Teamster Local 15 (Quaker Rubber)

National Labor Relations Board - Board Decisions

Oct 31, 1986

282 N.L.R.B. 61 (N.L.R.B. 1986)

TEAMSTERS LOCAL 15 (QUAKER RUBBER) 61
Teamsters Local 115 , a/w International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America and Quaker Rubber Com-
pany. Cases 4-CB-5076, 4-CB-5103, and 4-
CB-5103-2
31 October 1986
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND STEPHENS
On 14 July 1986 Teamsters, Local 115, a/w
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers, of America (the
Respondent) and the General Counsel of the Na-
tional Labor Relations Board entered into a settle-
ment stipulation, subject to the Board's approval,
providing for the entry of a consent order by the
Board and a consent judgment by any appropriate
United States court of appeals. The parties waived
all further and other procedure before the Board to
which they may be entitled 'under the National
Labor Relations Act and the Board's Rules and
Regulations, and the Respondent waived its right
to contest the entry of a consent judgment or to re-
ceive further notice of the application therefor.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The settlement stipulation is approved and made
a part of the record, and the proceeding is trans-
ferred to and continued before the Board in Wash-
ington, D.C., for the entry of a Decision and Order
pursuant to the provisions of the settlement stipula-
tion.1
In approving, this stipulation, we note that this
settlement was entered into prior, to a hearing on
the complaint. Thus, this case is unlike both Team-
sters Local, 115 (Gross Metal), 275 NLRB 1547
(1985), enfd. in unpublished opinion (3d Cir. June
22, 1986), in which the Board, in agreement with
the administrative law judge, declined to approve a
settlement that was based on an "11th.hour settle-
ment offer" made after 'the judge had heard evi-
dence of violations that was "clear, overwhelming,
and unrebutted," and Teamsters Local 115 (Oak-
wood Chair), 277 NLRB 694 (1985), in which a
broad order was given as a remedy for violations
found pursuant to a hearing. In the present case,
nothing has been proven. In exchange for the
narrow order and nonadmission clause, the General
Counsel has obtained a remedial order covering all
of the alleged violations, while being spared the ex-
' The Charging Party has not signed the stipulation, but was given
notice according to Sec 101.9(c)(1) and (2) of the Board's Statements of
Procedure, and has submitted no objection to the settlement.
pense and uncertainties of litigation. We further
note that, since the Board has recently obtained
court enforcement of the broad order against this
Respondent in Gross Metal, supra, the inclusion of
a broad order here would add nothing to the
power the Board already, possesses to seek con-
tempt sanctions against the Respondent for any
future violations.2 In short, disapproving the settle-
ment would compel an unnecessary expenditure of
limited resources-the time and money to hold a
hearing that no party wishes to participate in and
that would not produce any cease-and-desist sanc-
tions greater than those now existing against the
Respondent.
On the basis of the settlement stipulation and the
entire record, the Board makes the following ,
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Quaker Rubber Company is, and has been at all
times material herein, a Pennsylvania corporation
engaged in the manufacture of escalator handrails
with a facility in Philadelphia, Pennsylvania (the
Philadelphia facility).
During the past year, in the course and conduct
of its business operations described above, Quaker
Rubber sold and shipped products valued in excess
of $50,000 directly to points outside the Common-
wealth of Pennsylvania.
The Respondent admits, and we find, that
Quaker Rubber is an employer engaged in com-
merce within the meaning of Section 2(2), (6), and
(7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Teamsters Local 115, a/w International, Brother-
hood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America is a labor organization within
the meaning of Section 2(5) of the Act.
ORDER
On the basis of the above findings of fact, the
settlement stipulation, and the entire record, and
pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board orders that:
The Respondent, Teamsters Local 115, a/w
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, its
officers, agents, and representatives, shall
2 Contrary to the assertion of our dissenting colleague, the General
Counsel did not await court, enforcement in Gross Metal "only to accept
a lesser settlement." Rather, the General Counsel conditioned apps oval of
the settlement containing a narrow order here on enforcement of the
broad order in Gross Metal
282 NLRB No. 8
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from
(a) Blocking the ingress and/or the egress of offi-
cials of Quaker Rubber, or automobiles driven by
the officials, in the presence of employees of
Quaker Rubber.
(b) Blocking the ingress and/or the egress of em-
ployees of Quaker Rubber, or automobiles driven
by the employees.
(c) Banging on automobiles driven by officials of
Quaker Rubber and attempting to enter the auto-
mobiles, in the presence of employees of Quaker
Rubber.
(d) Bumping employees of Quaker Rubber.
(e) Threatening to spit on employees of Quaker
Rubber Company and threatening employees of
Quaker Rubber with bodily harm to themselves or
other employees, with unspecified reprisals and
with property damage.
(f) Writing down the automobile license plate
numbers of automobiles driven by employees of
Quaker Rubber and following the employees to the
Philadelphia facility.
(g) Blocking the ingress and/or the egress of Na-
tional Freight trucks, and threatening the drivers of
National Freight trucks with unspecified reprisals
and property damage.
(h) Spitting, kicking, and/or throwing rocks at
automobiles occupied by employees of Quaker
Rubber.
(i) Threatening employees of Quaker Rubber that
Respondent would cause Quaker Rubber to dis-
charge the employees.
(j) Threatening employees of Quaker Rubber
with bombarding employees' houses.
(k) Soliciting employees of Quaker to engage in
fights.
(1) Spitting on officials of Quaker or spitting on
autombiles occupied by officials of Quaker Rubber,
in the presence of employees of Quaker Rubber.
(m) Converging on automobiles occupied by em-
ployees of Quaker Rubber, assaulting employees,
and damaging automobiles.
(n) Threatening officials of Quaker Rubber with
bodily harm, unspecified reprisals, and property
damage in the presence of employees of Quaker
Rubber.
(o) Jumping on National Freight trucks, banging
on the trucks, and attempting to enter the trucks.
(p) Following National Freight trucks and auto-
mobiles driven by officials and employees of
Quaker Rubber from the facility onto highways;
blocking the movement of the vehicles; weaving in
and out of traffic, cutting in front of the vehicles,
making sudden stops in front of the vehicles, and
attempting to force the vehicles out of lanes and/or
off the roadways, throwing rocks at the National
Freight trucks.
(q) Seizing and smashing cameras held by offi-
cials of Quaker Rubber, threatening to kill the offi-
cials , and blocking the officials from entering their
automobiles.
(r) Sideswiping automobiles driven by officials of
Quaker Rubber and threatening to have officials of
Quaker Rubber jailed, in the presence of employees
of Quaker Rubber.
(s) In any like or related manner restraining or
coercing employees of Quaker Rubber or employ-
ees of other employers doing business with Quaker
Rubber in the exercise of rights guaranteed by Sec-
tion 7 of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Post at its Philadelphia, Pennsylvania office
copies of the attached Notice to Employees and
Members. Copies of the Notice, on forms provided
by the Regional Director for Region 4, after being
duly signed by the Respondent's representative,
shall be posted by the Respondent immediately
upon receipt thereof, and be maintained by the Re-
spondent for 60 consecutive days thereafter, in
conspicuous places, including all placed where no-
tices to members are customarily posted. Reasona-
ble steps shall be taken by the Respondent to insure
that the Notices are not altered, defaced or cov-
ered by any other material.
(b) Mail to the Regional Director three signed
copies of the Notice for posting, if Quaker Rubber
Company is willing, in the plant of Quaker Rubber
Company at Philadelphia, Pennsylvania, in the
places where notices to employees are customarily
posted. Copies of the Notice, on forms provided by
the Regional Director for Region 4 after having
been signed by Respondent's representative, shall
be forthwith returned to the Regional Director for
such posting by Quaker Rubber Company.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply. For the
purpose of determining or securing compliance
with this Order, the Board, or any of its duly au-
thorized representatives, may obtain 'discovery
from Respondent, its officers, agents , successors, or
assigns, or any other person having knowledge
concerning any compliance matter, in the manner
provided by the Federal Rules of Civil Procedure.
Such discovery ' shall be conducted under the su-
pervision of the United States Court of Appeals en-
forcing this Order and may be had upon any
matter reasonably related to compliance with this
Order, as enforced by the court.
TEAMSTERS LOCAL 115 (QUAKER-RUBBER) 63
CHAIRMAN DOTSON, dissenting.
I dissent from my colleagues' approval of the
formal settlement stipulation recommended by the
General Counsel in this- case . The stipulation, while
imposing a cease-and-desist order on' the Respond-
ent from engaging in many serious acts of picket
line misconduct, orders the Respondent to cease
and desist from "in any like or related manner" re-
straining or coercing employees of Quaker Rubber
or employees of other employers doing business
with Quaker Rubber in the exercise of their pro-
tected Section 7 rights. In addition, the stipulation
contains a nonadmission clause whereby the Re-
spondent does not admit it violated the Act.
The inclusion in this stipulation of narrow in-
junctive language or of a nonadmission clause
cannot be tolerated. The Respondent has repeated-
ly engaged in serious acts of violence and other
picket line misconduct' and, in recognition of this
fact, the Board recently refused to accept a settle-
ment stipulation agreed upon by the General Coun-
sel and' the Respondent which contained a narrow
order and a nonadmission clause. Teamsters Local
115 (Gross Metal), 275 NLRB 1547 (1985), enfd. in
unpublished opinion (3d Cir. June 22, 1986). Simi-
larly, in another case involving further acts of
picket line misconduct by the Respondent, the
Board held that broad injunctive language was
warranted given the "backdrop" of other similar
unlawful conduct by the Respondent. Teamsters
Local 115 (Oakwood Chair), 277 NLRB 694 (1985).
The General Counsel in proposing the instant
settlement stipulation and my colleagues in approv-
ing it have chosen to ignore, if not flout, these
recent Board decisions. As in Gross Metal, accept-
ance of this settlement makes a mockery of law en-
forcement. Without either'a broad order or an ad-
mission by the Respondent that it has engaged in
the unlawful conduct alleged, the Board Order in
this case has little meaning and allows the Re-
spondent to walk away virtually unscathed from its
serious misconduct.2 Gross Metal, supra. See also
the dissenting opinion in Philadelphia Building
Trades Council (Wohlsen Construction), 279 NLRB
1242 (1986).
The reasons articulated by my colleagues for ac-
cepting the settlement stipulation are superficial.
First, they place primary importance on the proce-
1 Teamsters Local 115 (Lavino & Co.), 157 NLRB 1637 (1966); Team-
sters Local 175 (Continental- Wirt Electronics), 186 NLRB 516 (1970); Phila-
delphia Ambulance Service, 238 NLRB 1070 (1978) (a consolidated CA
and CB case in which Teamsters Local 115 was also a respondent);
Teamsters Local 115 (Carol Lines), Case 4-CB-4649 (judge's decision
dated Mar. 19, 1984, adopted by Board in absence of exceptions).
2 The complaint allegations in this case spread over three typed pages
and include , such serious acts as blocking the ingress and egress of vehi-
cles, threats of bodily harm and property damage, assaults, damage to
automobiles, and sideswiping an automoblie on an interstate highway
dural status of the 'case, a factor which should be
considered but not to the exclusion of all others.
According to my colleagues, because "nothing has
been proven," the narrow order and nonadmission
clause are justified to spare the General Counsel
"the expense, and uncertainties of litigation.'" My
colleagues do not explain,, however, how or why
the preheating status of this case could, or should
affect the remedy imposed by the Board, an aspect
of the case within its exclusive province.
Further, my colleagues fail to review this case in
the context in which it arose. Although totally ig-
noring the prior cases in which the Respondent has
been proven a violator of the Act, my colleagues
note that the Board possesses the power to seek
contempt sanctions against the Respondent by
virtue of the recent court enforcement of the
Board's Order in Gross Metal. My colleagues do
not note that, the General Counsel held up action
on this case until after court enforcement of Gross
Metal only to accept a lesser, settlement here. The
Board should view court enforcement of a Board
Order as a means to toughen its stance against a re-
spondent in future cases rather than as a justifica-
tion to impose weaker remedies.
By approving the inadequate settlement in this
case, my colleagues send a message to the Re-
spondent that they do not view as serious the Re-
spondent's continued picket line violence and other
serious misconduct. I cannot concur in such an in-
appropriate message . Accordingly, I dissent.
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.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representa-
tives of their own choice
To act together for other mutual aid or pro-
tection
To choose not to engage in any of these
protected concerted -activities.
WE WILL NOT do anything that interferes with
these rights.
WE WILL NOT block the ingress or egress of offi-
cials of Quaker Rubber Company, or automobiles
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
driven by the officials, in the presence of employ-
ees of Quaker Rubber Company, to or from the
Philadelphia facility.
WE WILL NOT block the ingress or egress of
Quaker Rubber Company employees; or automo-
biles driven by said employees, to or from the
Quaker Rubber Company's Philadelphia facility.
WE WILL NOT bang on automobiles driven by of-
ficials of Quaker Rubber Company, or attempt to
enter the automobiles, in the presence of employees
of Quaker Rubber Company.
WE WILL NOT bump employees of Quaker
Rubber Company.
WE WILL NOT threaten to spit on employees of
Quaker Rubber Company and threaten employees
of Quaker Rubber Company with bodily harm to
themselves or other employees, unspecified repris-
als or property damage.
WE WILL NOT write- down the automobile li-
cense plate number of automobiles driven by em-
ployees of Quaker Rubber or follow the employ-
ees.
WE WILL NOT block the ingress or egress of Na-
tional Freight trucks to or from the Philadelphia
facility, or threaten the drivers of National Freight
trucks with unspecified reprisals or property
damage.
WE ' WILL NOT Spit on, kick, or throw rocks at
automobiles occupied by employees of Quaker
Rubber Company.
WE WILL NOT threaten employees of Quaker
Rubber Company - that we will cause their dis-
charge.
WE WILL NOT threaten employees of Quaker
Rubber Company with bombarding their houses.
WE WILL NOT solicit employees of Quaker
Rubber Company to engage in fights.
WE WILL NOT spit on officials of Quaker Rubber
Company or spit on automobiles driven by the offi-
cials, in the presence of employees of Quaker
Rubber Company.
WE WILL NOT converge on automobiles occu-
pied by employees of Quaker Rubber Company, as-
sault these employees and damage automobiles.
WE WILL NOT threaten officials of Quaker
Rubber Company with bodily harm, unspecified re-
prisals, or property damage in the presence of em-
ployees of Quaker Rubber Company.
WE WILL NOT jump on National Freight trucks,
bang on windows of these trucks, or attempt to
enter these trucks.
WE WILL NOT follow National Freight trucks
and automobiles driven by officials and employees
of Quaker Rubber Company from the Philadelphia
facility onto highways; block the movement of
these vehicles, weave in and out of traffic, cutting
in front of these vehicles, make sudden stops in
front of these vehicles, and attempt to force these
vehicles out of lanes or off the roadways or throw
rocks at National Freight trucks.
WE WILL NOT seize and smash cameras held by
officials of Quaker Rubber Company, or threaten
to kill such officials, or block officials from enter-
ing their automobiles.
WE WILL NOT sideswipe automobiles driven by
officials of Quaker Rubber Company or threaten to
have officials of Quaker Rubber Company jailed, in
the presence of employees.
WE WILL NOT in any like or related manner re-
strain or coerce employees of Quaker Rubber
Company or employees of other employers doing
business with Quaker Rubber Company in the exer-
cise of the rights guaranteed in Section 7 of the
National Labor Relations Act.
TEAMSTERS LOCAL 115, A/W INTER-
NATIONAL BROTHERHOOD OF TEAM-
STERS , CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA