IBEW Local 1260

National Labor Relations Board - Board Decisions

Dec 19, 1978

239 N.L.R.B. 923 (N.L.R.B. 1978)

IBEW, LOCAL 1260
International Brotherhood of Electrical Workers, Lo-
cal 1260, AFL-CIO (Western Telestations d/b/a
KITV) and Stephen Kerry Bramham, Carolyn Mer-
rill, Miles F. Shiratori, Susan Koch, Margaret N.
Maslanka, and William A. Van Keulen. Cases 37
CB-371, 37-CB-372, 37-CB-373-I, 37-CB-373-2,
37-CB-373-3, and 37-CB-374
APPENDIX
NOTICE To EMPLOYEES
POSTrED BY ORDER OF IHE
NATIONAI LABOR RELATIONS BOARD
An Agency of the United States Government
December 19, 1978
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND PENELLO
On September 18, 1978, Administrative Law Judge
Earldean V. S. Robbins issued the attached Decision
in this proceeding. Thereafter, limited exceptions to
the Administrative Law Judge's Decision were filed
by the General Counsel.
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 has
decided to affirm the rulings, findings, and conclu-
sions of the Administrative Law Judge and to adopt
her recommended Order, as modified below.'
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, Inter-
national Brotherhood of Electrical Workers, Local
1260, AFL-CIO, its officers, agents, and representa-
tives, shall take the action set forth in the said recom-
mended Order, as so modified:
1. Add the following at the end of paragraph l(c):
"or by instituting or pursuing lawsuits in state
court for collection of the fine assessed against em-
ployee Stephen Kerry Bramham or any), other em-
ployee so similarly situated."
2. Substitute the attached notice for that of the
Administrative Law Judge.
Although Respondent has communicated its intention to comply with
the Administrative Law Judge's recommended Order. in light of Respon-
dent's lawsuit in state court for collection of the fine levied agains, Bram-
ham we find merit in the General Counsels limited exceptions and shall
order Responde-qt not to institute or pursue court collection of such unlai-
ful fines against tramham or other persons simiarly situated.
WE WILL NOT cause, or attempt to cause, West-
ern Telestations, d/b/a KITV, to discharge em-
ployees or otherwise discriminate against them
because they exercised their rights guaranteed
by Section 7 of the National Labor Relations
Act to work during a strike.
WE WILL NOT cause, or attempt to cause, said
Employer to discriminate in regard to the hire or
tenure of employment of any employee except
to the extent authorized by an agreement made
in accordance with the proviso to Section 8(a)(3)
of the Act. This means we will not request the
discharge of any employee who is covered by a
union-shop agreement for any reason other than
the failure of such employee to tender the pay-
ment of any initiation fee or periodic dues, and
then only after we have notified such employee
of his obligations under such agreement.
WE WILL NOi restrain or coerce employees
who are not members of the Union and who, in
the exercise of the rights guaranteed in Section 7
of the National Labor Relations Act, worked at
Western Telestations. d/b/a KITV, during the
September 1977 strike by imposing fines on
them or by instituting or pursuing lawsuits in
state court for collection of the fine assessed
against employee Stephen Kerry Bramham or
any other employee so similarly situated.
WE WILL NO0 in any other manner restrain or
coerce employees in the exercise of the rights
guaranteed in Section 7 of the Act.
WE WILL, notify Western Telestations, d/b/a
KITV, that we are withdrawing our requests for
the termination of Carolyn Merrill, Miles F. Shi-
ratori. Susan Koch, and Margaret N. Maslanka,
and WE WILL notify each of the above-named
employees, in writing, that we are withdrawing
the requests for their terminations.
WE wiL.L rescind the fines levied against Ste-
phen Kerry Bramham and William A. Van Keu-
len because they worked for Western Telesta-
tions, d/b/a KITV, during the Sep:ember 1977
strike and refund to each of them any money
paid to us as a result of such fine; reimburse
each of them for any expense incurred as a re-
sult of attempts to collect such fines. plus inter-
923
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
est; and expunge from our records any reference
to said fines.
INTERNATIONAL BROTHERHOOD OF ELEC-
TRICAL WORKERS, LOCAL 1260, AFL-CIO
DECISION
STATEMENT OF THE CASE
EARLDEAN V. S. ROBBINS. Administrative Law Judge: This
case was heard before me in Honolulu, Hawaii, on August
1, 1978. The charges in Cases 37-CB-371, 37-CB-372, 37-
CB-373-2, 37-CB-373-3, and 37-CB-374 were filed by
Stephen Kerry Bramham, an individual, Carolyn Merrill,
an individual, Susan Koch, an individual, Margaret N.
Maslanka, an individual, and William A. Van Keulen, an
individual, respectively, and served on Respondent on
April 5 and 6, and May 11, 15, and 8, 1978, respectively.
The charge in Case 37-CB-373-1 was filed by Miles F.
Shiratori on April 13, 1978, and served on Respondent on
April 14, 1978. An order consolidating the above cases and
a consolidated complaint issued on June 30, 1978, alleging
that Respondent violated Section 8(bXI)(A) and (2) of the
National Labor Relations Act.
The principal issues herein are whether Respondent un-
lawfully fined Bramham and Van Keulen and attempted to
cause the discharge of Merrill, Shiratori, Koch, and Mas-
lanka because they worked during a strike.
Upon the entire record, including my observation of the
demeanor of the witnesses, and after due consideration of
briefs filed by the parties, I make the following:
FINDINGS OF FACT
I. JURISDICTION
Western Telestations, d/b/a KITV, herein called the
Employer or KITV, is a Wyoming corporation and a whol-
ly owned subsidiary of Star Broadcasting Group, with an
office and place of business in Honolulu, Hawaii, where it
is engaged in the operation of television station KITV.
During the past calendar year the Employer, in the course
and conduct of its business operations, received gross reve-
nues in excess of $100,000, advertised national brand prod-
ucts, and at all times material herein has been a subscriber
to, and has utilized the services of, United Press Interna-
tional.
The complaint alleges, Respondent admits, and I find
that KITV is, and at all times material herein has been, an
employer engaged in commerce and in operations affecting
commerce within the meaning of Section 2(2), (6), and (7)
of the Act.
I. LABOR ORGANIZATION
The complaint alleges, Respondent admits, and I find
that Respondent is now, and at all times material herein
has been, a labor organization within the meaning of Sec-
tion 2(5) of tne Act.
ill. THE ALLEGED UNFAIR LABOR PRACTICES
Respondent and the Employer were parties to a mul-
tiemployer collective-bargaining agreement covering cer-
tain employees of the Employer which terminated August
31, 1977,' and which contained a union-security clause re-
quiring membership in Respondent Union within 60 days
or after the effective date of the agreement, whichever is
the later. Respondent engaged in a strike against the Em-
ployer commencing on September I and continuing
through September 27.
Substantial agreement was reached on September 23 on
a new contract which was ratified by Respondent's mem-
bers on about September 27. Subsequently, the agreement
was reduced to writing and signed on about November 18.
The new collective-bargaining agreement, effective by its
terms from September 1, 1978, through August 15, 1980,
provides:
SECTION 3. UNION SECURITY.
The Company agrees that it will give each new bargain-
ing unit employee a copy of this Agreement and that it will
call to such employee's attention the fact that the Union is
the sole and exclusive collective bargaining representative
of all employees covered hereby. The Company further
agrees to call to the attention of each new bargaining unit
employee the requirements of this Agreement with respect
to membership in the Union.
All employees shall become members of the Union with-
in sixty (60) days after going to work, or after the effective
date of this Agreement, whichever is later, and shall main-
tain such membership in the Union in good standing as a
condition of employment. For the purpose of this Article,
an employee shall be considered as being a member in
good standing if he tenders the lawful periodic dues and
initiation fees uniformly required as a condition of acquir-
ing membership. Employees who are required hereunder to
maintain membership and fail to do so, and employees
who are required hereunder to join the Union and fail to
do so, shall, upon notice of such fact in writing from the
Union to the Employer, be discharged within thirty (30)
days of such notice, or, upon replacement, whichever oc-
curs first.
A. The Discharge Requests
Carolyn Merrill has been employed by KITV as a pro-
gram secretary since November 1975, and pursuant to the
union-security provision of the applicable collective-bar-
gaining agreement she became and remained a member of
Respondent until she resigned on September 1, the date the
strike commenced.
On or about October 2, according to KITV Station
Manager Richard Grimm's undenied testimony, he asked
Henry Reeves, Respondent's business representative
"'What about Carolyn Merrill?" Reeves replied, "That's
going to be a real problem." Grimm said, "Why? Because
| All dates herein in September through December will be in 1977, and
those in January through May will he in 1978. unless otherwise indicated.
924
IBEW, LOCAL 1260
she resigned the Union?" Reeves said, "Yes. I don't know
what the Board's going to do." Gnmm said, "'If it's going
to be a real problem with you, Hank, what we can do is
allow Carolyn to stay out of the Union, but keep the posi-
tion in the Union, and in case she ever left, and decides to
leave, then the next person to assume that position, you
know, will be a member of the Union, if that's going to
help you." Reeves said, "Gee, I don't know. I'll get back to
you." Thereafter, in the period between October 2 and the
third week in November, Grimm contacted Reeves by tele-
phone a minimum of three times to inquire whether Merrill
would be required to join the Union. Reeves never gave
him an answer.
Shortly after the strike ended Merril asked Grimm if she
would be required to rejoin the Union. Grimm said he was
trying to find out from Reeves. She also asked Grimm the
date of the new contract and whether there would be a
waiting period before she could rejoin the Union. Grimm
said he had contacted Reeves on several occasions to find
out exactly what the time period would be, that Reeves
said he would get back to him but never did so. Grimm
said that since there had been a period when there was no
contract in force, he was sure there would be a waiting
period but he did not know what the length would be.
By letter dated November 25, Respondent requested
Merrill's discharge pursuant to the union-security provi-
sion of the contract. Grimm informed Merrill of the re-
quest. He told her the request came as a surprise, that he
did not know what was happening, and that the only thing
he could suggest was that she join the Union immediately.
On November 28 Merrill signed an application for mem-
bership and a dues-checkoff authorization.
On November 29 Grimm sent a letter to Reeves, the
body of which reads:
Your request to have Carolyn Merrill discharged
from KITV for failure to comply with Section 3,
Union Security, Paragraph 3, is hereby denied.
During the month of October I had at least four
telephone conversations with you regarding the status
of Carolyn Merrill. You expressed to me the problems
you faced with Carolyn resigning the union and con-
tinuing to work for KITV during the strike. I offered
to allow the position to remain in the bargaining unit
and if Carolyn ever left the employ of the station, the
next person to fill that position would join the union.
I made this offer in good faith to try and alleviate
your problems with your executive committee. Your
last words to me on this subject was, "I'll get back to
you." I never heard from you until your request for
discharge.
At no time has Carolyn refused to join the union.
She has been waiting for you to make a decision.
As soon as I received your letter, I informed Caro-
lyn she would have to join the union. She complied
immediately.
Your refusal to return to me a decision as to wheth-
er or not Carolyn Merrill should apply for union
membership was an indication you did not want her to
become a union member.
If you have any further question, please contact me.
Koch and Maslanka, both cameramen, were hired as
strike replacements on September 1. Both worked full time
during the strike. Shiratori. a floor director, was hired as a
strike replacement on September 3. He worked 8 hours a
week. After the strike Koch remained in Respondent's em-
ploy and worked 30 to 40 hours a week on an irregular
schedule. In December, following the close of the football
season, her hours were reduced to 8 hours a week, and on
February 12, when a Sunday newscast was added, her
hours were increased to 16 hours a week. After the strike
Shiratori continued to work 8 hours a week for about 2
weeks, and then his hours were reduced to 3 hours a week
on weekends. Maslanka's hours after the strike were re-
duced to 6 hours a week.
The undenied testimony of Richard Grimm, KITV sta-
tion manager, which I criedit, is that on October 2 and
several times thereafter in the weeks following the end of
the strike, Respondent's Business Representative Henry
(Hank) Reeves told him that the strike replacements were
causing problems, that the employees who went out on
strike were very opposed to the replacements' working and
Grimm should discharge the replacements.
According to the testimony of Koch, whom I credit, on
October 28 or 29, her supervisor, Stewart Cheifet, gave her
forms to sign for union membership and instructed her to
return them to him. On November 4 she signed the forms
and returned them to her supervisor.
Shiratori credibly testified that his supervisor, Charles
Riley, gave him union membership forms on a Thursday
toward the end of October and told him to sign them and
return them. He further said that the Union was pressuring
the Company to have the forms signed. Shiratori signed the
forms and on the following Saturday slid them under the
door to the office of Roy Kiyabu, the Company's accoun-
tant, who handled dues checkoff, etc.
Maslanka credibly testified that sometime in November
a union membership application and a dues checkoff au-
thorization form was posted on the assignment board along
with a note from her supervisor, Charles Riley. She signed
the forms and returned them to her supervisor on Novem-
ber 29.
Neither Merrill, Koch. Shiratori, nor Maslanka received
any notification from the Union as to their obligations un-
der the union-security provision of the contract. Further,
when Koch, Shiratori, and Maslanka were given the mem-
bership forms to sign, they were not informed of any time
deadline nor were they ever provided with copies of the
collective-bargaining agreement.
By memo dated November 4, Kiyabu transmitted to the
Union information as to five new hires, all of whom had
been striker replacements. The initiation fee for Tom
Soenksen was transmitted with the memo. A notation as to
Ted Pregitzer stated: "'Union papers has been turned in to
the accounting office-B UT after the payroll was sent in to the
Computer center. " The memo contained identical notations
as to Maslanka, Koch, and Shiratori, "Has NOT returned
union forms given to [him/her]."
By separate letters dated November 25, Respondent re-
quested the discharge of Koch, Shiratori, and Maslanka.
By letters dated November 30, KITV informed Respon-
dent that it would not accede to the demand.
925
DECISIONS OF NAT IONAL LABOR RELATIONS BOARD
Pursuant to the contractual grievance procedure, a
board of adjustment' hearing was held on March I con-
cerning the request for discharge of Merrill, Koch, Masian-
ka, Shiratori, and Pregitzer. The Employer's position as to
Merrill was: one, the contract was not finalized until some-
time in November, and, two, Reeves had never given an
answer as to whether Merrill would be required to rejoin
the Union. As to the others, the Employer's positiorn was
that they had been hired on a temporary, casual basis 3 and
the Union had not contacted the Employer, as required by
the contract for temporary casual employees, 4 to discuss
whether they should be covered by the union-security
clause.
The board of adjustment concluded that Pregitzer
should not be discharged and that Koch, Shiratori, and
Maslanka should be discharged within 30 days. The Board
deadlocked on Merrill, and Respondent requested arbitra-
tion. However, the charges herein were filed prior to the
selection of an arbitrator, and the Employer thereafter re-
fused to proceed to arbitration.
In March, following the Board of Adjustment action,
Merrill requested a refund of the initiation fees and dues
deducted from her wages inasmuch as the Union had not
accepted her as a member. Thereafter, the fees and dues
paid by Merrill, Koch, Maslanka, and Shiratori were re-
funded to them.
B. The Fines
Bramham and Van Keulen were hired by KITV in Sep-
tember as strike replacements. When the strike ended, they
both left KITV's employ. Bramham was rehired after 2 or
3 weeks. Van Keulen was rehired on December 9.
Bramham joined the Union in 1972, when he was em-
ployed by television station KGMB under a union-security
contract. He left KGMB's employ after 10 or 11 months.
Thereafter, he neither resigned from the Union nor paid
union dues nor did anything to maintain his union mem-
bership. The Union unilaterally placed Bramham on with-
drawal status but gave him no notification of this action.
In 1970 Van Keulen joined an International Brother-
hood of Electrical Workers (IBEW) local in San Francisco,
when he was employed by a cable television company sig-
2 The board of adjustment is comprised of four members. two appointed
by the Employer and two by the Union.
According to Grimm. during the strike one of the cameramen resigned
and Koch and Pregitzer were retained pending an evaluation as to who
would replace this cameraman. Shiraton and Maslanka were retained after
the strike in anticipation of adding a seventh-day newscast. In the interval.
they were filling in during vacations.
The contract provides:
Section 36 Definitions
"Temporary and Casual Emplovees" "Temporars and (Casual Im-
ployees" constitute those persons who are not regularly scheduled over
a long penod of time. hut who are scheduled for short periods for the
purpose of coverning such situations as vacations, sick leave. funeral
leave. jury duty, leaves of absence. or unusual workloads. and shall
include summer hires. Ihe Employer shall he free to hire casual or
temporary emplosees in these situations. The Union shall notify the
Employer when a tempotary or casual employee has worked with the
station for a sufficient period of time to be considered for union mem-
bership
natory to a collective-bargaining contract with the local.
After about 18 months he left this employment and ob-
tained a withdrawal card from the local. Thereafter, he
affiliated with no IBEW local, paid no union dues, and had
no contact with any IBEW local until he was employed by
KITV in September.
Both Bramham and Van Keulen timely applied for
membership in the Union. On his application form, Van
Keulen indicated that he had once been a member of a
sister local. Thereafter, someone from the Union contacted
him and inquired as to the identity of the local. Van Keu-
len gave the information and indicated that he had a with-
drawal card. The Union asked him to surrender the with-
drawal card, which he did. The Union then gave him a
traveling card.
On November 23 the Union notified Bramham that
charges had been filed against him essentially for working
during the strike and that a trial board hearing had been
scheduled. Bramham did not attend the hearing. KITV's
attorney attempted to represent him during the hearing but
was informed that nonmembers were not permitted to par-
ticipate. By letter dated December 29 Bramham was noti-
fied that pursuant to the decision of the trial board, he
would be suspended for a certain period of time and fined
at the rate of $40 per day worked during the strike, for a
total of $1,080. Bramham did not appeal this decision. On
February 24 the Union filed a complaint in district court to
collect the fine.
By letter dated March 8 Van Keulen was notified that
charges had been filed against him for working during the
strike and that a trial board hearing had been scheduled.
Van Keulen did not attend the hearing. By letter dated
May 4 Van Keulen was notified that the trial board had
found him guilty of certain charges, that he would be sus-
pended for a certain period and would be fined $800 for
working 20 days during the strike. Van Keulen did not
appeal the decision.
C. Conclusion
It is well settled that a union seeking to enforce a union-
security provision against an employee has a fiduciary obli-
gation to inform the employee of his obligations so that the
employee may take the necessary steps to protect his job.
Philadelphia Sheraton Corooration, 136 NLRB 888 (1962),
Rocket and Guided Missile Lodge 946, International Associa-
tion of Machinists and Aerospace Workers, A FL-CIO (A ero-
jet-General Corporation), 186 NLRB 561 (1970); Interna-
tional Association of Bridge, Structural and Reinforced Iron
Workers Union, Local 378, AFL-CIO (Judson Steel Corpo-
ration), 192 NLRB 1069 (1971). The obligation is affected
neither by the fact that the employee may have obtained
some knowledge of his obligation from some other source
nor by the employer's failure to carry out any duties, by
way of notification to employees, imposed on it by the
union-security clause of the contract. Building Construction.
Highway Pavers, Sewer and Tunnel Workers Union Local
No. 113 of the International Hod Carriers. Building and
Common Laborer's Union of America (James Luterbach
Construction Co., Inc.), 167 NLRB 39, 41 (1967): Interna-
tional Association of Bridge, Structural and Reinforced Iron
926
IBEW, LOCAL 1260
Workers Union, Local 378, AFL-CIO (Judson Steel Corpo-
ration), 192 NLRB 1069, 1075 (1971).
I have thoroughly considered Respondent's argument
that by virtue of her membership pursuant to the union-
security provision of the contract prior to the strike, Merrill
had knowledge of her obligations, which relieved it of any
obligation to give her notice. I reject this contention. Al-
though it is true that the fiduciary obligations imposed
upon unions by the Act were never intended to serve "as a
shield for those who seek to avoid their legitimate dues
obligations," John J. Roche & Co., Inc., 231 NLRB 1082.
1083 (1977), there is no evidence that such was Merrill's
intent. Rather, Respondent's actions caused her to believe
that Respondent might relieve her of any obligation under
the union-security provision of the contract. Respondent
owed Merrill the same fiduciary obligation of notification
that it owed the other employees.
Here, Respondent gave no notification to the employees
whose discharges it sought. That alone is violative of Sec-
tion 8(bX2) of the Act. However, I further find, in view of
Reeves' request as early as October 2 that the strike re-
placements be discharged because they worked during the
strike, that Respondent discriminatorily attempted to cause
the discharge of these employees because they worked dur-
ing the strike. Accordingly, I find that Respondent at-
tempted to cause the discharge of Merrill, Shiratori, Koch,
and Maslanka in violation of Section 8(b)(2) and 1(A) of
the Act. Pueblo International, Inc., 229 NLRB 770 (1970).
As to the fines, it is well settled that Section 7 of the Act
guarantees to employees the right to refrain from partici-
pating in a strike. Booster Lodge No. 405, International As-
sociation of Machinists and Aerospace Workers v. N.L. R. B.,
412 U.S. 84, 88 (1973). However, a union, by a properly
established rule, may legitimately prohibit its members
from crossing its lawful picket lines, N.L.R.B., v. Allis Chal-
mers Mfg. Co., 388 U.S. 175, 195-196 (1967); Scofield [Wis-
consin Motor Corp.] v. N.L.R.B., 394 U.S. 423 (1969);
N.L.R.B. v. Granite State Joint Board, Textile Workers
Union of America, Local 1029, AFL-CIO lInternational Pa-
per Box Machine Co.], 409 U.S. 213 (1972).
Here, Van Keulen was not a member of the Union.
Bramham had been a member pursuant to a union-security
agreement between the Union and a previous employer.
He had complied with no obligation of union membership
since he left such employment in 1972 or 1973. He did not
seek withdrawal status, and Respondent never notified him
that he was on withdrawal status and that such status car-
ried certain membership obligations.
Respondent's position apparently is that, at its option.
once an employee becomes a member he remains a mem-
ber forever unless some formal resignation steps are taken.
I find this argument unpersuasive. Membership in a union
is a voluntary association requiring certain obligations on
the part of both parties. Here, once Bramham left his em-
ployment under the union-security contract, he was not
required to maintain membership in the Union. and he did
not thereafter meet any of the obligations of membership.
This surely must constitute a constructive resignation.
Moreover, withdrawal status carries something less than
full membership status. In these circumstances. I find that
Bramham did not enjoy the membership status which
would permit Respondent to fine him for working during
the strike. Accordingly, I find that by imposing fines on
Bramham and Van Keulen, Respondent violated Section
8(b)(l)(A) of the Act.
CONCLUSIONS OF LAW
I. Western Telestations, d/b/a KITV, is an employer
engaged in commerce within the meaning of Section 2(2),
(6). and (7) of the Act.
2. Respondent is a labor organization within the mean-
ing of Section 2(5) of the \ct.
3. By attempting to cause Western Telestations, d/b/ a
KITV, to discharge Carolyn Merrill. Miles F. Shiraton. Su-
san Koch, and Margaret N. Maslanka for reasons other
than their failure to tender periodic dues and initiation
fees, Respondent has engaged in, and continues to engage
in, unfair labor practices within the meaning of Section
8(b)(2) of the Act.
4. By fining Stephen Kerry Bramnham and William A.
Van Keulen for crossing a picket line and working at
KITV during a strike at a time when they were not mem-
bers of Respondent, Respondent engaged in, and is engag-
ing in, unfair labor practices within the meaning of Section
8(bX I)(A) of the Act.
5. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of Sec-
tion 2(6) of the Act.
THE REMEDY
Having found that the Respondent has engaged in, and
is engaging in, unfair labor practices in violation of Section
8(b)(1)(A) and (2) of the Act, I shall recommend that it
cease and desist therefrom and take certain affirmative ac-
tion designed to effectuate the policies of the Act.
I have found that Respondent levied fines against Bram-
ham and Van Keulen in violation of the Act. Accordingly,
I shall recommend that Respondent rescind the fines levied
against them, refund to them any money paid to Respon-
dent as a result of such unlawful fines, and reimburse them
for any expense incurred by them as a result of Respon-
dent's attempt to collect such fines, with interest computed
on all moneys due as provided in Florida Steel Corporation,
231 NLRB 651 (1977).6
Since the Employer did not discharge Merrill. Maslanka.
Koch, and Shiratori, no reinstatement or backpay remedy
is required.
Upon the basis of the foregoing findings of fact and con-
clusions of law and the entire record, and pursuant to Sec-
tion 10c) of the Act, I hereby issue the following recom-
mended:
I think this sItuation rnight he analogized Io th,se case, inolsming a
union, attempl to enforce a maintenance-of-membership prollsion igalnst
an emplo ee shio became a. member. left his emploisment. nind suhequentl
returned In the mailer oif /,elraldo, tlnint ( orlipinl, 77 I RH 39'2 (19481
orr n attempt to enforc .i c.heck,Lff aulh'ori;litlrin under Ithe same [irttil! -
s.ance.s ndlt trll, -il t tlh, nd t mnl/ S;vrtt -.r t h f)t,,,Ilon o r ttuil h Indu,
ir', In, . 195 NlRB 1121 19'72)
See. generall%. 1[ Plumbtin. & lctme Ii. IS (, R8 NI H 71 I 962i
927
DECISIONS OF NA'FIONAL LABOR RELATIONS BOARD
ORDER 7
The Respondent, International Brotherhood of Electri-
cal Workers, Local 1260, AFL-CIO, its officers, agents,
and representatives, shall:
i. Cease and desist from:
(a) Causing or attempting to cause Western Telestation,
d/b/a KITV, to discriminate against Susan Koch, Carolyn
Merrill, Miles F. Shiratori, Margaret N. Maslanka, or any
other of its employees because they exercised their rights
guaranteed by Section 7 of the Act to work during the
September 1977 strike at KITV.
(b) Causing or attempting to cause Western Telestation,
d/b/a KITV, to discriminate against Carolyn Merrill,
Miles F. Shiratori, Susan Koch, Margaret N. Maslanka, or
any other of its employees, except to the extent permitted
by the proviso to Section 8(a)(3) of the Act.
(c) Restraining or coercing employees who are not
members of Respondent in the exercise of their rights guar-
anteed by Section 7 of the Act, by imposing fines on them
because of their conduct in working at Western Telesta-
tions, d/b/a KITV, during the September 1977 strike.
(d) In any other manner restraining or coercing employ-
ees in the exercise of the rights guaranteed in Section 7 of
the Act.
2. Take the following affirmative action designed to ef-
fectuate the purposes of the Act:
(a) Notify Western Telestations, d/b/a KITV, in writ-
ing, that it withdraws its requests for the termination of
Carolyn Merrill, Miles F. Shiratori, Susan Koch, and Mar-
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.
garet N. Maslanka and notify each of the above-named
employees, in writing, that it is withdrawing the requests
for their terminations.
(b) Rescind the fines levied against Stephen Kerry
Bramham and William A. Van Keulen because they
worked for Western Telestations, d/b/a KITV, during the
September 1977 strike; refund to each of them any money
paid to Respondent as a result of such fine; reimburse each
of them for any expense incurred as a result of attempts to
collect such fines, plus interest; and expunge from its rec-
ords any reference to said fines.
(c) Post at its business office and meeting halls copies of
the attached notice marked "Appendix." 8 Copies of said
notice, on forms provided by the Regional Director for
Region 20, after being duly signed by an authorized repre-
sentative of Respondent, shall be posted by Respondent
immediately upon receipt thereof, and shall be maintained
by it for 60 consecutive days thereafter, in conspicuous
places, including all places where notices to members are
customarily posted. Reasonable steps shall be taken by the
Respondent to insure that said notices are not altered, de-
faced, or covered by any other material.
(d) Mail to the Regional Director for Region 20 signed
copies of said notice for posting by Western Telestations,
d/b/a KITV, if the Company is willing, in places where
notices to employees are customarily posted. Copies of said
notice, on forms provided by the Regional Director, after
being duly signed by Respondent's authorized representa-
tive, shall be returned forthwith to the Regional Director.
(e) Notify the Regional Director for Region 20, in writ-
ing, within 20 days from the date of this Order, what steps
the Respondent has taken to comply herewith.
s 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 Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
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