Mohawk Valley and Vicinity District Council

522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, we direct that the questions concerning representation which have arisen among the employees of the Employer at its Chi- cago, Illinois, plant, be resolved by separate elections by secret ballot among the employees in the voting groups enumerated below : (1) All machinists, machine repairmen, die repairmen, scale re- pairmen, and their helpers, excluding supervisors and all other employees. (2) All pipefitters and helpers, excluding supervisors and all other employees. (3) All millwrights and helpers, excluding supervisors and all other employees. (4) All sheet metal workers and helpers, excluding supervisors and all other employees. If a majority of the employees vote for the IAM in voting groups (1), and for the Pipe Fitters in voting group (2), and for the IAM in voting groups (3) and (4), they will be taken to have indicated their desire to constitute separate bargaining units, and the Regional Director conducting the elections directed herein is instructed to issue a certification of representatives to the union concerned for such unit or units which the Board, under the circumstances, finds to be appro- priate for purposes of collective bargaining. In the event a majority of the employees vote for the DPO in voting groups (1), (2), (3), or (4), the Board finds the inclusion of such voting group or groups in the existing production and maintenance unit to be appropriate and the Regional Director will issue a certificate of results to such effect to the DPO in voting groups (1) and (2), and a certification of representatives to the DPO in voting groups (3) and (4). [The Board dismissed the petition in Case No. 13-RC-3679.] [Text of Direction of Election omitted from publication.] MOHAWK VALLEY AND VICINITY DISTRICT COUNCIL, UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA, AND LOCAL No. 1261, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AND IRVING J. GIBBS, BUSINESS AGENT and GLEN W. COOLEY. Case No. 3-CB-193. July 29,1954 Decision and Order On April 5, 1954, Trial Examiner C. W. Whittemore issued his In- termediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist there- from and take certain affirmative action, as set forth in the copy of 109 NLRB No. 84. MOHAWK VALLEY, ETC. 523 the Intermediate Report attached hereto. Thereafter, the Respond- ents filed exceptions to the Intermediate Report and a supporting brief. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommenda- tions of the Trial Examiner with the modifications indicated hereinafter. 1. We agree with the Trial Examiner that the Respondent Local No. 1261, United Brotherhood of Carpenters and Joiners of America, through its business agent, the Respondent Irving J. Gibbs, entered into an oral agreement or understanding with Grow Construction Co., Inc., requiring as a condition of employment referral or clear- ance of job applicants by Gibbs. Accordingly, we find, as did the Trial Examiner, that by this discriminatory hiring arrangement, the practice pursuant thereto, and particularly by Grow's refusal to hire Glen W. Cooley because of his inability to obtain job clearance from Gibbs, the Respondent Local No. 1261 and its agent, the Re- spondent Gibbs, violated section 8 (b) (2) and (1) (A) of the Act' In adopting the above-mentioned conclusions of the Trial Exam- iner, we have carefully considered the countervailing testimony of the Respondents' witnesses and the entire record in the case and find that the Trial Examiner's findings and conclusions are supported by a preponderance of the evidence. 2. We do not adopt the Trial Examiner's finding that the Respond- ent Mohawk Valley and Vicinity District Council, United Brother- hood of Carpenters and Joiners of America, was responsible for the discriminatory hiring arrangement and the refusal of employment to Cooley pursuant thereto. The Trial Examiner based his finding to that effect on the fact that the Respondent Gibbs, as a delegate to the Council from Local No. 1261, enforced the Council's working rules on the Grow job, and that the discriminatory hiring arrangement made by Grow with Gibbs resulted from those rules. The Council is composed of 5 local unions in the neighborhood of Herkimer, New York, affiliated with United Brotherhood of Carpen- ters and Joiners of America. It includes Gibbs' Local No. 1261 and also Local No. 591, to which the complainant Cooley belonged. The Council's working rules prohibit members of the Carpenters from working with nonmembers and require a working card issued by the Council. However, these council rules nowhere require that members working within the jurisdictional area of the Council belong to Local 'International Brotherhood of Boilermakers, etc. (Consolidated Western Steel Corpora- tion), 94 NLRB 1590. 524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD No. 1261 rather than to another affiliated local. The dispute in this case arose not from an application of council rules but from a dis- agreement between two affiliated locals over their respective jurisdic- tional claims. In the absence of any evidence that the Council au- thorized or ratified the actions of Gibbs, we are unable to find that the Council was responsible for his actions. To find to the contrary would mean, in effect, that Gibbs had authority on behalf of the Council to cause discrimination against a member of one of its own constituent locals and that Local No. 591 was actually participating in action against itself. Contrary to our dissenting colleague, we do not believe that the facts in this case warrant such an inference. Accordingly, we shall dismiss the complaint as to the Council.2 Order Upon the entire record in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondents, Local No. 1261, United Brotherhood of Carpenters and Joiners of America, and Irving J. Gibbs, Business Agent, and all other officers, agents, representatives, successors, and assigns, shall : 1. Cease and desist from : (a) The practice of requiring employees of, or applicants for em- ployment with, Grow Construction Co., Inc., to obtain clearance or job referrals from Local No. 1261, United Brotherhood of Carpenters 2 Member Rodgers would find , in agreement with the Trial Examiner , that the District Council violated the Act as a result of Gibbs' conduct. In his opinion , the evidence amply demonstrates that Gibbs , in his dual capacity of both delegate to the Council and business agent for 2 of the 5 locals affiliated with the Council, was acting in furtherance of the 'Council's objectives and as the Council 's agent. At least some of the Council 's objectives can be ascertained from its working rules The working rules prohibit members of the United Brotherhood of Carpenters and Joiners from working with nonmembers , and also require that members working within the jurisdiction of the Council must possess work- ing cards issued by the Council . Constitution and By-Laws of Mohawk Valley District Council, U . B. of C and J . of America , sees 41 and 43. These purposes were clearly im- plemented by Gibbs' unlawful agreement with Grow Construction Company, Inc ., which gave to Gibbs exclusive power to clear and refer job applicants In implementing the Council's working rules in this manner , Gibbs was carrying out a duty with which he was charged. Thus the working rules provide that "Business Agents and Stewards must see that these rules are rigidly enforced . . . ." Ibid, Sec. 42 And Gibbs himself so under- stood his function When asked by whom he was employed , Gibbs testified : "By Local 1261 , Local 869 and there is the supervision of the Mohawk Valley District Council." Again, he agreed that it was part of his job to see that the "working rules of . . . [the] District Council were enforced on this project " According, therefore , to the explicit directive of the Council's working rules, and ac- cording to his own understanding as well, Gibbs was clearly acting within the scope of his general authority when , to implement the working rules, he entered into the unlawful hiring arrangement with Grow-an arrangement which ultimately resulted in the dis- •crunmatory treatment of Cooley. For this reason, under Agency principles , authority to perform the specific acts with which Gibbs is charged need not be shown. See Interna- tional Longshoremen's and Warehousemen's Union ( Sunset Line and Twine Company), 79 NLRB 1487, 1507-1509 ; Perry Norvell Company, 80 NLRB 225 , 243-244. Accordingly, (ember Rodgers would hold the Council responsible for Gibbs' conduct. MOHAWK VALLEY, ETC. 525 and Joiners of America, or from any other labor organization as a condition of employment, except under a nondiscriminatory arrange- ment permitted by Section 8 (a) (3) of the Act. - (b) Causing or attempting to cause Grow Construction Co., Inc., its officers, agents, successors, or assigns, to discriminate against an employee or applicant for employment in violation of Section 8 (a) (3). (c) In any other manner restraining or coercing employees of, or applicants for employment with, Grow Construction Co., Inc., in the exercise of the rights guaranteed in Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Notify Grow Construction Co., Inc., that they have no objec- tion to the hiring and employment of any person without prior or subsequent clearance or job referral from them. (b) Make whole Glen W. Cooley for any loss of pay suffered by reason of the discrimination against him, in the manner provided in the section of the Intermediate Report entitled "The Remedy." (c) Post in conspicuous places in its offices, and wherever notices to members are customarily posted, copies of the notice attached hereto marked "Appendix." 3 Copies of said notice, to be furnished by the Regional Director for the Third Region, shall, after being signed by an official representative of the Respondent Local No. 1261, United Brotherhood of Carpenters and Joiners of America and by the Re- spondent Irving J. Gibbs, be posted by them immediately upon re- 'ceipt thereof, and maintained by them for sixty (60) consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken to insure that such notices are not altered, defaced, or covered by any other material. (d) Mail to the Regional Director for the Third Region signed copies of the notice attached hereto marked "Appendix" for posting, the Grow Construction Co., Inc., willing, at its field operations in the vicinity of Herkimer, New York, in places where notices to employees are customarily posted. Copies of said notice to be furnished by the Regional Director of the Third Region, shall, after being signed as provided in paragraph 2 (c) of this Order, be forthwith returned to the Regional Director for said posting. 3In the event that this Ordei is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order." 526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (e) Each Respondent shall notify the Regional Director for the Third Region in writing within ten (10) days from the date of this Order, what steps it has taken to comply herewith. IT IS FURTHER ORDERED that the complaint be, and it hereby is, dis- missed, insofar as it alleges that the Respondent Mohawk Valley and Vicinity District Council, United Brotherhood of Carpenters and Joiners of America, violated Section 8 (b) (2) and (1) (A) of the Act. Appendix NOTICE TO ALL MEMBERS OF LOCAL No. 1261, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AND TO ALL EMPLOYEES, OF GROW CONSTRUCTION CO., INC. Pursuant to a Decision and Order of the National Labor Relations Board and in order to effectuate the policies of the National Labor Relations Act, we hereby notify you that : WE WILL NOT require applicants for employment with Grow Construction Co., Inc., to obtain clearance or job referrals from Local No. 1261, United Brotherhood of Carpenters and Joiners of America, or from any other labor organization as a condition of employment, except under a nondiscriminatory arrangement permitted by Section 8 (a) (3) of the Act. WE WILL NOT cause or attempt to cause Grow Construction Co., Inc., its officers, agents, successors, or assigns to discriminate against employees or applicants for employment in violation of Section 8 (a) (3) of the Act. WE WILL NOT in any other manner restrain or coerce employees of, or applicants for employment with, Grow Construction Co., Inc., its successors or assigns, in the exercise of the rights guar- anteed in Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8 (a) (3) of the Act. WE WILL make whole Glen W. Cooley for any loss of pay suf- fered because of the discrimination against him. LOCAL No. 1261, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, Labor Organization. Dated ---------------- By ------------------------------------- (Title of Officer) IRVING J. GIBBS, BUSINESS AGENT. Dated ---------------- ---------------------------------------- This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. MOHAWK VALLEY, ETC. Intermediate Report 527 STATEMENT OF THE CASE A charge having been duly filed and served, a complaint and a notice of hearing thereon having been duly issued and served by the General Counsel of the National Labor Relations Board, and answers having been filed by the above-named Re- spondents, a hearing involving allegations of unfair labor practices in violation of Section 8 (b) (1) (A) and (2) of the National Labor Relations Act, as amended, 61 Stat. 136, herein called the Act, was held in Herkimer, New York, on March 1 and 2, 1954, before the undersigned Trial Examiner. As amended during the hearing the complaint alleges, in substance, that: (1) During a material period the above-named Respondents have had an agreement or understanding with the Grow Construction Co., Inc, requiring referral by the Re- spondents as a condition of employment; (2) the Respondents and the said Com- pany have abided by and enforced the said understanding; (3) in August 1953, the Respondents caused the Company to discriminate against Glen W. Cooley, by re- fusing to hire him upon the Respondents' refusal to refer him for employment; and (4) by such conduct the Respondents restrained and coerced employees and appli- cants for employment in the exercise of rights guaranteed by Section 7 of the Act. At the hearing all -parties were represented, were afforded ^ full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence pertinent to the issues, to argue orally upon the record, and to file briefs and proposed findings of fact and conclusions of law. Briefs have been received from General Counsel and the Respondents. Disposition of the motions to dismiss the complaint, with respect to the several Respondents, upon which ruling was reserved at the close of the hearing, is made by the following findings, conclusions, and recommendations. Upon the entire record in the case, and from his observation of the witnesses, the Trial Examiner makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER INVOLVED Grow Construction Co., Inc., is a New York corporation engaged in building concrete roads, bridges, and related structures. Its principal office is located in New York City. During the calendar year of 1953, Grow built highways in the State of New Jersey for which it received $340,000. During the same period Grow performed services as a subcontractor for L. G. De Felice and Son, Inc., a general contractor, for which Grow received $1,910,000. Such services consisted of the construction of buildings, bridges, culverts, and related structures on the New York Thruway which, when completed, will run from New York City north to Albany, New York, thence west to Buffalo, New York, and thence west to the Pennsylvania State line where it will connect with Pennsylvania State highways. L. G. De Felice and Son, Inc., is a Connecticut corporation engaged in the gen- eral contracting business with its principal office located in North Haven, Con- necticut. During the calendar year 1953, L. G. De Felice and Son, Inc., performed services in Pennsylvania for which it received $2,000,000 and performed services on the New York Thruway for the New York Thruway Authority valued at about $19,000,000. During the same period Grow received $1,051,000 as a subcontractor for work performed for the Port of New York Authority, and received $900,000 as a sub- contractor for building a bridge on the New York Thruway near Schenectady, New York. Grow also received $1,655,000 as a subcontractor for work performed on New York State Highway 9-W between Albany and New York City. New York State Highway 9-W is one of the principal thoroughfares between Albany and New York City, and carries traffic coming from and going to Montreal, Canada, by way of New York State Highway 9. It is concluded and found that Grow Construction Co., Inc., is engaged in com- merce within the meaning of the Act. H. THE LABOR ORGANIZATIONS INVOLVED Mohawk Valley and Vicinity District Council, United Brotherhood of Carpenters and Joiners of America, and Local 1261, United Brotherhood of Carpenters and Joiners of America, are, and each of them is, a labor organization within the mean- ing of Section 2 (5) of the Act. 528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE UNFAIR LABOR PRACTICES A. The facts The material events occurred shortly after Grow began construction, as a sub- contractor for De Felice, on a section of the New York Thruway near Herkimer, New York, in August 1953. August D. Brennan is the superintendent of the specific job. His assistant is Frederick Jenkins. When Brennan came to Herkimer on the job, in mid-August, he first consulted Ralph De Felice, the general superintendent of the general contractor, as to the hiring of necessary carpenters. According to Brennan's own testimony, he asked De Felice where he was getting his carpenters from. Brennan was told that they were being obtained from Irving J. Gibbs, and he promptly called Gibbs. Gibbs then was, and now is, the business agent of both Locals 1261 and 869 and a delegate to the Mohawk Valley and Vicinity District Council. The Council is the "parent body," according to Gibbs, of not only the 2 locals of which he is the business agent, but also of 3 others with neighboring jurisdiction. The personnel of the Council is made up of the delegates of the five locals. Also according to Gibbs, the Council claims jurisdiction over construction in three counties and part of a fourth, including the area near Herkimer, which is directly involved in these proceedings. When Gibbs came to see Brennan, in response to the latter's call, the business agent was asked, according to Brennan's testimony, "if he could give me some car- penters." Brennan also told the other, "I understand this is your territory," and Gibbs agreed that it was. Gibbs was asked for, and agreed to supply, four carpenters to start the job. On August 20 Brennan hired four carpenters sent to him by Gibbs. Shortly after Brennan asked Gibbs to supply him with carpenters, the superin- tendent was visited by Courtney Young, business agent for Local 591, one of the members of the Council. Young introduced himself and asked Brennan to hire through him. Brennan said he had already talked with Gibbs and Gibbs was send- ing him four men. The superintendent also told Young that, so far as he then knew, he would get all of his men through Gibbs, and suggested to Young that the unions straighten out the question as to who was to be the business agent for the area. Young visited Gibbs that same night, pointed out that the specific job came within the jurisdictional area of Local 591, admitted that he might not be able to furnish all carpenters needed, but urged that at least one-third of such employees should come from his local. Gibbs replied bluntly that it was his job, and he would run it. On or about August 16 Steve Sadlon, president of Local 591, applied for work to Brennan. The superintendent told him to see his business agent, and further said that both Gibbs and Young had been to see him and so long as he got his men he did not care who the business agent for the job was. A day or two later both Young and Sadlon went to see Brennan again. Young urged that men from Local 591 should be hired, since it had jurisdiction. Brennan said he was sorry, but declared that he was going to do all hiring through Gibbs, since he claimed to be the bona fide business representative of the Council. A few days later Sadlon was hired. Gibbs' own testimony, however, makes it plain that it was he who approved and referred him to the job.1 Glen W. Cooley, the complainant in this case, is a member of Sadlon's local- No. 591. On or about August 28 he applied for a job through Jenkins, Brennan's assistant. Jenkins told him they could use him at once and instructed him to leave his name and address at the job site office. At the office he met Brannan, who told Cooley he was hiring through Gibbs. Later that day Cooley went to see Gibbs, and asked him for a referral card to the Grow job, pointing out that there was a job awaiting him. Gibbs told him he did not issue cards and ordered him out of his yard. Cooley returned to the job site and told Brennan of his futile visit to Gibbs. Brennan said he was sorry, but "that is the way it stands." Cooley repeated his visits to the job site, without success. On one occasion the office manager, David Goodman, became angry and said his application must "go through Gibbs." On another occasion he was told by Jenkins that the only way he could get on the job was to clear with Gibbs. 1 Gibbs testified that when "they wanted men over there" he tried to get Sadlon by 'phone, but was unable to reach him. He communicated with another individual, through whom he sent word to Sadlon that "they were going to put some men on over to Grows tomorrow morning if he wants to go over there." "That," said Gibbs, "is how he [Sadlon] got to work over there." MOHAWK VALLEY, ETC. 529 Finally, in the latter part of October, Cooley filed charges with the Board against Gibbs and the Council. On December 4, 1953, he was hired by Grow. It is undis- puted that after the charges were filed, and before Cooley was actually hired, Jen- kins told his foreman that he was going to have to hire Cooley, otherwise they would have to pay him all back wages "from the time we refused him a job." B. Conclusions The preponderance of credible evidence establishes and the Trial Examiner con- cludes and finds that in mid-August 1953, Superintendent Brennan entered into an oral agreement with Gibbs, as agent for Local 1261 and the Council, to hire car- penters through him. This conclusion is supported not only by the facts set forth in the preceding section, but also by the undisputed testimony of Foreman Haponski to the effect that he was informed by Jenkins that "Brennan had an agreement with Gibbs to man the job." From the preponderance of credible evidence it is also concluded that this agree- ment was enforced in practice. Supporting this conclusion, in addition to the facts narrated above, is the undisputed testimony of Courtney Young to the effect that when he attempted to intercede for Cooley he was told by Jenkins, "Nothing doing. You'll have to clear through Gibbs." Further supporting the conclusion is the un- disputed testimony of Foreman Haponski that Jenkins told him several times that he wanted to hire Cooley but "it seems he can't get cleared through Gibbs," as well as the credible testimony of Young to the effect that Gibbs told him "it was his job . . . that he would run it." As to the discrimination in the specific case of Cooley, credible evidence makes it plain, and it is concluded, that when he applied for work on or about August 28 there was work available for which he was fully qualified. It is likewise con- cluded that he would have been hired immediately but for the fact that Gibbs re- fused to "okay" or "refer" him to the job, and that such failure to hire him was in consonance with Brennan's agreement with Gibbs to hire through him. In summary, it is concluded and found by the Trial Examiner that both by en- tering into the above-described agreement with Gibbs and by discriminating as to the hire of Cooley, the Company encouraged membership in the Respondents and thereby violated Section 8 (a) (3) of the Act.2 The Trial Examiner likewise concludes and finds that by entering upon and effectuating a discriminatory hiring agreement with the Company, and by refusing to refer Cooley to an available job, the Respondents caused the Company to discriminate against employees and appli- cants for employment in violation of Section 8 (a) (3) of the Act, and thereby re- strained and coerced employees and applicants for employment in the exercise of rights guaranteed by Section 7 of the Act. The Trial Examiner finds no merit in counsel's contention that the complaint should be particularly dismissed as to the Council. It is clear from both oral and documentary evidence that Gibbs, in the conduct at issue here, served both in his capacity as agent for the Local 1261 and as a member of the Council. As a coun- cil delegate, Gibbs himself testified, it was his duty to see that the working rules of the Council were enforced on the Grow job. Since the Council's working rules were applicable to and enforced on his job, it is plain that the Council is properly account- able for Gibbs' actions as described herein. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondents set forth in section III, above, occurring in con- nection with the operations of Grow Construction Co., Inc., described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and com- merce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY It has been found that the Respondents Gibbs, Local 1261, and Council have engaged in and are engaging in certain unfair labor practices. It will be recom- mended that they cease and desist therefrom, and take certain affirmative action to effectuate the policies of the Act. 2N. L R B v The Lummus Company, 210 F 2d 377 (C A. 5), enfg The Lummus Com- pany, 101 NLRB 1628 ; also Radio Officers' Union v. N. L. R. B, 347 U. S. 17. 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Having found that the preferential or exclusive hiring agreement or understand- ing between Grow and Gibbs, as representative of the Council and of Local 1261, is illegal within the meaning of the Act, the Trial Examiner will recommend that the Respondents cease and desist from giving effect to said illegal agreement, and from entering into, renewing, or enforcing any agreement with Grow or any other employer which accords preferential or exclusive hiring rights to members of the Respondent labor organizations. It has been found that the Respondents caused Grow discriminatorily to refuse to hire applicant Cooley between August 28 and December 4, 1953. It will be recommended that the Respondents make Cooley whole for any loss of pay suffered by reason of the discrimination against him, by payment to him of a sum of money equal to that which he would normally have earned from the date of the discrimina- tion to the date of his hire, less his net earnings during said period. Back pay shall be computed in a manner consistent with the policy established by the Board in F. W. Woolworth Company, 90 NLRB 289. The unfair labor practices found to have been engaged in by the Respondents are of such character and scope that, in order to insure employees and prospective employees of full nights guaranteed by the Act, it will be recommended that the Respondents , and each of them, cease and desist from in any manner restraining, or coercing employees or applicants for employment in the exercise of rights under the Act. On the basis of the foregoing findings of fact and upon the entire record in the case, the Trial Examiner makes the following: CONCLUSIONS OF LAW 1. Mohawk Valley and Vicinity District Council, United Brotherhood of Car- penters and Joiners of America, and Local No. 1261, United Brotherhood of Car- penters and Joiners of America, are labor organizations within the meaning of Sec- tion 2 (5) of the Act. 2. Grow Construction Co., Inc., is an employer within the meaning of Section 2 (2) of the Act. 3. By causing the said employer to discriminate in regard to the hire and tenure of employment of applicants for employment and of Glen W. Cooley in violation of Section 8 (a) (3) of the Act, the Respondent labor organizations above named and the Respondent Gibbs, their agent, have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (2) of the Act, and by restrain- ing and coercing employees and applicants for employment in the exercise of rights guaranteed by the Act the said Respondents have also engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] ESQUIRE, INC., CORONET INSTRUCTIONAL FILMS DIVISION ) and LOCAL 476, STUDIO MECHANICS OF THE INTERNATIONAL ALLIANCE OF THEATRIOAL STAGE EMPLOYEES & MOVING PICTURE MACHINE OPERA- TORS OF THE UNITED STATES AND CANADA, AFL, I. A. T. S. E. Case No. 13-CA-1631. July 29,195,1p Decision and Order On May 6, 1954, Trial Examiner Stephen S. Bean issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- 109 NLRB No. 76.