Sycon Corporation,

National Labor Relations Board - Board Decisions

Sep 30, 1981

258 N.L.R.B. 1159 (N.L.R.B. 1981)

StCO()N C()RPt()RAII()N
Sycon Corporation and Harley James. Case 8-CA-
1370)1
September 30. 1981
DECISION AND ORDER
B5 MMNI.RS FNNIN(. JNKINS. AND)
ZIMNIIRMN1 N
On June 4, 1981, Administrative Lavw Judge
George Norman issued the attached Decision in
this proceeding. Thereafter. Respondent filed ex-
ceptions and the General Counsel filed an answer-
ing brief.
Pursuant to the provisions of Section 3(b) of the
National l abor 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 brief
and has decided to affirm the rulings, findings' and
conclusions of the Administrative Law Judge' and
to adopt his recommended Order.
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 and
hereby orders that the Respondent. Sycon Corpo-
ration, Marion, Ohio, its officers, agents, succes-
sors, and assigns, shall take the action set forth in
the said recommended Order.
' \'e hcreh co rrcl the tollt.in ig inadscrticl Crror t ith Ndillilillr,-
ti lt' I ,I as Judge %.hich rc i 'fiienllI to affe I OU ,lec.ision lI h' ( c-
tlohr 5 ICcelllg hmclec the tl nion'l alld ReKsponI cinl' repreCsillllll s
took p];c.- ill 197
(
. rIot 1981). and Union Rcprescnlliali c )U;ItC Ran-
dolph. I ace! I)cl. Joyce Fralc. (icorge Rob hrts. and ('arl iltlTmerman
s crc prsrcet
Member l-anling des not relk on ifirarrld I (. np rl'. I. . 14
NI RH 181 119h21, where he disseiltd. but agr ees, I lhat illlun. I ilegal
acion1 agailst an cuilrplo c Auld iOI he dfl-c I 111 t c plol ' II
legal cti oll agaliisi the mnphl ¢cc
DECISION
S' \ I IMINI ot: lII C Si
GIOR(il NORMAN. Administrative Law Judge: This
case was heard before me in Marion. Ohio. on Novem-
her 20, 1980. It is based on the complaint issued b the
Regional Director for Region 8 of the Nalional Labor
Relations Board on May 15. 1980. The complaii alleges
that Respondent. Sycon Corporation, \iolated Section
8(a)(I) and (3) of the National Labor Relations Act. as
amended (herein the Act). when. on O()clober 8 1979. it
conditioned the reinstatement of Harley James to his enim-
ployment herein on his signing an agreement not to serve
as chairman or conmnlitteeman of the local union at Re-
spondent's plant.
Respondent denied the allegations off Ihe complaint.
258 NLRB No. 154
All parties were given full ppotrlutx to participate.ll
to itroduce relevalnt e\idence. to c\alllll ad cro .- x-
amine \ initesses, and to argtue rrall 'ihe (entral ('otn-
se and Respondent filed hrlclk
Upon the etire record. clilg im\ clsidcralion of
the briefs and careful obsrh'ls\;ait,,n o the. \ IItiesss and;
their demeanor. I make the kfllo ttg:
FINI)IN(.S (II F\( I
. IHI itINI SlS ii1 RI SPI'NI) \ I
Respolndent S co1n Corporation is ;iii (thio Co'rprlliltlt
xwithl a place of business Ill Mlaloi. ( )io, \1 helC i t I csl-
gaged in the manufacture of poc er steerilg unit> for the
automotive industry. Ainually. Respondent. in the
course arid condluct of its husiness opelatioll, shllips
goods aluled ill excess ot'f S50,().(K ront ts l,icilil at
Marion, Ohio. direclt to points loctLed outside the State
of ()lio. Respondenl is a eploer egaged in colrn-
nlerce alld in in idustlr! affect'llnig coinlrlltrce ithlil the
meaning of Seetion 2(h) and (7) of the Act.
II. li Il I AOR ()R( \N/ \ ION
local No. 1281, International Association of Machinl-
ists and Aerospace Worker. AFI ('I(). hereiti called
the Ultion. is a labor organization itihin the meaninig of
Section 2(5) of the Act.
1l. IlI 1 I I (i l) N1 XIR I tIOR PR (' 1('1 S
Harley Jamnes has been eployed bh Respondent a;s a
machiiisl for approximateli 7 ears. He is a member of
the Union. The lnrtioll has a collective-hargaininlg coln-
tract with Respondent and is the representaltive of the
employees ill a I unit hich includes employee James. At
material liit, lcci , Jamles has served as a inion cO ll-
mitteenlan and a;s chairman of the commilttee. Il tlhose
positions, he serves as a representative of the Unionll aid
handles grie anrles of his ello\y employees. among ohier
functions. James was fired on October 5. 1979. and a
grievance concerning his terminlalion was filed shorl
afterwards. His termination. and the reasons therefor are
not at issue in this proceeding.
Prior to the filing of the grievance concernling James'
termination a meeting took place on October 5. 1980.X( at
vwhich Janmes' discharge was discussed. Present at that
meeting ere Uion Represeniatises Duane Randolph.
Josce Frale . (icorge Roberts. and Carl Zimmerian.
Representing Respondent ssere Janet L. Black. plaint per-
sonriel manager. and Preston Havenrt. works manager. II
is undispultd that at tlal meeting lHaels ad Black con-
ditioned the reinistatemeint of emploee Jamires to his
fornler position from \\hich Ihe had heell dischilargcd
upon his srgniiig an agreemlient that he not ser\'e as chair-
mail or comnitteemanl of the Unionl for the duration of
tihe ne\t to colleclti e-bargaining contrtiacls.
()1t ()clobhr , 17'1. 1s o nltembers of te uioni conl-
mittee prescnlted Janles . ith a copy of a prl'oposed agree-
llett Co,,tai;lllg the terms for reitsltateiiil as detiitiIld
h la\ ers anid Black. Thle proposCd ag reellllt int\ itldCd
in erlirernl parl as It'ollosss:
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Let it be understood that in order for Harley James
to continue his present employment with Sycon
Corporation the conditions listed below will be fol-
lowed by Mr. James.
3. He will not serve as a chairman or committeeman
of the local union of Sycon Corporation located at
959 Cheney Avenue, Marion, Ohio for the duration
of the present agreement and continue through the
duration of the agreement beginning July 31, 1981.
James testified that the union committee members told
him that, although they were not supporting the agree-
ment, he would have to sign it if he wanted to be rehired
immediately. James attended a meeting on October 8.
with all of those who were present at the October 5
meeting. At that meeting, Black presented James with
the agreement quoted in part, above, and told him to
sign it if he wished to return to work. James testified as
follows: "I said-how about me resigning on my own
accord, and I will not serve on the committee no more,"
and Mrs. Black said, "No, the only way that you can
get-come back to work at the Sycon Corporation, and
hold your job, is to sign that agreement." James reluc-
tantly signed the agreement along with Black and
Havens for management and others as union representa-
tives. James was thereafter reinstated to his former posi-
tion of employment but not as a chairman or committee-
man.
The testimony of Plant Personnel Manager Black con-
firms that the immediate reinstatement of James was con-
ditioned on his signing of the agreement. She testified
that if James had not signed the agreement his alternative
would have been to go through the grievance procedure
and that the grievance would not have been resolved if
James had not signed the agreement.
After James' reinstatement on October 8, he no longer
served as chairman of the union committee or as a com-
mitteeman. Thus, James was deprived of his right to par-
ticipate in the filing of grievances or otherwise acting as
a union representative in processing complaints of his
fellow employees.
Discussions and Conclusions
I find as alleged in the complaint that Respondent
through its representatives, Havens and Black, condition-
ed reinstatement of James to his former position from
which he had been discharged upon his agreement that
he not serve as chairman or committeeman of the Union
for the duration of the next two collective-bargaining
contracts. By that conduct Respondent interfered with,
restrained, and coerced, and is interfering with, restrain-
ing, and coercing, its employees in the exercise of the
rights guaranteed them under Section 7 of the Act and
thereby has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(1) of the
Act. In addition, Respondent discriminated and is dis-
criminating in regard to hire or tenure or terms or condi-
tions of employment of its employees, thereby discourag-
ing membership in the Union. Respondent therefore en-
gaged in and is engaging in unfair labor practices within
the meaning of Section 8(a)(3) of the Act. The rights of
employees and their union to be represented by persons
of their own choice "cannot be diluted in the absence of
compelling evidence of legitimate considerations" Dravo
Corporation, 228 NLRB 872, 874 (1977). No such com-
pelling evidence or legitimate considerations are present
in this case. There is no evidence in the record that
James in any way abused his privileges of acting as com-
mittee chairman or committeeman in presenting griev-
ances or other matters on behalf of his fellow employees.
Associated Truck Lines, Inc., 239 NLRB 917 (1978); Gen-
eral Motors Corporation, Packard Electric Division, 232
NLRB 335 (1977).
Respondent contends that the Union either collaborat-
ed with Respondent or initiated the agreement restricting
the union activities of James. To the extent that there is a
conflict of testimony, I credit James who testified, in a
consistent, unhesitating, and straightforward manner, that
the Union reluctantly presented the agreement to him in
order that he be rehired immediately and not that they
were in favor of deposing him from the position of chair-
man of the committee or committeeman.
Even assuming that the Union collaborated with Re-
spondent and indeed helped prepare the agreement
signed by James, Respondent would still have violated
that employee's Section 7 rights. Moreover, if an em-
ployer participates in a union's arbitrary action against an
employee, the employer himself violates Section 8(a)(1)
and (3) of the Act. Miranda Fuel Company, 140 NLRB
181 (1962). The Board has held that if an employer ac-
cedes to a union's unlawful demands, although unwill-
ingly, the employer discriminates against the affected
employees in violation of Section 8(a)(1) and (3) of the
Act. International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, AFL-CIO
and Amalgamated Local 453 (Maremont Corporation), 149
NLRB 482 (1964).
CONCUSIONS OF LAW
1. Respondent is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
2. The Union is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. By conditioning the reinstatement of Harley James,
an employee, to his former position from which he had
been discharged upon his agreement that he not serve as
chairman or committeeman of the Union for the duration
of the next two contracts, Respondent has violated, and
is violating, Section 8(a)(1) and (3) of the Act.
4. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
TH R MI)Y
Having found that Respondent has committed viola-
tions of Section 8(a)(1) and (3) of the Act, I shall recom-
mend that it be required to cease and desist therefrom
and take certain affirmative action designed to effectuate
the policies of the act.
16(
SYCON CORPORATION
Having found that Respondent discriminatorily condi-
tioned the reinstatement of Harley James to his former
position from which he had been discharged upon his
agreement that he not serve as chairman or committee-
man of the Union for the duration of the next two con-
tracts, I shall recommend, for the reasons heretofore dis-
cussed, that Respondent be ordered to cease giving effect
to, and expunge from its records all references to, the
agreement signed by Harley James which conditioned
his reinstatement to his former position from which he
had been discharged upon his agreement that he not
serve as chairman or committeeman of the Union for the
duration of the next two contracts. I shall also recom-
mend that Respondent post the usual notices.
Upon the foregoing findings of fact, conclusions of
law, and upon the entire record, and pursuant to Section
10(c) of the Act, I hereby issue the following recom-
mended:
ORDER
The Respondent, Sycon Corporation, Marion, Ohio,
its officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Conditioning the reinstatement of Harley James or
any other employee on his or her agreement that he or
she not serve as chairman or committeeman of the Union
for the duration of any collective-bargaining agreements.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which is nec-
essary to effectuate the policies of the Act:
(a) Expunge from its records all references to the
agreement signed by Harley James which conditioned
his reinstatement to his former position from which he
had been discharged upon his agreement that he not
serve as chairman or committeeman of the Union for the
duration of the next two contracts.
(b) Post at its Marion, Ohio, plant copies of the at-
tached notice marked "Appendix." 2 Copies of said
In the event no exceptions are filed as provided by Sec. 102.46 of the
Rules and Regulations of the National Labor Relations Hoard. the find-
ings, conclusions, and recommended Order herein shall, as provided in
Sec. 102.48 of the Rules and Regulations. he adopted hb the Board and
become its findings. conclusions, and Order, and all objections thereto
shall be deemed waived for all purposes.
I In the event that this Order i enforced by a Judgm nl of a United
States Court of Appeals, the words in the notice reading "Posted bh
Order of the National Labor Relations Board" shall read "lo',led 'Puru-
notice, on forms provided by the Regional Director for
Region 8, after being duly signed by Respondent's au-
thorized representative, shall be posted by Respondent
immediately upon receipt thereof, and be maintained by
it for 60 consecutive days thereafter. in conspicuous
places, including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not altered,
defaced, or covered by any other material.
(c) Notify the Regional Director for Region 8. in writ-
ing, within 20 days from the date of this Order, what
steps Respondent has taken to comply herewith.
ant to a Judgment of the Unicted Slates Court of Appeals Enforcing an
Order of the National Labor Relations HBoard
APPENDIX
NOTICE To EMPI OYEES
POSTED BY ORDER OF THE
NATIONAL LABOR REI.ATIONS BOARI
An Agency of the United States Government
After a hearing at which all sides had an opportunity to
present evidence and state their positions, the National
Labor Relations Board has found that we violated the
National Labor Relations Act, as amended, and has or-
dered us to post this notice and to carry out its provi-
sions.
WE W.. NOT condition the reinstatement of
Harley James or any other employee to his or her
former position from which he or she has been dis-
charged upon his or her agreement that he or she
not serve as chairman or committeeman of the
Union for the duration of the next two contracts.
Wt: will I NOT in any like or related manner in-
terfere with, restrain, or coerce employees in the
exercise of the rights guaranteed them in Section 7
of the Act, including the right to bargain collective-
ly through representatives of their own choosing.
Wi: will. expunge from our record all references
to the agreement signed by Harley James which
condition his reinstatement to his former position
from which he had been discharged upon his agree-
ment that he not serve as chairman or committee-
man of the Union for the duration of the next two
contracts.
SYCON CORPORATION
1161