Machinists (Motor Trucks)

National Labor Relations Board - Board Decisions

Dec 14, 1984

273 N.L.R.B. 650 (N.L.R.B. 1984)

650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Association of Machinists and Aero-
space Workers, AFL-CIO, and its Local Lodge
1224 of District Lodge 69 and Motor Trucks,
Inc. Case 19-CB-4865
14 December 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND DENNIS
On a charge filed by the Employer 28 July 1983
and amended 16 January 1984 the General Counsel
of the National Labor .Relations Board issued a
complaint 2 September 1983 and an amended com-
plaint 18 January- 1984 against the Respondents.
The complaint alleges that .Respondent Local
Lodge 1224 refused to accept five employees' res-
ignations from membership in the Union, and filed
intraunion charges, conducted disciplinary proceed-
ings, and imposed court-collectible fines against the
employees for conduct that occurred after they had
submitted resignations, and that Respondent Inter-
national Association maintained a provision in its
constitution restricting the right to resign. The
amended complaint alleges these actions violate
Section 8(b)(1)(A) of the Act. The Respondents
filed an answer denying that they committed any
unfair labor practices.
On 30 January 1984 the parties jointly petitioned
the Board to transfer the instant proceeding to the
Board without benefit of a hearing before an ad-
ministrative law judge. The parties agreed that the
formal papers and the parties' stipulation of facts
constitute the entire record in this case, and that no
oral testimony is necessary or desired by any of the
parties. On 23 July 1984 the Associate Executive
Secretary, by direction of the Board, issued , an
Order approving the stipulation and transferring
the proceeding to the Board. The General Counsel
filed a brief. The Respondents did not file a brief.'
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the stipulation, the
brief, and the entire record in this proceeding, and
makes the following
FINDINGS OF FACT
I. JURISDICTION
The Employer, a Washington corporation with
its office and place of business in Everett, Washing-
ton, is engaged in the business of truck sales and
On 23 August 1984 the Respondents filed a motion to stay proceed-
ings pending Supreme Court review of the validity of restrictions on res-
ignation from union membership We deny the motion
repair. During the 12 months preceding issuance of
the amended complaint, the Employer, in the
course and conduct. of its business operations, had
gross sales of goods and services valued in excess
of $500,000, sold or shipped goods or provided
services from its facilities within the State of Wash-
ington valued in excess of $50,000 to customers
outside the State 'of Washington or to customers
within the State which were themselves engaged in
interstate commerce by other than indirect . means,
and purchased or caused to be transferred and de-
livered to its facilities within the State goods and
materials valued in excess of $50,000 directly from
sources outside the State, or from suppliers within
the State which in turn obtained such goods and
materials directly from sources outside the State.
The parties stipulated, and we find, that the Charg-
ing Party is an employer engaged in commerce
'within the meaning of Section 2(2), (6), and (7) of
the Act. The parties further stipulated, and we
find, that the Respondents are labor organizations
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. Facts
About June 1983 Local Lodge 1224 brought in-
ternal union charges, conducted disciplinary pro-
ceedings, and assessed court-collectible fines
against employees Lloyd Winther, Roy Dawnes,
Melvin Larsen, Morinus Oosterwyk, and John
Venderped for crossing the Local's authorized
picket line to work at the Employer. The five em-
ployees had been members of the Union. They sub-
mitted their resignations from membership during
Local Lodge 1224's economic strike against the
Employer, but before crossing the picket line. The
Respondents have refused to consider the resigna-
tions effective because of restrictions on the right
to resign contained in the International Associa-
tion's constitution. The relevant portion of the con-
stitution reads as follows:
Resignations shall not relieve a member of
his obligation to refrain from accepting em-
ployment at the establishment for the duration
of the strike or lockout or within 14 days pre-
ceding the commencement. Where observance
of a primary-picket line is required, any resig-
nation tendered during the period that the
picket line is maintained, or within 14 days
preceding its establishment, shall not become
effective as a resignation during the period the
picket line is maintained, nor shall it relieve a
member of his or her obligation to observe the
primary picket line for its duration.
273 NLRB No. 92
MACHINISTS (MOTOR TRUCKS) 651
B. Contentions of the Parties
The' General Counsel contends that the Board's
recent decisions in Machinists Local 1414 (Neufeld
Porsche-Audi), 270 NLRB 1330 (1984), and Engi-
neers & Scientists Guild (Lockheed-California Co.),
268 NLRB 311 (1983), are controlling and the act
of disciplining the five individuals and the mainte-
nance of the constitutional provision set forth
above constitute Violations of Section 8(b)(1)(A) of
the Act. The Respondents allege that the complaint
fails to state a claim and deny that they have com-
mitted unfair labor practices or that an appropriate
remedy should include expunging the constitutional
provision.
C. Discussion
We agree with the- General Counsel. A union
may not lawfully restrict its members! right to
resign. Neufeld Porsche-Audi, supra. Accordingly,
we find that the constitutional provision set forth
above is invalid and the five employees' resigna-
tions were effective when submitted. Therefore,
Respondent- Local Lodge 1 -224 violated Section
8(b)(1)(A) by refusing to accept the employees' res-
ignations, and by filing intraunion charges, con-
ducting disciplinary proceedings, and imposing
court-collectible fine's against the employees for re-
turning to work after they had resigned their union
memberships.
Furthermore, a union's . maintenance in its consti-
tution of an invalid provision restricting resignation
tends to restrain and coerce employees from exer-
cising their Section 7 rights. Lockheed-California,
supra. Respondent International Association's main-
tenance of the constitutional provision set forth
above therefore violated Section 8(b)(1)(A).
CONCLUSIONS OF LAW
1. By refusing to accept resignations from em-
ployees Lloyd Winther, Roy Dawnes, Melvin
Larsen, Morinus Oosterwyk, and John Venderped,
and by bringing internal union charges, conducting
disciplinary proceedings, and imposing court-col-
lectible fines about June 1983 against them for re-
turning to work at Motor Trucks, Inc., during Re-
spondent Local Lodge 1224 of District Lodge 69's
strike after they had submitted resignations from
membership in the Union, Respondent Local
Lodge 1224 of District_ Lodge 69 violated Section
8-(b)(1)(A) of the Act.
2. By maintaining in its constitution the restric-
tion-on-resignation provision set forth above, Re-
spondent International Association of Machinists
and Aerospace Workers; AFL-CIO, violated Sec-
tion 8(b)(1)(A) of the Act.
3. The foregoing unfair labor practices are unfair
labor • practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondents engaged in
unfair labor practices in violation of Section
8(b)(1)(A) of the Act, -we shall order that they
cease and desist therefrom and take certain affirma-
tive action necessary to effectuate the policies of
the Act. We shall order Respondent Local Lodge
1224 to refund to Winther, Dawnes, Larsen, Oos-
terwyk, and Venderped any moneys they may
have paid as . a result of the fines imposed against
them, with interest computed in the manner pre-
scribed in Florida Steel Corp., 231 NLRB 651
(1977). In addition, we shall order the Respondents
to expunge from their governing documents and
constitution the restriction-on-resignation provision
found invalid.2
ORDER
The National Labor Relations Board orders that
A. Respondent Local Lodge 1224 of District
Lodge 69, Everett, Washington, its officers, agents,
and representatives, shall
1. Cease and desist from
(a) Restraining or coercing employees who have
resigned from, and are no longer members of, the
Respondent in the exercise of the rights guaranteed
them by Section 7 of the Act by refusing to accept
their resignations, and by filing intraunion charges,
conducting disciplinary proceedings, and imposing
court-collectible fines against them because of their
postresignation conduct in working at Motor
Trucks, Inc. during the the strike that led to disci-
plinary action against Lloyd Winther, Roy
Dawnes, Melvin Larsen, Morinus Oosterwyk, and
John Venderped about June 1983.
(b) Maintaining in its governing documents the
restriction-on-resignation provision in the constitu-
tion of Respondent International Association of
Machinists and Aerospace Workers, AFL-CIO set
forth below: - •
ResignatiOns shall not relieve a member of
his obligation to refrain from accepting em-
2 Though the complaint in this case does not allege, in haec verba, the
"maintenance" of the provision by Respondent Local Lodge 1224 as
being unlawful, the complaint does allege that Local Lodge 1224 unlaw-
fully refused to consider the resignations valid because of the provision
Further, the absence of such a "maintenance" allegation has no bearing
on the Board's discretion to fashion appropriate remedies for the viola-
tions found Neufeld Porsche-Audi, supra We will therefore order Re-
spondent Local Lodge 1224 to cease and desist from maintaining the pro-
vision in its governing documents and to expunge the provision there-
from Member Dennis would not order Respondent Local Lodge 1224 to
take these two actions See id at fn 22
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployment at the establishment for the duration
of the strike or lockout or within 14' days pre-
ceding the commencement. Where observance
of a primary picket line is required, any resig-
nation tendered during the period that the
picket line is maintained, or within 14 days
- preceding its establishment, shall not become
• effective as a resignation during the period the
. picket line is maintained, nor shall it relieve a
member- of his or her obligation to observe the
primary picket line for its duration.
(c) In any like or related manner restraining or
coercing employees in the exercise of the rights
guaranteed them by Section 7 of the Act.,
2. Take the following affirmative acticin neces-
sary to effectuate the policies of the Act.
(a) Rescind the fines levied_ about June 1983
against Lloyd Winther, Roy Dawnes, Melvin
Larsen, Morinus Oosterwyk, and John Venderped
because of their postresignation work for MOtor
Trucks, Inc., and refund to them any moneys they
may have paid pursuant to those fines, with inter-
est.
(b) Expunge from its records and files all refer-
ences to fines, intraunion charges, or disciplinary
proceedings against the above-named employees
for conduct occurring after their resignations from
the Union, and notify them in writing this has been
dOne.
(c) Expunge from its governing documents the
restriction-on-resignation provision in the constitu-
tion of Respondent International Association of
Machinists and Aerospace Workers, AFL-CIO set
forth above.
(d) Post in its business office and other -places
where notices to its members are customarily
posted copies of the attached notice-marked "Ap-
pendix A." 3 Copies of the notice, on 'forms provid-
ed by the Regional Director for Region 19, after
being -signed by the Respondent's authorized repre-
sentative, shall be posted by the Respondent imme-
diately ' upon receipt and maintained for 60 consec-
utive days in conspicuous places including all
places where notices to members are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered,
defaced, or covered by any other material.
(e) Sign and return to the Regional Director suf-
ficient copies of the notice for posting by Motor
Trucks, Inc., if willing, at all places where notices
to employees are customarily posted.
- 3 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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board"
(f) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
B. Respondent International Association of Ma-
chinists and Aerospace. Workers, AFL-CIO, Port-
land, Oregon, its officers, agents, and representa-
tives, shall
1. Cease and desist from
(a) Maintaining in its 'constitution the restriction-
On-resignation provision set forth above in para-
graph A,1,(b) of this Order.
(b) In any like or related manner, restraining or
coercing employees in the exercise of the 'rights.
guaranteed them by Section 7 Of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Expunge from its constitution the restriction-
on-resignation provision set forth above.
(b) Post at its business office and other places
where - notices to its members are customarily
posted' copies of the attached notice Marked "Ap-
pendix B." 4 Copies of the notice, on forms provid-
ed by the Regional Director for Region '19, after
being signed by the Respondent's authorized repre-
sentative, shall-be posted by the Respondent imme-
diately upon receipt and mainthined for 60 consec-
utive -days in conspicuous plates including, all
plates where notices to members are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are riot altered,
defaced, or covered by any other material.
(c) Sign and return to the Regional Director suf-
ficient copies of the notice for' posting by Motor
Trucks, Ine., if willing, at all places where notiees
to employees are customarily posted.
(d) Notify - the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
- 4 See fn 3, above
APPENDIX A
NOTICE To 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 employees who
have resigned from, and are no longer members of,
Local Lodge 1224 in the exercise of the -rights
guaranteed them by Section 7 of the -Act by refus-
MACHINISTS (MOTOR TRUCKS) 653
ing to accept their resignations, and by filing in-
traunion charges, conducting disciplinary proceed-
ings, and imposing court-collectible fines against
them because of their postresignation conduct in
working at Motor Trucks, Inc. during the strike
that led to disciplinary action againt Lloyd
Winther, Roy Dawnes, Melvin Larsen, Morinus
Oosterwyk, and John Venderped about June 1983.
WE WILL NOT maintain' in our governing docu-
ments the restriction-on-resignation provision in the
constitution of the International Association of Ma-
chinists and Aerospace Workers, AFL-CIO set
forth below:
Resignations shall not relieve a member of
his obligation to refrain from accepting em-
ployment at the establishment for the duration
of the strike or lockout or within 14 days pre-
ceding the commencement. Where observance
of a primary picket line is required, any resig-
nation tendered during the period that the
picket line is maintained, or within 14 days
preceding its establishment, shall not become
effective as a resignation during the period the
picket line is maintained, nor shall it relieve a
member of his or her obligation to observe the
primary picket line for its duration.
WE WILL NOT, in any. like or related manner
interfere with, restrain, or Coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL rescind the fines levied about June
1983 against Lloyd Winther, Roy Dawnes, Melvin
Larsen, Morinus Oosterwyk, and John Venderped
because of their postresignation work for Motor
Trucks, Inc. and refund to them any moneys they
may .have paid pursuant to those fines, with inter-
est.
..WE WILL expunge from our records and files 'all
references to fines, intraunion charges, or discipli-
nary proceedings against the above-named employ-
ees for conduct occurring -after their resignations
from the Union, and notify them in writing this has
been done.
WE WILL expunge from our governing docu-
ments the restriction-on-resignation provision in the
constitution of the International Association of Ma-
chinists and Aerospace Workers, AFL-CIO set
forth above.
LOCAL UNION 1224 OF DISTRICT
LODGE 69
APPENDIX B
NOTICE To 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 maintain in our constitution the
restriction-on-resignation provision set forth below.
Resignations shall not relieve a member of
his obligation to refrain from accepting em-
ployment at the establishment for the duration
of the strike or lockout or within 14 days pre-
ceding the commencement. Where observance
of a primary picket line is required, any resig-
nation tendered during the period that the
picket line is maintained, or within 14 days
preceding its establishment, 'shall not become
effective as a resignation during the period the
picket line is maintained, nor shall it relieve a
member of his or her obligation to observe the
primary picket line for its duration.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce - you in the exer-
cise of the rights guaranteed you' by Section 7 of
the Act. .
WE WILL expunge from our constitution the re-
striction-dn-resignation provision set forth above.
'INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORK-
ERS, AFL-CIO