UNFAIR LABOR PRACTICFS CI AIMPn
Judge Recommends
NLRB Order Local
Co-op To Rehire
Fired Union Activist
BY SUSAN USHER
Contending thai the utility has engaged in unfair labor
practiecs, an administrative law judge is recommending
that the National Labor Relations Board order
Brunswick Clcctfic Mcmbci ship Cuip. to "cease and de
sist" such activities and to offer reinstatement, back pay
and other lost benefits to a fired union activist.
Judge Robert G. Romano's order direcLs BEMC to of
fer George Douglas "Doug" Smith his old job or its
equivalent; to clear his personnel record of a four-day
suspension: and to compensate him for lost wages and
benefits.
Smith was hired in February 1988 as a heavy equip
ment groundman on a right-of-way crew. He was sus
pended for four days on March 5, 1990, after a Feb. 28
incident, and then dismissed May 10, 1990.
He has since served on active duty in the military; if
lie is still in service, BEMC is to offer him employment
when his stint ends, the judge recommended.
Judge Romano found that Smith had received satis
factory performance evaluations until after he became
activc in the union, and that the co-op acted discnmina
torily in his suspension and later dismissal.
Smith was actively involved in efforts to organize
workers at BEMC and was later one of the union's repre
sentatives m prolonged contract bargaining negotiations.
The judge's findings and affirmative action order has
been transferred to the National Labor Relations Board
in Washington, D.C., for review.
Parties to the complaints, which include BEMC and
Local No. 495 of the International Brotherhood of
Electrical Workers (1BEW), AFL-CIO, have until
March 26 to file exceptions to the record of the hearing
on which Romano's findings arc based. They can also
file briefs and request oral arguments before the board.
Romano's findings, conclusions of law and rccom
mended order will be adopted by the board if no excep
tions are filed by the deadline. Decisions of the board
can be appealed through the courts.
Once exceptions and related briefs are received, lite
national board can rule on liic basis of the submitted
record, open the case to oral arguments, or reopen
record and receive further evidence, or otherwise dis
pose of the case.
Also, a new hearing could be requested on the basis
of error at the prior hearing.
Tiic initial hearing was held before Romano in
Wilmington on June 12, 13 and 15, 1990, and addressed
complaints filed by the union regarding incidents that al
legedly occurred between July 1989 and May 1990.
BEMC General Manager David C. Batten said he
planned to meet with the cooperative's board of direc
tors and labor attorney this week to review the judge's
decision and decide the next course of action. The
board's labor attorney is Britton Smith Jr. of Smith, Ruff
& Combs of Charlotte.
"The board will make that decision," he said. "Then
we'll have a response on it."
Following a Sept. 27, 1989, vote to organize the local,
bargaining between Local No. 495 and BEMC began
Nov. 27, 1989. The parties have yet to reach a contract.
Asserting that an impasse had been reached in negoti
ations, BEMC has implemented its last offer over union
objections that an impasse had not been reached. That
question and others alleged labor law violations relating
to the unit as bargaining agent and contract negotiations
will be the subject of another administrative law hearing
scheduled May 5 in Wilmington by Region 11 of the
NLRB, said Eugene Ruff of Supply, international repre
sentative ot the IBbW.
In additional remedy of the violations addressed by
his order, Romano directs that BEMC should rescind as
signmcnt of "unit" work ? work that should be done on
ly by union-eligible employees, to non-unit positions,
and stop making such assignments.
On request, he said BEMC should bargain with the
union regarding the positions, if an understanding is
reached on terms and conditions of employment, it
should be reflected in a signed agreement.
In that directive, Romano identified the local as the
sole bargaining agent for about 58 BEMC employees, of
whom 42 were members at the time of the hearing or tri
al.
Romano determined that BEMC had unlawfully acted
without negotiating with the union when it designated
two employees holding unit positions to newly created
supervisory/management posts and continued to assign
them work Romano agreed with the union was to be
done only by union-eligible employees.
BEMC, on March 15, 1990, reassigned the drafting
and mapping coordinator and load management coordi
nator to the new jobs of engineering assistant supervisor
and load management coordinator respectively.
The local's potential membership consists of trade
and craft employees including right-of-way operators;
groundmcn; apprentice, first class and 2nd class line
men; heavy equipment operators; clcctrical technicians;
warehousemen and their assistants; scrviccmcn; lighting
technicians; building and grounds technicians; load
management coordinator; coordinator of services; draft
ing and mapping coordinator, staking engineers and ju
nior staking engineers; junior service representatives;
and dispatchers.
'Cease And Desist'
Romano's rccosTi fiicnucci order also uueeb uitu BE
MC and its agents "cease and desist" actions, comments
or behavior detailed below that allegedly occurred in
specific past instances that involved different managers
or supervisors:
?Threatening employees with unspecified reprisals for
engaging in union activity;
SOra!!y maintaining a rule or practice that discriminato
rily prohibits only talk about the union;
?Coercively interrogating any employee about their
union activities, interests or sympathies, or those of their
fellow employees;
?Creating the impression of surveillance of its employ
ccs activities;
?Urging employees to report overly broad, subjectively
perceived "Union pressures" not involving union
threats;
?Unlawfully encouraging its employees to identify oth
er employees who support the union;
?Coercing and harassing Smith or any other employee
in regard to union activities, or telling employees that
continued collective bargaining on the subject of wages
is futile.
?In any like or related manner interfering with, restrain
ing or coercing employees in the exercise of rights guar
anteed them under labor law, including the rights to par
ticipate in a union or not, and to bargain collectively.
One incident addressed was a July 11, 1989, letter
from Ratten that asked employees to report not only
union threats, but "Union pressures" so that they could
be stopped.
Judge Romano said the letter could be interpreted by
some employees to be broad enough to cover persistent,
but lawful attempts by Union supporters to persuade
employees to sign union cards during their nonworking
time and when off REMC premises. It could discourage
ui icsuaiii uicir involvement in legal union activity
"through fear the employee Union proponent's conduct
would be reported to management".
Jury Awards Harassment Victim $176,960
BY TERRY POPK
A woman who said her former employer sexu
ally attacked her while on the job in 1988 was
awarded SI 76,960 by a Brunswick County
Superior Court jury last week.
ITie amount may be the second-largest ever in
the state for the type of conduct involved, said
Shallotte attorney James Payne, who predicted
the case may open up the courtroom door for oth
er sexual harassment victims.
Gail Bowen Watkins of Wilmington filed suit
in April 1989 against her former boss. General
Ranson Ennis 111, president of G.R. Ennis and
Sons Foundry Inc. of Leland. She claimed Ennis
sexually attacked her, fondled her and held her
against her will inside his office.
Following two weeks of testimony hist
Thursday, March 5, the jury found that Ennis
should pay for assault and battery against Ms.
Watkins, for recklessly causing her severe emo
tional distress and for falsely imprisoning her.
Jurors unanimously awarded Ms. Watkins
S14 1,960 for personal injuries and S35.000 in
punitive damages.
Ennis' attorney, ftoy Trcst of Shallotte, told
the court that he will appeal the decision to the
N.C. Court of Appeals. The deadline to file an
appeal is March 1 5.
Payne, who represented Ms. Watkins, said the
SI 46,960 award was for emotional anguish and
medical expenses. She released a statement after
the verdict, saying that she "first wanted to give
the glory to the Lord and to thank the jury for its
fair and honest hard work."
The case is significant, said Payne, because it
proves that with the help of a "power higher than
any human, victims of heinous conduct can get
justice."
According to the complaint filed in Brunswick
County Superior Court on April 27, 1989, Ms.
Watkins worked as Ennis' personal secretary
from Oct. 15, 1987, to May 2, 1988.
On April 29, 1988, while in Ennis' office, the
defendant grabbed her from behind and pulled
her to him, the complaint stales. It accused Ennis
of rubbing his body against Ms. Watkins "in a
lewd, offensive and sexually-suggestive man
ner."
Ennis was also accused of putting his hands
down the defendant's clothing, of fondling her
and of trying to force her to have sex, which she
did not consent to and found offensive, it states.
When she attempted to break away, Ennis
grabbed at Ms. Watkins' breasts, "preventing her
from leaving and drug her back into his office,"
the complaint alleged. He then continued his of
fensive touching and fondling until a co-employ
ce entered an outer office and Ennis abruptly let
go, it stated.
Ms. Watkins then ran out of the office, the
complaint continued. Afterward, she suffered
from extreme emotional distress, mental anguish
and humiliation. She "has lived and continues to
live in a state of extreme anxiety," it claimed.
According to the document, the incident took
away her "personal dignity and has affected her
self-confidence," causing her to suffer from in
somnia, nightmares and spells of anxiety that
forced her to seek therapy and counseling.
Ms. Watkins claimed she did not provoke, en
courage or yield to the defendant's conduct.
The complaint claimed she was deprived of
her liberty and forced to slay at the office where
she did not want to be.
"In fact, she discouraged and fought defendant
in every way reasonably possible," it stated.
In his answer to the lawsuit, Ennis denied
making sexual advances toward Ms. Watkins and
asked that the case be dismissed.
The lawsuit asked for at least S75.57 for com
pensatory damages, at least SI 0,000 for mental
anguish and at least S 10,000 for punitive dam
ages. ?
T he jury returned iast 1 nursuay with its ver
dict, finding Ennis guilty of assault and battery,
of causing severe emotional distress and of false
ly imprisoning her and awarded her S14 1 ,960.
Jurors also found Ms. Watkins was due puni
tive damages and deliberated again before relum
ing with the additional S35.000 award.
Man In Seaside Shootout Gets 3-Years
A Calabash man charged with
shooting another man in the ami at a
Seaside office last year was sen
tenced to three years in prison
Monday in Brunswick County
Superior Court following a plea bar
gain agreement.
Julian Herschel Allen, of Valley
Road, was charged with the Feb. 19,
1991, shooting that left him and an
other man injured at the T&T
Development Co. office at Seaside
Plaza.
William Forrest Taylor Jr. was
shot in the aim during the shoowut
Allen was also accused of firing
shots at two other persons in the
building ? William Forrest Taylor
Sr. and Wayne Taylor, who were
not injured.
Allen pleaded guilty Monday to
one count of assault with a deadly
weapon with intent to kill inflicting
serious injury and one count of as
sault with a deadly weapon with in
tent to kill.
Superior Court Judge Joe
Freeman Britt sentenced Allen to
three years in prison on the assault
charge and to three years in prison
on the assault with injury charge,
but suspended that portion of the
sentence. He was also placed on
three years' supervised probation.
Judge Britt also ordered that
Allen pay Taylor Jr. 51,200 in med
ical bills and SI, 200 for lost wages.
But Taylor's wife, Pam Taylor,
said Tuesday it was "another case or
the victim losing in court."
She said the plea agreement
reached between defense attorneys
and the District Attorney's office
Tuesday wasn't the one that the vic
tim's family had agreed to on
Monday.
She claims her attorney, David
Ford of Long Beach, had reached an
,
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agreement Monday to obtain "just
compensation" for Taylor's injuries
that would also dismiss a civil suit
the Taylors have filed against Allen,
which is now pending in District
Court.
In exchange, the Taylors had
agreed to a probationary term in
stead of an active sentence, said Ms.
Taylor. The District Attorney's of
fice Tuesday rejected the probation
ary sentence in exchange for an ac
tive prison term.
Taylor Jr. suffers from 15 percent
disability as a result of the shooting,
she said.
"I cannot believe they did this,"
said Ms. Taylor. "They used what
was bargained for on Monday and
used that against it today. It's just
another ease of the victim always
losing."
The family had sought a settle
ment of around 535,000 in exchange
for the guilty pleas, she said.
District Attorney Rex Gore could
not be reached for comment on the
case Tuesday afternoon.
Uniformed Patrol Begins
At North Brunswick High
(Continued f rom Page 1-A)
The campus will be one of the
few sites where off-duty officers
will work alone, he said.
"I've not been putting an officer
in a position like that by themselves;
officers need somebody to back
them up," he said.
While there have been no report
ed shooting incidents on Brunswick
County campuses during school
hours, Marlow noted that "there are
places all around us where kids arc
discharging weapons" in schools.
The North Brunswick campus
was quiet during two days of recent
surveillance. Sheriff John C. Davis
said, and he's not certain how bad
the problem is on the campus.
However, he said it would be
practical for an officer to be on cam
pus until after school lets out and the
grounds are clear.
Superintendent P.R. Hankins said
at a recent school board meeting he
also has not noticed any incidents on
campus during stepped-up visits by
him and other system administra
tors.
However, Principal Robert Harris
has asked the school system to ase
North Brunswick as a pilot for a
full-time, on-site law enforcement
officer as the No 1. item on his
"want list" for the school.
An officer is needed for the safety
and security of students, controi of
parking lots and unwanted visitors
to school property, control of off
limits areas during lunch periods.
and possibly as a liaison between the
school and the court system in some
instances.
At a recent school board meeting,
several parents voiced concerns
about students and others bringing
weapons and drugs on campus, stu
dents being threatened and/or beaten
on campus, and students leaving
campus during school hours to pa
tronize nearby businesses.
The county school board plans to
continue exploring possible use of
on-campus patrol officers on middle
and high school campuses as it pre
pares the schools' proposed 1992-93
budget for presentation to county
commissioners.
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Temperatures Drop To Normal
After Springlike Warm Days
After several weeks of above-av
erage temperatures, temperatures
may feel noticeably colder to area
residents over the next few days.
The outlook calls for near-normal
temperatures, with rainfall slightly
above normal, Shallotte Point mete
orologist Jackson Canady said
Tuesday. "It will eolder, but still not
too bad for this time of year.
"It's a reminder that there's still a
taste of winter left," he continued,
noting the area is three to four
weeks from the average frost-free
date watched by gardeners.
During the next few days he ex
pects temperatures to range from an
average in the 40s at night to around
60 degrees during the daytime, with
about three-quarters of an inch of
rainfall.
That forecast contrasts sharply
with recent almost summer-like
weather conditions.
For the period of March 3 through
9, lor example, Canady recorded a
maximum high temperature of 89
degrees March 8.
The nightly low of 44 degrees oc
curred March 3.
For the period, the daiiy average
high was 76 degrees and the nightly
average low 52 degrees, for an aver
age daily temperature of 64 degrees.
'That's about 13 degrees above av
erage for this time of year," said
Canady.
Last week was not only warmer
than usual, it was also much wetter.
Canady recorded 5.51 inches of
rainfall during the period.
Of that, 4.75 inches fell during a
series of thunderstorms Friday.
"It was very unusual," said Can
ady. "When you get that much rain
? most of which fell in about a three
hour period or so ? that's a very
heavy rainfall for any place."
What seemed like a single thun
derstorm was most likely a scries of
storms that developed and came
through the area one after another,
he said.
Democrats Are Questioned
(Continued From Page 1-A)
were purchased in April 1991, said
Ms. Graves.
She said Democrats can contin
ue to use the 100-amp temporary
power source and a rented portable
toilet to comply with the law and
health codes during functions.
"We're not hurting," added Han.
"If we screw up there, they'd let us
know."
According to Lead Electrical
Inspector Don Brantley, state codes
are flexible about the use of tempo
rary power supplies. Temporary ser
vice is for the construction of the
building and for testing the electrical
system, he said.
"Where do you step in and say
no?" asked Brantley.
Building codes allow the use of
portions of the permanent wiring
system to facilitate construction and
is limited "to those instances in
which the use of same is deemed to
be of reasonable necessity," it states.
Some functions at the headquar
ters can be interpreted as gatherings
to discuss completion of the build
ing, which would uc allowed.
State codes also allow the use of
heat and air systems before final oc
cupancy to "maintain environmental
conditions necessary to facilitate the
installation of environmentally sen
sitive materials," such as floor tiles,
paneling and other interior items.
THE BRUNSWIOr&fEACON
Established Nov. 1, 1962
Telephone 754-6890
Published Every Thursday
At 4709 Main Street
Shallotte, N.C. 28459
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"I can't sit there and look at it
and say, 'Hey, you're wrong,'" said
Brantley.
"At the time, how can you tell if
he's wrong?" he added. "You've got
to take his word. If the man says
we're discussing ways to complete
this building, then I've got to be
lieve the man."
Use of the building has been
limited, said Hart. The Democrats
did hold its 1991 county convention
in the building last April and other
occasional functions there to meet
visiting candidates and to watch lo
cal election returns.
"We're not having dances or
things like that and staying there all
night," said Hart "We're satisfied
that we're all right."
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