Northern plant. Kohel returned to his vehicle 45 minutes
later and discovered all four tires had been slashed.
On January 28, Muskego Rendering Company employ-
ee, William Thiel, was stopped trying to enter the Northern -
plant with the threat that there was "no way" he could pick
up anything there and that a "lot of stuff" could happen to
him if he did . Thiel thereupon turned his truck around and
left, stopping shortly to call his boss. As he stopped, a car
pulled up in front and a man came over and said "I
thought you were going back to your plant " Thiel said he
was going to get a cup of coffee and went inside . When he
came out he was followed by two cars for approximately 10
miles.
4. From Peck Meat Packing Company
On February 14, nonstriking employee Frank Roman
was assaulted on his way home about a mile from the Peck
plant. In the scuffle that ensued he was held while his coat
was forceably taken off of him and stolen by the three
men.
On January 30, nonstriking employee Lawrence Mur-
phy, who, on January 27, was threatened in front of the
Peck plant that he would get his "ass whuped" if he went
into work, was standing on the 16th Street viaduct about
two blocks from Peck when he was attacked by a man
whom he recognized as having been on the picket line. The
man smashed a glass beer bottle into Murphy's head after
accusing Murphy of working at Peck. Murphy needed six
stitches and lost a week of work because of the incident.
On January 28, nonstriking employees Rick Bivins, Hen-
ry, and Upsha were followed and threatened as they
walked toward work on the 16th Street viaduct near Canal
Street not far from the plant by three strikers, Jerry Jezor-
ski, Jaksic, and picket captain Karl Schemckper. Jezorski,
a union steward, told Bivins that his throat would be cut.
Jaksic told Bivins , "we are going to get your ass." Just as
they were about to enter the plant Bivins was pushed and
shoved by Jezorski.
On February 7, nonstriking employee Kulinski 's car was
struck with a club or board on the ramp to the 16th Street
viaduct as Kulinski left work. -
On January 28, nonstriking employee Russell Yaeger
1032 DECISIONS"OF NATIONAL LABOR RELATIONS BOARD
was followed from the plant after work and pursued
around the near south side of Milwaukee for about 45 min-
utes as Yaeger tried to elude his pursuer. The car that was
following him was registered to a striking Peck employee,
Michael Buchan.
On January 28, nonstriking employees Rick Bivins, Hen-
ry, and Upsha (after having been followed and threatened
on their way to work by strikers Jezorski, Jaksic, and picket
captain Schemckper) were followed after leaving work and
threatened in front of their rooming house by strikers Jef-
ferson, Mauritz, Jaksic, and picket captain Schemckper.
The latter said, "We know where you live at now, we're
going to get your ass ...." Mauritz said, "We're going to
cut your throat Rick."
On February 5, nonstriking employee Timothy Graves
and his nonstriking passengers were pursued around the
streets of Milwaukee, cut off, followed, threatened, had a
beer can thrown at his car putting a dent in it, had the car
bumped by the pursuing car, and was told by the pursuers
that they had a gun. This harassment did not stop until
Graves was able to find a policeman. One of the three
occupants in the pursuing car was Hosea Hubbard, a strik-
ing Peck employee.
C. Away from the Picket Line
On January 28, the same day that the windows had been
broken out of his car while parked at work, nonstriking
employee Briccio Guillermo and his son were threatened in
front of their home by three men with being killed and
having their house burned down if they continued to work
during the strike. While not knowing the identity of the
individuals (although seeing the three everyday on the line)
who made the threats, Guillermo recalled the license plate
number of the car they drove. That car was registered to
picket captain Schemckper.
On January 29, nonstriking employee of the Oregon
Street plant, Robert Vincent, was attacked and beaten un-
conscious near his home by five men who were riding in a
car that had been seen by Vincent on the picket line at the
plant the two previous days. His assailants warned Vincent
not to return to work. Vincent also recognized two of the
assailants as individuals he had previously seen on the
picket line.
After his license plate number had been recorded on
January 27 and told his address was known, nonstriking
Butler employee Alan Wilcox found when he got home on
January 31 that his car's tires had been punctured.
On February 4, Wilcox discovered that the windows of
his 1971 Duster had been broken, tires slashed, and anten-
na and mirror broken off the car which was parked at his
home. "Scab" had been written on his car in gold paint.
Wilcox's name appeared on the Union's list of nonstriking
employees. On February 6, picket captain Konkel asked
Wilcox, "Where's your Duster today? Did you have trou-
ble with your windows and tires?"
On February 6, when he started to go to work, nonstrik-
ing Butler employee, David Queisser, discovered that his
car's tires were cut, the windshield broken, the antenna
gone, and the rear view mirror broken off. There was a
checkmark on the back window and "scab" written on the
front window. This occurred after Queisser's license plate
had been recorded and after unidentified pickets told him
that they knew where he lived. Queisser' s name also ap-
pears on the union 's list of nonstriking employees.
On February 11, Jack Hosch discovered at his home that
his car's tires had been cut. Hosch was not employed by
any of the plants involved herein but his son-in-law, Robin
Sedgwick, worked at the Butler plant and had been driving
a car registered to Hosch. While driving through the picket
line on January 30 a picket showed Sedgwick a piece of
paper which listed the car model and license plate number.
Sedgwick was also told on February 5 by an unidentified
picket that they knew where he lived and that they would
get him . Although not an employee, Hosch's name ap-
peared on the Union's list of nonstriking employees.
On February 4, nonstriking Butler employee, Terry
Schulkin, discovered on his way to work that someone had
put rubber cement in his 1972 International Scout gas tank.
As Schulkin came to work later that day picket captain
Pultz asked, "Where is our Scout ... did our crew fix it?"
On February 5, Schulkm arrived home about 5 p.m. and
discovered that the garage door had been broken into and
the tires on his car had been cut. The next day picket cap-
tain Pultz asked Schulkin, "Did you have trouble again last
night?" Schulkin's name also appears on the Union's post-
ed list of nonstriking employees.
On Saturday, February 1, Butler Supervisor Edmund
Borowczyk discovered at his house that his truck' s tires
had been cut. On the day before union steward and bar-
gaining committeeman Michael Whitford told Borowczyk
that "We will get that truck." On the following Monday,
February 3, an unknown picket hollered, "Hey, Ed, you
got new tires."
On February 22, Butler employee Robert Tuckwell dis-
covered at his home that his car windshield had been bro-
ken and "scab" had been written on the side of the car. His
sister's car had previously had a tire slashed at home. Both
cars had crossed the picket line with Tuckwell observing
their license numbers being recorded.
On February 6, Wisconsin Packing Supervisor Warren
Jarosch discovered at his home that the car he took to work
through the line had its tires slashed . His garage window
had been broken and tools stolen. About 10 days previous-
ly his license number had been recorded as he went
through the line.
On January 30, nonstriking Butler employee, John Jor-
gensen, observed a small white car parked outside his
home. It was the same car that had followed him home
from work the day before. A person was lying beneath
Jorgensen's car. Jorgensen went outside with his shotgun
and the person ran to the white car and drove away. The
only damage Jorgensen noticed at the time was that his
car's hubcap had been smashed. The following morning on
the way to work the car "started making some real funny
noise and started vibrating," Jorgensen pulled into a gas
station and left the car there. Later he learned that the
drive shaft had been loosened. Repairs cost him $78.36.
On February 5, Jorgensen discovered that the door of his
home had been damaged. On February 7 his car's tires
were slashed at home. On February 10, Jorgensen found
his car all painted over with various obscene slogans and
LOCAL 248, MEAT & ALLIED FOOD WORKERS 1033
the warning, "We'll get you next" the word "scab" had
been written several times also. In addition to the foregoing
the engine wires had been torn out. On February 4, Jorgen-
sen had been warned at the picket line that strange things
could happen to cars. On Febraury 6, he had been told by
the pickets that he needed a new top, windows, and tires
and that it was dark in Waukesha (presumably where he
resided).
After having been threatened that his tires would be
slashed on the night of February 11 nonstriking Butler em-
ployee Michael Lamping's father's truck had its tires
slashed, windows broken, and one tire on his mother's car
slashed. Picket captain Kevin Rotar told Lamping when he
crossed the line later that morning "We got your ass last
night" and laughed.
On February 4, as he was driving through the picket line
at the Butler plant on the way to work someone on the line
said to Michael Buchholz that he lived at 5315 North 50th
(his father's address-not his since his marriage) and that
they "were going to get" him. That evening someone paint-
ed the words "scab, die" on his father's garage. On his first
day of work Buchholz's license number had been recorded
by the pickets. Thereafter his name was listed on the
Union's posted strikebreaker's list. During the night of
February I1 (the same night of the Lamping damage) four
tires on Buchholz's car were slashed and two windows
"smashed out" while parked in his apartment house park-
ing lot. The other cars parked there were not damaged. The
estimate on Buchholz' s damage was $800.
After observing his license number being recorded at the
entrance to the Peck plant on January 27 and being asked
to cooperate with Respondent's strike on January 28 and
refusing such cooperation, construction employee Zika Ba-
bic received a telephone call at his home on the evening of
January 29. Babic was told that his name had been ob-
tained through tracking down his license number and told
as a unionman he was to cooperate in Respondent's strike.
The following night Babie's car received about $400 dam-
age while parked in his garage. A second car parked in the
same garage received no damage at all. Babie's name was
also listed on the Union's strikebreaker list.
On January 30, nonstriking Peck employee Mark
Wechesser's wide oval car tires were slashed (as he had
been warned would happen when he drove through the
picket line on January 27). He tried to drive his car to a gas
station but had to leave it near the station. Wechesser later
learned from the service station attendant that the latter
received several inquiries as to whose car it was that had
the tires 'slashed. The attendant was told to warn Weches-
ser that people working at Peck during the strike were get-
ting hurt and that Wechesser might be one of them. On
February 14, Wechesser's tires were again slashed and
when he walked through the line later he was told, "What's
the matter, you got to walk, did someone cut your tires?"
He had never told anyone on the picket line that his tires
had been slashed.
On or about Thursday, February 6, nonstriking Peck
employee, Russell Yaeger (who had previously been fol-
lowed home on January 28 and left a threatening note on
January 31), found his car windows smashed, excrement
spread on his car seats and his snow tires slashed while
parked at his home. Four days later while still parked at his
home his distributor wires were torn out.
In the early morning hours of February 5, nonstriking
Peck employee Michael Turkowitch's car wiring was cut by
an individual who, according to Turkowitch, "looked like"
striker Mauntz. On the day before Mauritz had threatened
to "get" Turkowitch.
On January 29 the windshield on Peck Suervisor Peter
Adanadja's car was smashed while parked in his apartment
parking lot about a mile from the Peck plant. Cars parked
next to Adanadja's were not damaged. Prior to this Ada-
nadja had observed his license number being taken on the
Peck line. On January 30 when Adanadja returned to work
he was stopped on the picket line and taunted by picket
captain Schemckper, "Where's your car, where's your car,
they broke it, hey?"
On February 5, nonstriking employee, David Queisser,
received an anonymous telephone call about 8:30 p.m. ad-
monishing him not to report to work the next day.
Queisser's license plate previously had been recorded on
the picket line.
As noted nonstriker Robin Sedgwick used his father-in-
law's, Jack Hosch, car to cross the picket line. On the eve-
ning of February .5, Hosch got an anonymous call. The
caller said that Hosch had taken his job and threatened
harm to Hosch, his family and property if he crossed the
picket line again.
About 4 a.m. and 5 a.m., February 4, nonstriking em-
ployee Terry Schulkin's phone rang but no one answered
on the other end. Arriving at the picket line later that
morning, picket captain Pultz asked Schulkin if he had re-
ceived any calls earlier that morning and then stated that
he had made the calls.
From January 29 to February 4, nonstriking Peck em-
ployee, Heinz Reis, received harassing telephone calls at
home. On January 31 he received one wherein he was
called obscenities and told he would be "taken care of" if
he continued to work at Peck. Reis' license number had
previously been recorded and his name appeared on the list
of nonstriking employees posted by the Union at its hall.
The evidence shows and I find that on numerous occa-
sions pickets ranging in number from one-half dozen or so
to 60 or 70 blocked ingress and egress of vehicles, chiefly at
the Butler plant, and jumped on, kicked, scratched, rocked,
and hit them with various missiles while threatening the
occupants with bodily harm and/or property damage. All
this was patently inconsistent with, and in derogation of,
the legally permited 1-minute given the Union to appeal
for support of its strike.
In Respondent's case in chief the following evidence was
adduced: Picket captains were chosen by the members of
the various units. Secretary-Treasurer Edmund Bobrowicz
(the chief executive officer of the Union) and other union
officials had meetings with the picket captains at least
three or four times a week. The picket captains had striking
members alloted to them who were then slotted into picket-
ing schedules. These schedules were drawn up at meetings
of the picket captains. The first week of the strike a 24-hour
picketing schedule was maintained at all plants. Thereafter,
those plants that weren't operating were picketed only be-
tween 5 a.m. and 6 p.m.
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Union's plan called for the presence of picket cap-
tams on the lines at all times. They were in complete
charge of the lines and were expected to keep order. They
kept attendance records of the picket duty performed by
the strikers-this for the purpose of payment of the $30 a
week strike benefit being paid by the Union. According to
Bobrowicz he "told [his] people not to be provoked by-any-
one, to maintain an orderly picket line, to walk in an or-
derly fashion, and if they would be interfered, that they
should register the protest with either the police or to" him-
self and "not to engage in any violence." Bobrowicz was
aware that picket captains were recording license numbers.
In fact it was at his suggestion that they were doing so.
Bobrowicz visited the picket lines every day for periods
of 10 to 30 minutes. When asked on cross-examination if
anyone was removed from the picket line for misconduct,
Bobrowicz answered, "I don't know of any misconduct."
Then in almost the next breath he described how the police
had arrested someone on the line and how the Union put
up bond "to release him." In any event according to
Bobrowicz's further testimony it appears that no one was
removed from the picket line by the Union or disciplined
for any strike-related action. On the contrary, the Union
put up bond and was paying for the legal, defense of the
people (including pickets Page and Lockett) who followed
and attacked the company van containing a group of non-
strikers on the afternoon of January 19. Bobrowicz talked
to the strikers involved in that episode but took no action
claiming that there were two sides to the incident, "The
men in the van came out with a knife." He-didn't indicate
whether this was supposed to be before the van was fol-
lowed and a brick thrown through the window or if it was
after the van was caught and attacked at the gas station.
Bobrowicz also testified that he took' no steps to reduce
the number of pickets at the plants that were operating
which number remained fairly constant throughout the
strike.
On January 25, Harding Bond, Respondent's president
and business representative, spoke at a membership meet-
ing telling them, among other things, that it was to the
Union's "best interest to preserve law and order on the
picket line because sometimes you play into other people's
hands." Bobrowicz also spoke admonishing them "not to
get themselves trapped into involving themselves in inci-
dents." On January 26, Bond and other representatives of
the Union attended a meeting with the Milwaukee Police
Department at which time a police official told them what
they could do and not do and quoted from the statutes. On
Monday, January 27, Bond was at the Butler picket line at
6 a.m. The Butler-police were on hand and the Butler chief
gave the union officials (Bond and picket captains Larry
Pultz, Michael Whitford, and Michael Bubich) written
rules to govern picket line conduct and elaborated orally
on them.
On January 29, the Union gave its picket captains a
sheet entitled "Things to Remember on a Picket Line,"
instructions used in prior strikes. This document instructed
pickets to avoid "getting involved" and to "avoid argu-
ments or hostilities." Each picket captain kept a copy of
these instructions in a folder that he carried with him on
the line.
The next occasion when Bond and other officers met
with the membership was not until February 1. Both Bond
and Bobrowicz spoke and "warned" the strikers against
getting "entrapped." At this time for the first time written
picket line instructions were made available and discussed.
Appended to these instructions were copies of the police
rules that had been received in the meeting with the police
representatives on January 26.
Bond visited Butler each day from 6 to about 7:30 or 8
a.m. the first week. During this time according to him he
saw no cars ' damaged nor heard any pickets threaten any-
one. Nor was any such conduct discussed at the daily pick-
et captain's meetings. Nonetheless Bond further testified 7
that he had "heard about complaints," that he had "had
people call up on the telephone and tell there was damage
done to their cars." Asked if these complaints were not
discussed with the picket captains, Bond answered, "Am I
to assume that the calls that came in on my telephone are
valid? I accept those things for exactly what they are.
Nothing."
Conclusions
Viewing the evidence as a whole and considering the
Union's past record with the Board and the courts I am
convinced and find that the Union is accountable for all
the misconduct set forth herein and by its commission vio-
lated Section 8(b)(1)(A) of the Act. There is no question
that the picket captains were the agents of the Union repre-
senting it in the general area of the strike and thus respon-
sible for acts occurring within the scope of that general
authority even if not specifically authorized or indeed spe-
cifically forbidden. International Longshoremen's and
Warehousemen's Union, C.I.O. (Sunset Line and Twine
Company, 79 NLRB 1487 (1948). Moreover, while individ-
ual union members as such cannot be considered agents of
the Union per se, Sunset Line and Twine Company, supra, 79
NLRB at 1508, authorized pickets who are paid strike ben-
efits can. Teamsters, Chauffeurs, Helpers & Taxicab Drivers
Local Union 327, (Coca-Cola Bottling Works of Nashville),
184 NLRB 84, 94 (1970). Thus there is no question that
misconduct by picket line captains and pickets on the pick-
et lines is attributable to the Union. Nor is it necessary, that
the individual identity of the pickets be established. Service
Employees International Union, Local No. 50, AFL-CIO
(Our Lady of Perpetual Help Nursing Home, Inc.), 208
NLRB 117 (1974); International Brotherhood of Boilermak-
ers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Lo-
cal 696 (The Kargard Company; 196 NLRB 645 , (1972);
General Drivers and Dairy Employees Local Union 563
(Northern Contractors Supply, Inc.), 183 NLRB 1023 (1970);
Drivers, Salesman, Warehousemen, Milk Processors, Can-
nery, Dairy Employees and Helpers Union Local 695, IBT
(Tony Pellitteri Trucking Service, Inc.), 174 NLRB 753
(1969). In the Kargard case, supra, 196 NLRB at 650 fn. 11,
it was stated that where the "overall facts clearly reveal
that the [misconduct] was caused by pickets" it was not
"necessary to determine the exact picket who caused the
[misconduct]."
7 With the assist of a pointed objection by counsel
LOCAL 248, MEAT & ALLIED FOOD WORKERS 1035
Apart from the question of agency liability by a union it
has been held that it is a union's responsibility to properly
police its picket lines and maintain order to avoid responsi-
bility for picket line misconduct. As stated in the Pellitteri
case, supra:
... a union which calls a strike and authorizes picket-
ing must retain control over the pickets in whatever
manner it deems necessary, in order to insure that
they do not-act improperly. If a union is unwilling, or
unable, to take the necessary steps to control its pick-
ets, it must then bear the responsibility for their mis-
conduct.
Similarly in the language of the Administrative Law
Judge adopted by the Board in Kargard, supra:
Board law reveals that where a union authorizes a
picket line, it is required to retain control over the
picketing . If a union is unwilling or unable to take the
necessary steps to control its pickets, it must bear the
responsibility for their misconduct.
The record here is devoid of any affirmative action by
Respondent to correct the misconduct occurring at the
picket line. While Respondent at all times had picket cap-
tains acting in its behalf on the picket line with the authori-
ty and purpose to control the picketing, there was never
any disciplinary action taken against any picket. Respon-
dent did not fine anyone , remove anyone from the line, or
cut off any picket's benefits. Indeed, the only affirmative
action taken by Respondent in this connection was quite to
the contrary-going bond and providing legal defense for
pickets involved in incidents serious enough to cause their
arrest.
Respondent did not even discuss any of the misconduct
with any picket or picket captain. The record is repleat
with examples of misconduct occurring in the presence of
picket captains with no subsequent discipline. Not only did
the picket line captains ignore the misconduct occurring in
their presence, thus tacitly lending it their support, but by
their engaging in it themselves they overtly and actively
encouraged and tended to incite it in others.
Nor does Respondent's responsibility and liability for
misconduct diminish or disappear when nonstriking em-
ployees are followed and threatened or assaulted away
from the picket line by Respondent 's agents. Threats and
actual assaults, no matter where they take place, by their
very nature restrain and coerce employees in exercising
their rights guaranteed in Section 7 of the Act. And apart
from such overt acts of intimidation the following of non-
strikers itself carries with it the implied threat of violence,
especially here in context of what was occurring on the
picket line-particularly the repeated threats by the pickets
and picket captains to "get" the nonstrikers. Service Em-
ployees International Union, Local No. 50, AFL-CIO (Our
Lady of Perpetual Help Nursing Home, Inc.), supra; Boiler-
makers, Local 696 (The Kargard Company), supra; Drivers,
Salesmen, Warehousemen, et al., (Tony Pelliterri Trucking
Services, Inc.), supra.
I am also convinced and find that in the circumstances
of this case Respondent is liable for the misconduct that
occurred away from the picket line . The connection of Re-
spondent with that conduct is shown by its posting of the
list of nonstrikers names and addresses,8 the daily threats
by the pickets, including the picket captains, to the replace-
ments that the strikers had their addresses and intended to
take aggressive action against them at their homes, and the
taunting references at the picket line to the car damage and
other harrassment that the nonstrikers had sustained at
their homes and away from the picket line following the
prior prediction of such action.
I agree with the General Counsel that "Given the vio-
lence and threats which occurred at the line, the posting of
the list was a clear invitation to Respondent 's agents to
strike out . Despite the fact that damage occurred, the list
remained posted and Respondent made no efforts to cur-
tail the misconduct." Respondent's only objective in the
course of these events was to avoid entrapment and being
caught instead of abstaining from or preventing the mis-
conduct. Respondent 's attitude in this connection was
clearly shown by Bond's comment, "I accept those things
for exactly what they are. Nothing."
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
The activities of Respondent set forth in section III,
above, occurring in connection with the operations de-
scribed in section I, above, have a close , intimate , and sub-
stantial relationship to trade, traffic, and commerce among
the several States and tend to lead to labor disputes bur-
dening and obstructing commerce and the free flow of
commerce. -
V. THE REMEDY
Having found that Respondent has engaged in and is
engaging in certain unfair labor practices, it shall be rec-
ommended that it cease and desist therefrom, and take cer-
tain affirmative action designed to effectuate the policies of
the Act. `
The General Counsel contends that the mere posting of
the notice at the union hall and the employers' premises
would not assure that the employees who were harmed
would see it because many employees may not be union
members and not likely to frequent the union hall and
many of them may no longer be employed. Consequently
the General Counsel requests (in addition to the usual
posting of the notice) that an Order require that Respon-
dent prepare ' and furnish to the Regional Office sufficient
copies of the notice signed by a responsible officer (the
signature may be mechanically reproduced) which will be
mailed by the Region to every employee of the members of
the Association employed at any time during the period
commencing January 25 , 1975, and ending on the date
which Respondent makes said notices available to the Re-
gion . I shall recommend such an Order.
B A violation in itself of Sec 8 (b)(1)(A) of the Act . See Local 316, United
Cement, Lime and Gypsum Workers International Union, AFL-CIO (National
Gypsum Company), 133 NLRB 1445 (1961), where the publishing of just
license numbers alone constituted a violation . The publishing here goes
much further including names and addresses.
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of the nature of the unfair labor practices com-
mitted and Respondent's previous record in this connec-
tion I shall also recommend that Respondent cease and
desist from restraining or coercing in any manner employ-
ees in their exercise of rights guaranteed by Section 7 of the
Act.
Upon the basis of the foregoing findings of fact and
upon the entire record in the case, I make the following:
CONCLUSIONS OF LAW
1. Milwaukee Independent Meat Packers Association is
an employer within the meaning of Section 2(6) and (7) of
the Act.
2. Local 248, Meat & Allied Food Workers, affiliated
with Amalgamated Meat Cutters and Butcher Workmen of
North America, AFL-CIO, is a labor organization within
the meaning of Section 2(5) of the Act.
3. By restraining and coercing employees of Milwaukee
Independent Meat Packers Association as found herein,
Respondent has committed and is committing unfair labor
practices within the meaning of Section 8(b)(1)(A) of the
Act.
Upon the foregoing findings of fact, conclusions of law,
and the entire record, I hereby issue the following recom-
mended:
ORDERS
Respondent, Local 248, Meat and Allied Food Workers,
affiliated with Amalgamated Meat Cutters and Butcher
Workmen of North America, AFL-CIO, Milwaukee, Wis-
consin, its officers, agents, and representatives, shall:
1. Cease and desist from:
(a) Restraining or coercing employees of Milwaukee In-
dependent Meat Packers Association (Milwaukee Dressed
Beef Co., Milwaukee Meat & Provision Co., Northern
Packing Co., and its United Packing Company unit, Peck
Meat Packing Co., Wisconsin Packing Co., August Born &
Son, Donner Packing Co., and the Nacker Packing) by any
of the following conduct for the purpose of discouraging
said employees in the exercise of their right to work for any
of the above employers and any other employer and the
right not to join or support any strike: Threatening em-
ployees and supervisors with bodily harm and property
damage; following vehicles of employees and customers to
9 In the event no exceptions are filed as provided by Sec 102 46 of the
Rules and Regulations of the National Labor Relations Board, the findings,
conclusions and recommended Order herein shall, as provided in Sec.
102.48 of the Rules and Regulations, be adopted by the Board and become
its findings, conclusions and Order, and all objections thereto shall be
deemed waived for all purposes.
and from picket lines and driving in a dangerous and reck-
less manner to harass and intimidate employees; throwing
objects and discharging firearms at employees; assaulting
and causing physical harm to employees; causing damage
to vehicles and other property of employees; damaging ve-
hicles parked in the parking lots of struck premises ; block-
ing and hampering ingress and egress of vehicles at struck
premises; scratching, kicking, rocking, hitting with picket
signs, jumping upon, pounding fists and causing damage to
vehicles of employees, supervisors, and customers entering
and exiting struck premises; placing nails on the driveways
of struck premises; making harassing, threatening phone
calls to employees; recording license numbers of vehicles
crossing picket lines, and compiling and posting the names
and addresses of the owners.
(b) In any other manner restraining or coercing any em-
ployees in the exercise of rights guaranteed in Section 7 of
the Act.
2. Take the following affirmative action which will ef-
fectuate the policies of the Act:
(a) Post at its offices and meeting halls copies of the
attached notice marked "Appendix." 10 Copies of said no-
tice, on forms provided by the Regional Dirctor for Region
30, after being duly signed by its representative, shall be
posted by the Respondent immediately upon receipt there-
of, and be maintained by it for 60 consecutive days thereaf-
ter, in conspicuous places, including all places where no-
tices to members are customarily posted. Reasonable steps
shall be taken by Respondent to ensure that said notices
are not altered, defaced, or covered by any other material.
(b) Sign, as aforesaid, and mail sufficient copies of said
attached notice to the Regional Director for Region 30, for
posting, Milwaukee Independent Meat Packers Associa-
tion being willing, at places where notices to employees are
customarily posted. Such copies of the notice shall be fur-
nished the Respondent by said Regional Director.
(c) Prepare and furnish to the Regional Office sufficient
copies of said notice (also supplied by the Regional Direc-
tor) signed by a responsible officer (a mechanical signature
reproduction being permissible) to be mailed by the Re-
gion to every employee of the members of the Association
employed at any time during the period commencing Janu-
ary 25, 1975, and ending on the date which Respondent
makes said signed notices available to the Region.
(d) Notify the Regional Director for Region 30, in writ-
ing, within 20 days from the date of this Decision, what
steps Respondent has taken to comply herewith.
10 In the event that the Board's Order is enforced by a Judgment of the
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 "