Local Union 497, International Brotherhood Of Electrical Workers, Afl-Cio

National Labor Relations Board - Board Decisions

Sep 30, 1986

281 N.L.R.B. 1178 (N.L.R.B. 1986)

1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local Union 497, International Brotherhood of Elec-
trical Workers , AFL-CIO and Canyon Valley
Electric , Inc. Case 19-CB-5348
30 September 1986
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN, BABSON, AND STEPHENS
Upon charges filed on 20 December 1984 by
Canyon Valley Electric, Inc. (the Charging Party
or the Employer), the General Counsel of the Na-
tional Labor Relations Board, by the Regional Di-
rector for Region 19, issued a complaint and notice
of hearing on 21 January 1985 against Local Union
497, International Brotherhood of Electrical Work-
ers, AFL-CIO (the Respondent or the Union). The
complaint alleges that the Respondent violated
Section 8(b)(1)(B) of the National Labor Relations
Act. The Respondent filed an answer to the com-
plaint in which it admitted certain allegations of
the complaint but denied that it committed any
unfair labor practices.
The General Counsel, the Charging Party, and
the Respondent entered into a stipulation in which
they agreed to certain facts relevant to the issues in
this proceeding. They also agreed to waive a hear-
ing before an administrative law judge, the issuance
of an administrative law judge's decision, and the
presentation of any evidence other than that con-
tained in the stipulation of facts. By order dated 21
June 1985 the Board approved the stipulation and
transferred the proceeding to the Board. Thereaf-
ter, the General Counsel and the Respondent filed
briefs with the Board.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Charging Party, Canyon Valley Electric,
Inc., is a Colorado corporation with an office and
place of business at Grand Junction, Colorado,
where it has been engaged in the business of elec-
trical construction. During the 12-month period
proceeding issuance of the complaint, Canyon
Valley Electric, Inc. sold and shipped goods or
provided services from its Colorado facilities to
customers outside the State, or sold and shipped
goods or provided services to customers within
Colorado, which customers were themselves en-
gaged in interstate commerce by other than indi-
rect means, of a total value of in excess of $50,000.
Accordingly, we find, in agreement with the par-
ties, that Canyon Valley Electric, Inc. has been at
all times material an employer engaged in com-
merce and in operations affecting commerce within
the meaning of Section 2(6) and (7) of the Act, and
we find that it will effectuate the policies of the
Act to assert jurisdiction in this proceeding.
II. THE LABOR ORGANIZATION INVOLVED
The Respondent is a labor organization within
the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
In October 1984 the Employer was engaged in
electrical construction work at the Cannon Gold
project outside Wenatchee, Washington. It assigned
William L. Fox, a member of the Union, to the po-
sition of electrical superintendent on the project,
where his duties included hiring and firing, respon-
sibility for all disciplinary matters, and directing
the work of approximately 11 employees and ad-
justing their grievances.
In December 1984 the Union's business manager
filed internal union charges against Fox for violat-
ing various provisions of the Union's bylaws, its
local union agreement , and the constitution of the
Union's parent body, the International Brotherhood
of Electrical Workers (IBEW). The gravamen of
the charges was that Fox was working for the Em-
ployer, a nonunion firm. A trial was held before
the Union's executive board in January 1985 and
Fox was found guilty of certain violations of the
IBEW constitution. The executive board expelled
him from the IBEW.
The General Counsel contends that, because Fox
was a supervisor and the Employer's representative
for the adjustment of grievances, the Union's disci-
pline of him specifically for working for this non-
union employer restrained and coerced the Em-
ployer in the selection of its grievance representa-
tive in violation of Section 8(b)(1)(B). Electrical
Workers IBEW Local 73 (Chewelah Contractors),
231 NLRB 809 (1977), enf. denied 621 F.2d 1035
(9th Cir. 1980); Electrical Workers IBEW Local 323
(Drexel Properties), 255 NLRB 1395 (1981), enfd.
703 F.2d 501 (11th Cir. 1983). The Union urges us
to adopt instead the Ninth Circuit's approach in de-
nying enforcement in Chewelah Contractors, supra,
finding no violation where, as here, the Union nei-
ther has nor seeks a collective-bargaining relation-
ship with the employer whose grievance represent-
ative it disciplined. However, the Board has not
followed the Ninth Circuit's position. See Musi-
cians (Royal Palm Theatre), 275 NLRB 677 (1985).'
' The Board has sought review of the Ninth Circuit's position in
Chewelah Contractors by filing a petition for certiorari to that court's de-
Continued
281 NLRB No. 158
ELECTRICAL WORKERS IBEW LOCAL 497 (CANYON VALLEY ELECTRIC) 1179
The Union also contends that the expulsion of
Fox was purely an internal union matter , pointing
to the proviso to Section 8(b)(1)(A), which pre-
serves the right of unions to prescribe their own
rules regarding membership . However, the Board
has held the 8(b)(1)(A) proviso to be inapplicable
to Section 8(b)(1)(B), which section protects the
freedom of employers to choose their representa-
tives unimpeded by coercive union pressures on the
representatives to cease working for them. Carpen-
ters New Mexico Council (Horner, Inc.), 177 NLRB
500 (1969), enfd. 454 F.2d 1116 (10th Cir. 1972);
Carpenters Local 1233 (Polk Construction), 231
NLRB 756, 761-762 (1977); Electrical Workers
IBEW Local 428 (Valley Electric), 268 NLRB 480,
482-483 (1983).
Accordingly, we find that the Respondent, by
bringing charges against Fox and expelling him for
working for the Employer, violated Section
8(b)(1)(B) of the Act.
IV. THE REMEDY
Having found that the Respondent has engaged
in and is engaging in unfair labor practices within
the meaning of Section 8(b)(1)(B) of the Act, we
shall order that it cease and desist therefrom and
take certain affirmative action designed to effectu-
ate the policies of the Act.
The Board , on the basis of the foregoing facts
and the entire record, makes the following
CONCLUSIONS OF LAW
1. The Respondent is a labor organization within
the meaning of Section 2(5) of the Act.
2. Canyon Valley Electric, Inc. is an employer
engaged in commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
3. William L . Fox was at all material times
herein a representative selected by Canyon Valley
Electric, Inc. for the purpose of adjustment of
grievances within the meaning of Section 8(b)(1)(B)
of the Act.
4. By maintaining charges against William L.
Fox and by expelling him , the Respondent re-
strained and coerced Canyon Valley Electric, Inc.
in the selection and retention of its representatives
for the purposes of collective bargaining or the ad-
justment of grievances , and thereby has engaged in
unfair labor practices within the meaning of Sec-
tion 8(b)(1)(B) of the Act.
5. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
cision in NLRB Y. Electrical Workers IBEW Local 340, 780 F .2d 1489
(1986), petition for cert . filed 54 U S.L.W. 3795 (U.S. May 22, 1986) (No.
85-1924)
ORDER
The National Labor Relations Board orders that
the Respondent , Local Union 497, International
Brotherhood of Electrical Workers, AFL-CIO, its
officers, agents, and representatives, shall
1. Cease and desist from
(a) Restraining and coercing Canyon Valley
Electric , Inc. in the selection of its representatives
for the purpose of collective bargaining or the ad-
justment of grievances by maintaining charges
against, expelling from membership , or otherwise
disciplining the Company's grievance representa-
tives for acts performed in execution of their griev-
ance representative duties.
(b) In any like or related manner restraining or
coercing Canyon Valley Electric, Inc. in the selec-
tion of its representatives for the purpose of collec-
tive bargaining or the adjustment of grievances.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Rescind and expunge all records of the
charges against and expulsion of William L. Fox.
(b) Restore William L. Fox to membership in
good standing with all attendant rights and privi-
leges.
(c) Notify William L. Fox in writing that it has
taken the action required in 2(a ) and (b) above.
(d) Post at its office and any place where its
meetings are customarily held copies of the at-
tached notice marked "Appendix."2 Copies of the
notice, on forms provided by the Regional Direc-
tor for Region 19 , after being signed by the Re-
spondent's authorized representative, shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 consecutive days in
conspicuous places including all places where no-
tices to members are customarily posted. Reasona-
ble steps shall be taken by the Respondent to
ensure that the notices are not altered , defaced, or
covered by any other material.
(e) Furnish the Regional Director for Region 19
signed copies of the notice for posting by Canyon
Valley Electric, Inc., if willing, at its Wenatchee,
Washington place of business where notices to em-
ployees are customarily posted.
(f) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
2 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading "Posted by Order of the Nation-
al 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."
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE To EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT restrain or coerce Canyon Valley
Electric, Inc. in the selection of its representatives
for the purpose of collective bargaining or the ad-
justment of grievances by maintaining charges
against, expelling from membership , or otherwise
discipling grievance representatives for acts per-
formed in execution of their grievance representa-
tive duties for the Company.
WE WILL NOT in any like or related manner re-
strain or coerce Canyon Valley Electric, Inc. in the
selection of its representatives for the purpose of
collective bargaining or the adjustment of griev-
ances.
WE WILL rescind and expunge all records of the
charges against and expulsion of William L. Fox,
and WE WILL restore him to membership in good
standing with all attendant rights and privileges,
and advise him in writing that this action has been
taken.
LOCAL UNION 497 , INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS , AFL-CIO