Utility Workers Local 1-2 (Consolidated Edison), 1143 (1993)

Extract

---

Utility Workers Local 1-2 (Consolidated Edison), 1143 (1993)

Local 1-2, Utility Workers Union of America,

AFL-CIO (Consolidated Edison of New York) and Thomas Moran. Case 2-CB-13637

November 3, 1993

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH

On June 30, 1992, Administrative Law Judge Eleanor MacDonald issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel resubmitted its brief to the judge.

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions2 only to the extent consistent with this Decision and Order and to adopt the recommended Order as modified.

The judge found that the Respondent violated Section 8(b)(1)(A) of the Act when its business agent,

William Dory, threatened two union dissidents with physical violence. For the following reasons, we disagree with the judge, and instead dismiss this portion of the complaint.

The Respondent Union and the Employer have been parties to successive collective-bargaining agreements. In August 1990, new Union Local 1-2 officers were elected. This new administration consisted of John Walsh, president; John Goodman, business manager; and Phil Varicchio, assistant business manager.

Some union members who had been active with the former local administration formed a dissident group and published a newsletter called ''Members' Voices,'' which criticized the new administration. The dissidents also had asked to see some local books and records, and wanted some proposed bylaws that they had advanced to be read at a local meeting. When the Local refused to cooperate on these matters, the dissidents brought an action in district court. Pursuant to the district court judge's temporary restraining order, it was arranged for the dissident group to inspect the requested records at the local office on March 7, 1991,3

and for the dissident-supported bylaw proposals to be read at t...

See the full content of this document

---