N.L.R.B. v. International Ass'n of Bridge Structural and Ornamental Iron Workers, 88-4160
| Decision Date | 08 February 1989 |
| Docket Number | No. 88-4160,88-4160 |
| Citation | 864 F.2d 1225 |
| Parties | 130 L.R.R.M. (BNA) 2585, 57 USLW 2524, 111 Lab.Cas. P 11,007 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, Respondent. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Judith Dowd, Aileen A. Armstrong, Deputy Ass'n. Gen. Counsel, NLRB, Paul J. Spielberg, Washington, D.C., for petitioner.
Victor J. Van Bourg, Paul Supton, San Francisco, Cal., for respondent.
Michael Dunn, Director, Region 16, NLRB, Fort Worth, Tex., for other interested parties.
Application for Enforcement of an Order of the National Labor Relations Board.
Before REAVLEY, HIGGINBOTHAM, and SMITH, Circuit Judges.
In this case our task is a delicate one. We must carefully determine when and to what extent a union may discipline a member who has exercised his or her right of access to the National Labor Relations Board ("Board" or "NLRB") where the union claims that its actions are based entirely upon other legitimate factors. In making this determination, we must take care to preserve the narrow, but important and well-established, freedom of a union to regulate its purely internal affairs in a case in which we perceive an attempt by the Board to expand its jurisdiction and power despite limiting precedent.
Iron Workers Union Local 263 ("Local") is a signatory to a multi-employer/multi-union collective bargaining agreement between the North Texas Contractors' Association and the Iron Workers District Council of Texas ("District Council") (as representative for and on behalf of Local 263 and Local 481). The District Council, and not the Local, is the collective bargaining representative for local unions and their memberships. Negotiations on behalf of local unions are conducted by a representative of the District Council and the Business Managers of the respective local unions. Accordingly, the District Council is the authorized representative of the Local for collective bargaining purposes.
The collective bargaining agreement with the Contractors' Association was automatically extended on April 30, 1982, and was to run until April 30, 1984. However, because of unfavorable economic conditions in the construction industry, the Contractors' Association sought various changes to the existing agreement.
New collective bargaining negotiations ensued, resulting in a "Stipulation Agreement Under the Top Hand Program" (the "Stipulation") on December 10, 1982. The Stipulation modified the existing agreement in the employers' favor. James W. Stevens, the president of the Local, and much of its membership did not like the Stipulation 1 and desired to abrogate it. At a membership meeting on January 24, 1983, Stevens took an unofficial vote of the members, following prior discussions both at this meeting and beforehand, which vote revealed widespread disapproval of the Stipulation. However, no responsive action was formally authorized by the Local's membership or executive board. Nor was the question of filing of unfair labor practice charges by the Local put to a vote.
On December 14, 1982, purporting to act on behalf of the Local, and despite the lack of formal authorization, Stevens filed in the Local's name an unfair labor practice charge with the NLRB. That charge, which attacked the Stipulation, was withdrawn shortly thereafter. On March 10, 1983, Stevens filed another virtually identical complaint that was subsequently dismissed. The second charge, like the first, was filed in the Local's name, even though Stevens had no formal authorization.
During this period, Stevens became an owner, one of the two directors of, and a field supervisor for, the Joplin Erection Company. On September 13, 1982, this short-lived enterprise became the Campbell Construction Company ("Campbell Construction"), with Stevens retaining the same positions.
During 1983, acting in his supervisory capacity for Campbell Construction, Stevens wrote to various local union officials throughout the State of Texas, identifying himself as a "field superintendent" for the company, representing that he was interested in bidding some work in the various geographical areas, and questioning these officials as to whether the Stipulation would be applicable to such work. Stevens admits that Campbell Construction neither performed work nor bid on any specific job in those areas. 2
Some time during June 1983, the International Association of Bridge, Structural and Ornamental Iron Workers (the "International") decided to take action against Stevens for his conduct. He was suspended from the Local's presidency pending an investigation and, by letter dated June 29, 1983, was charged with acting beyond his authority but was informed that he was not being charged with the filing of unfair labor practice charges against the International.
James Martin investigated the charges for the International, specifically as to whether Stevens had the authority to file Board charges on behalf of the Local. Upon completing his investigation, Martin filed internal union charges against Stevens in a letter dated September 9, 1983. The charges were severalfold: Stevens was accused of filing unfair labor practice charges with the Board on behalf of the Local, "without any authorization from the Constitution of this International Association" and without the authorization of either the executive board or the membership of the Local. The charges again recited that the action was not being taken against Stevens for exercising his own access rights to the Board, but for filing in the Local's name. Stevens was also accused of fraudulently identifying himself as a superintendent of Campbell Construction. Vague references were made to the International's constitution and Stevens's oath of office.
A hearing was held on October 26, 1983, at which the charges were again read to Stevens, and the clarification reiterated that he was being tried for unauthorized conduct and fraudulent misrepresentation, and not because he had filed charges with the NLRB. At the hearing, Martin testified that he had inspected the Local's records, examining the minutes of the membership and executive board meetings, and had found that the subject of Stevens' filing unfair labor practice charges on behalf of the Local had not been brought before either body and had not been formally authorized. He also testified that Stevens had never been employed by Campbell Construction as the term "employment" is understood in the construction industry.
On January 23, 1984, the International's General Executive Board reviewed the record and recorded findings and conclusions in its minutes. 3 On January 25, 1984, Stevens was found guilty. He was consequently removed from office, fined $2,000 ($1,800 of which was suspended), and prohibited from either running for office, or attending any meetings of, any local union for four years. Stevens retained his Local membership and status as a statutory employee in the construction industry.
Stevens filed charges against the International with the Board, claiming that his prosecution and punishment violated the National Labor Relations Act ("NLRA" or "Act") Sec. 8(b)(1)(A)'s prohibition of union-imposed restraints on employees' section 7 rights to utilize Board procedures. Specifically, Stevens averred that he was punished for bringing the prior Board charges and that this would deter employee exercise of their access rights in the future.
The Administrative Law Judge ("ALJ") of the Board, after receiving and evaluating the evidence, issued a decision on June 8, 1984, concluding that the Union did not violate the Act. Stevens then filed exceptions with the Board, which did not issue its decision and order until December 13, 1985. That order, 277 N.L.R.B. No. 99, adopted the ALJ's findings of fact, but concluded that the International had violated section 8(b)(1)(A). Relying upon Charles S. Skura (Operating Engineers Local 138), 148 N.L.R.B. 79 (1964), the Board appeared to hold that even if the International had not, as alleged, disciplined Stevens because he filed charges with the Board, it nevertheless violated the statute, since its conduct restricted employees' access to the Board.
In so holding, the Board majority stated that a union may not "... even ... protect its legitimate institutional interests ...," if in so doing it limits access to the Board. The order also pronounced that it was of no significance that the International may have had lawful motives as well, since its conduct contravened the congressional policy of unimpeded access to the Board's proceedings because the filing of unfair labor practice charges a priori creates a protected "public interest" in the matter. Finally, the Board held that the conduct of the International was unlawful since it was reasonably likely to have a chilling effect upon employees by fostering the belief that they, too, might be disciplined if they sought access to the Board.
On June 24, 1985, while the matter was pending before the Board, the Local conducted its next regularly-scheduled election as required by its constitution, its by-laws, and statute, 29 U.S.C. Sec. 481(b). Because this election had already occurred by the time the Board issued its decision, the International filed a motion for reconsideration of the Board's proposed remedy ordering Stevens's reinstatement as president. The International requested that the record be reopened to adduce additional evidence and to provide the opportunity to brief the remedial issue. The International also filed an almost-concurrent petition for review in this court.
The Board considered the matter for another five months, and on May 13, 1986, issued its first supplemental decision and order, 279...
To continue reading
Request your trial
-
U.S. v. International Broth. of Teamsters, Chauffeurs, Warehousemen & Helpers of America
...on other grounds by Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977); NLRB v. Int'l Ass'n of Bridge, Structural & Ornamental Iron Workers, 864 F.2d 1225, 1230 (5th Cir.1989) ("In considering the record, we examine all of the evidence, not just that supporting the Board'......
-
Texas World Service Co., Inc. v. N.L.R.B.
... ... the National Labor Relations Board (Board or NLRB) of the finding by the Administrative Law Judge ... several airlines at San Francisco International Airport (SFO). World subcontracted the SFO work ... , Lim changed the hours of the night-shift workers. On December 1st, she instituted the terms and ... NLRB v. International Ass'n of Bridge, Structural and Ornamental Iron Workers, 864 F.2d ... ...
-
U.S. v. International Broth. of Teamsters
...from office for advocating and implementing changes in union structure and procedures); NLRB v. International Ass'n of Bridge, Structural & Ornamental Iron Workers, 864 F.2d 1225, 1227 (5th Cir.1989) (president of local chapter disqualified from holding office for filing, without authorizat......