LOCAL 1422

920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, we find that the following employees of the Employer's plant at Waltham, Massachusetts, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees of the Employer's machine shop department (depart- ment 05), excluding all other employees and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] Local 1422, International Longshoremen's Association, Independ- ent and Charleston Stevedoring Company, James Doran Com- pany, Inc., R. F. Kamradt Stevedoring Company, Inc., Palmetto Stevedoring Company, Inc. International Longshoremen's Association (Independent) and Charleston Stevedoring Company, James Doran Company, Inc., R. F. Kamradt Stevedoring Company, Inc., Palmetto Steve- doring Company, Inc. Cases Nob. 11-CC-11 and 11-CC-1,0. August 1, 1957 DECISION AND ORDER Upon charges and amended charges filed by the Charleston Steve- doring Company, James Doran Company, Inc., R. F. Kamradt Steve- doring Company, Inc., and Palmetto Stevedoring Company, Inc., sometimes collectively referred to as the. Charging Parties, the General Counsel of the National Labor Relations Board, herein called the General Counsel, by the Regional Director for the Eleventh Region, issued a consolidated complaint on January 3, 1957, alleging that the Respondents, Local 1422, International Longshoremen's Association, Independent, and International Longshoremen's Association, Inde- pendent, had engaged in and were engaging in certain unfair labor practices affecting commerce within the meaning of Section 8 (b) (4) (A) and (B) of the Act. Copies of the consolidated complaint and notice of hearing were duly served upon the Respondents. Thereafter, on March 25, 1957, the parties entered into a stipulation setting forth an agreed statement of facts. The stipulation provided that the parties thereby waive their rights to a hearing, to the filing of an answer, to a Trial Examiner's Intermediate Report and the filing of exceptions thereto, to the making of proposed findings of fact, conclusions of law, and the issuance of a proposed order by the Board. The stipulation further provided that the stipulation, to- gether with the charges, amended charges, order consolidating cases and notice of hearing, complaint, and affidavits of service of said charges, amended charges, order consolidating cases and notice of 118 NLRB No. 109. LOCAL 1422 921 hearing, and complaint shall constitute the entire record in these pro- ceedings. Finally, the stipulation provided that, within twenty (20) days from March 20, 1957, any party might file motions with the Board for dismissal of the complaint, for the making by the Board of particular findings of fact and conclusions of law, or for the entry by the Board of any order appropriate to findings of fact and con- clusions of law made by it, with briefs in support thereof. Within the prescribed filing period, the Respondents filed a motion to dismiss complaint and the General Counsel filed a motion for appropriate find- ings of fact, appropriate conclusions of law and appropriate remedial order, and a brief in support thereof. The aforesaid stipulation is hereby approved and accepted, and made a part of the record in this proceeding. In accordance with Section 102.45 of the National Labor Relations Board Rules and Regu- lations, these proceedings are duly transferred to, and continued before, the Board. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Murdock, Rodgers, and Bean]. Upon the basis of the aforesaid stipulation, and the entire record in these cases, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE CHARGING PARTIES Charleston Stevedoring Company, Palmetto Stevedoring Company, Inc., and James Doran Company, all South Carolina corporations, are, and have been, engaged in the operation of furnishing stevedoring services at the port of Charleston, South Carolina, to steamship com- panies engaged in operating vessels in interstate and foreign com- merce. During the year ending December 31, 1956, which period is representative of all times material herein, each of said stevedoring companies has furnished services valued at and in excess of $100,000 to shipping companies for handling cargo in interstate and foreign commerce. R. F. Kamradt Stevedoring Company, Inc., a South Carolina corpo- ration, is, and has been, engaged in furnishing stevedoring services at the port of Charleston, South Carolina, to steamship companies engaged in operating vessels in interstate and foreign commerce. During the year ending December 31,1956, which period is representa- tive of all times material herein, R. F. Kamradt Stevedoring Company, Inc., has furnished stevedoring services valued in excess of $60,000 to shipping companies for handling cargo in interstate and foreign commerce. 922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The parties stipulate, and we find, that Charleston Stevedoring Company, James Doran Company, Inc., Palmetto Stevedoring Com- pany, Inc., and R. F. Kamradt Stevedoring Company, Inc., constitute a single employer within the meaning of the Act and that the Charg- ing Parties are engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. We find that it will effectuate the policies of the Act to assert jurisdiction in these cases. II. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated, and we find, that Local 1422, International Longshoremen's Association, Independent, herein called Local 1422, and International Longshoremen's Association, Independent, herein called ILA, are labor organizations within the meaning of Section 2 (5) of the Act. III. THE UNFAIR LABOR PRACTICES The complaint alleged that, on or about November 17, 1956,1 Local 1422 and ILA engaged in, and ordered and directed their members employed by the Charging Parties to engage in, a strike against the Charging Parties with the objects of (1) forcing or requiring the Charging Parties to cease doing business with the members of the New York Shipping Association, herein called NYSA, and other employers and persons with whom the Charging Parties normally do business, and (2) forcing and requiring NYSA and its members to recognize and bargain with ILA and its affiliated locals for a unit composed of employees of members of NYSA in all the ports on the Atlantic and gulf coasts, although neither the ILA, nor any of its affiliated locals, has been certified as the collective-bargaining agent of the employees in such unit under the provisions of Section 9 of the Act. The com- plaint further alleged that, by the foregoing conduct, ILA and Local 1422 violated Section 8 (b) (4) (A) and (B) of the Act. The parties stipulate, and we find, that on July 31, the International Brotherhood of Longshoremen (AFL-CIO), herein called IBL, filed a petition with the Board for an election to determine the collective bargaining representative of the employees in the port of Greater New York and vicinity. The ILA intervened in that proceeding. This area had been designated by the Board as the appropriate unit area. in 1953 in a proceeding which resulted in the certification of the ILA as collective-bargaining representative for such a unit.' In 1954, the ILA and NYSA executed a 2-year contract covering this unit which was due to expire on September 30. On August 1 negotiations were instituted between the NYSA and ILA for the purpose of reaching a new agreement to replace the contract about to expire. On September 1 Unless otherwise indicated , all dates herein refer to 1956. New York Shipping Association and its members , 107 NLRB 364. LOCAL 1422 923 24, the Board rendered a decision on the IBL's petition,' again finding the Greater New York and vicinity area to be the appropriate bargain- ing unit area. On October 17, an election was held on this petition and the ILA was successful. It was certified by the Board on October 25. While this election and certification were taking place, the NYSA and ILA continued negotiations for a new contract. During these negotiations, the ILA demanded that the NYSA negotiate for em- ployees who were outside the certified unit. The NYSA rejected this demand. After the certification, ILA again insisted that negotiations cover a unit broader in scope than that for which it had been certified. The NYSA again refused to do so. On September 29, a collective-bargaining contract. "Covering long- shore work in all ports from Morehead City, North Carolina, to Tampa, Florida," was agreed upon by stevedoring companies and Respondent ILA locals functioning in those ports, including the Charging Parties and Local 1422. This agreement was designed to replace a contract due to expire on September 30, and was to take effect on October 1. The parties herein have, since the latter date, operated under the new contract. The parties further stipulate that the Charging Parties employ longshoremen in the course of their stevedoring operations. When the Charging Parties receive notice of the arrival of a vessel in the port of Charleston which they are engaged to handle, they inform Local 1422 of the number of longshoremen gangs needed, name the hatch foreman of each gang, and specify the reporting time and place for each gang. Local 1422 thereupon posts this information on its bulletin boards and the requisite gangs report for work. Certain members of the NYSA do business as steamship operators in the port of Charleston and the Charging Parties perform stevedoring services for them. On or about November 15, the ILA called a strike for all of its affiliated member unions in all Atlantic and gulf coast ports in .sup- port of its demand that the NYSA, of which the Charging Parties are not members, bargain with it on behalf of employees of NYSA's members working in other Atlantic and gulf coast ports. On November 16, Charleston received word that three vessels which it had been engaged to handle would arrive in port the following day. Charleston communicated with Local 1422 and requested that three gangs report to the dock on November 17 to work the first of the ships to arrive, and additional gangs were ordered to report later in the day to handle the other vessels. The first gangs reported as scheduled. However, ILA Vice President Burke and Local 1422 delegate, Mitchell, appeared at the dock and informed the checker foreman that work would cease at noon on the vessel already in port and that the placing of pickets at the gangway was being considered. 3 New York Shipping Association, Inc., 116 NLRB 1183. 924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Shortly thereafter, Charleston's hiring foreman was informed by Local 1422's secretary that the longshoremen employed by Charleston would unload the vessel then in port but that "they ... were not going to work" the other ships "because of the strike." A short time later, the president of Local 1422 stated to Charleston's president that Local 1422 could not supply men on "orders from Captain Bradley (ILA's president) or New York." Charleston's president was also informed by Burke that Burke had received a telegram from Bradley directing him "to report to Charleston and instruct men to go on strike." After the lunch break on November 17, Burke and Mitchell appeared again at the dock and signaled the longshoremen employed by Charleston to quit work, and Burke told Charleston's foreman that he "was shutting [:Charleston] down." Charleston's longshoremen immediately obeyed the instructions of Burke and Mitchell to quit work. Kamradt's president visited Local 1422's office on November 17, to place a call for longshoremen to unload a vessel which was expected to arrive in port the following morning. Burke, as well as the presi- dent and secretary of Local 1422, explained that they "were going to stop work in Charleston at noon that day" and for this reason they refused to post Kamradt's request for longshoremen. The vessel which Kamradt was engaged to handle docked in the port of Charles- ton on November 18 but departed the following day without being unloaded. On November 16, Palmetto requested Local 1422 to furnish long- shoremen to unload a vessel due in port at noon the following day. Local 1422 indicated that it would post this order. On November 17, Palmetto's president visited Local 1422's office to inquire whether the vessel would actually be worked and was told by the president of Local 1422 that "he would have to call a strike for 12 o'clock" because of a telegram from New York which Burke had received and because Burke was putting "pressure on him [Local 1422's president]." This vessel was thereupon diverted to another port. Doran did not have a vessel in port on November 17 and was not expecting one until November 20. Upon the outbreak of the strike, the ship due November 20 was diverted to another port. After being informed by the chairman of the Charleston Employers Labor Committee that Local 1422 would not furnish longshoremen for work, Doran did not request that Local 1422 furnish it with longshoremen at any time during the strike. On November 24, the United States District Court for the Southern District of New York issued an injunction restraining ILA from engaging in a strike "in the maritime industry of the United States." 4 On instructions from ILA, Local 1422 ordered longshoremen at the port of Charleston to resume work on November 25. U. S. v. Longshoremen's Association (Independent ), et al., 39 LRRM 2108. LOCAL 1422 925 Upon a careful review of the foregoing stipulated facts, we conclude that the ILA and Local 1422 engaged in a strike against the Charging Parties, and ordered and directed its members in the port of Charles- ton who, because of an established course of employment in the ship- ping industry possessing characteristics of certainty and continuity,, were employees of the Charging Parties within the meaning of the Act,' to engage in a strike against the Charging Parties although the Charging Parties were not involved with the Respondents in a pri - mary labor dispute . We further conclude that the objects of such strike were ( a) to force and require the Charging Parties to cease doing business with members of the NYSA and other employers and persons with whom the Charging Parties normally do business, and (b) to force or require the NYSA and its members to recognize and bargain with the ILA and its affiliated locals for a unit composed of employees of members of the NYSA in all Atlantic and gulf coast ports, although neither the ILA nor any of its affiliated locals has been certified as collective -bargaining representative for such a unit under Section 9 of the Act. Accordingly, we find that by the foregoing conduct the ILA and Local 1422 violated Section 8 (b) (4) (A) and (B) of the Act, respectively. In their motion to dismiss complaint, the Respondents contend that their conduct constituted lawful primary activity either because their dispute was directly with the members of the NYSA or because their dispute was directly with the Charging Parties. As to the first con- tention, the record before us fails to establish that any member of the NYSA was engaged in doing business in the port of Charleston at the time of the strike or that the strike was directly in furtherance of a dispute with such a member in the Charleston port. In this con- nection, we note that the parties stipulated that none of the Charging Parties were members of the NYSA. With respect to the second contention, the record is also devoid of any facts which would establish that the Respondents were involved in a dispute with the Charging Parties. Rather, the stipulation between the parties reveals that the Respondent and Charging Patries were operating under a new agree- ment covering longshore work from North Carolina to Florida, which agreement covered the port of Charleston . Therefore we find no merit in the Respondents' contention. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondents set forth in section III, above, occurring in connection with the operations of the Charging Parties, described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and 5 See New York Shipping Association ( United Marine Division, Local 333, International Association of Longshoremen , Independent), 107 NLRB 686, 709. 926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Territories of the United States and between foreign countries and States of the United States, and tend to lead to and have led to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that the Respondents have violated Section 8 (b) (4) (A) and (B) of the Act, we shall order each of the Respondents to cease and desist therefrom and take certain affirmative action which we find necessary to effectuate the policies of the Act. The specific findings of unfair labor practices made in these pro- ceedings are based upon activities of the Respondents related to the Charging Parties, and the port of Charleston, South Carolina. The stipulation of the parties reveals that, in furtherance of its demand that the NYSA bargain with the ILA on behalf of employees of the NYSA's members in all Atlantic and gulf coast ports including Charleston, the ILA instructed all of its affiliated member unions in those ports to engage in a strike. In view of this fact, it becomes readily apparent that the preventive purpose of the Act would be thwarted unless the order herein is coextensive with the threat of widespread strikes in the various Atlantic and gulf coast ports. There- fore, in order to prevent a recurrence of similar unfair labor prac- tices, and thereby minimize the industrial strife which burdens and obstructs commerce, we shall order that the Respondents cease and desist from the commission of unfair labor practices of the kind here found, not only against the Charging Parties, but against any other employer. CONCLUSIONS OF LAW 1. International Longshoremen's Association, Independent, and Local 1422, International Longeshoremen's Association, Independent, are labor organizations within the meaning of Section 2 (5) of the Act. 2. Charleston Stevedoring Company, James Doran Company, Inc., R. F. Kamradt Stevedoring Company, Inc., and Palmetto Stevedoring Company, Inc., are employers within the meaning of Section 2 (2) of the Act. 3. By engaging in a strike against the Charging Parties, and order- ing and directing its members in port of Charleston who were em- ployees of the Charging Parties to engage in a strike, with the objects Of forcing or requiring the Charging Parties to cease doing business with members of the NYSA and other employers and persons with whom the Charging Parties normally do business, and forcing or requiring the NYSA and its members to recognize and bargain with the ILA and its affiliated locals for a unit composed of employees of members of the NYSA in all Atlantic and gulf coast ports, although neither the ILA nor any of its affiliated locals, including Local 1422, LOCAL 1422 927 has been certified as collective-bargaining representative for such a unit under Section 9 of the Act, the Respondents engaged in unfair labor practices within the meaning of Section 8 (b) (4) (A) and (B) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. ORDER Upon the entire record in these cases, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, International Longshore- men's Association, Independent, and Local 1422, International Long- shoremen's Association, Independent, their officers, representatives, agents, successors, and assigns, shall: 1. Cease and desist from engaging in a strike against Charleston Stevedoring Company, James Doran Company, Inc., R. F. Kamradt Stevedoring Company, Inc., and Palmetto Stevedoring Company, Inc., or any other employer, or ordering and directing its members who are employees of the aforesaid Charging Parties or of any other employer to engage in a strike, with the objects of forcing or requiring the Charging Parties or any other employer to cease doing business with members of the NYSA and other employers and persons with whom the Charging Parties or any other employer normally do bus- iness, and forcing or requiring the NYSA and its members to recognize and bargain with the ILA and its affiliated locals for a unit composed of employees of members of the NYSA in all Atlantic and gulf coast ports unless the ILA has been certified by the Board as collective- bargaining representative of such a unit of employees pursuant to Section 9 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : A. Respondent, International Longshoremen's Association, Inde- pendent: (1) Post in conspicuous places at its business offices in or about the port of Greater New York and vicinity, and distribute to all locals affiliated with Respondent International Longshoremen's Association, Independent, operating in the Atlantic and gulf coast ports for like posting in places where notices to members are customarily posted, a copy of the notice attached hereto and marked "Appendix A." 6 Copies of said notice, to be furnished by the Regional Director for the Eleventh Region, shall, after being duly signed by an official repre- 9 In the event that this Order is enforced by a decree of a United States Court of Appeals, this notice shall be amended by substituting 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." 928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentative of Respondent International Longshoremen's Association, Independent, be immediately posted and maintained for a period of sixty (60) days thereafter. Reasonable steps shall be taken by the International Longshoremen's Association, Independent, and its affiliated locals operating in the Atlantic and gulf coast ports, to insure that said notices are not altered, defaced, or covered by other material. B. Respondent, Local 1422, International Longshoremen's Associa- tion, Independent, post in conspicuous places at its business offices in or about the port of Charleston, South Carolina, a copy of the notice attached hereto and marked "Appendix B."' Copies of said notice, to be furnished by the Regional Director for the Eleventh Region, shall, after being duly signed by an official representative of Respondent Local 1422, International Longshoremen's Association, Independent, be immediately posted and maintained for a period of sixty (60) days thereafter. Reasonable. steps shall be taken by Local 1422 to insure that said notices are not altered, defaced, or covered by any other material. C. Furnish to the Regional Director for the Eleventh Region copies of said notices for posting, on bulletin boards where notices to em- ployees are customarily posted, at the piers and places of business of the Charleston Stevedoring Company, James Doran Company, Inc., R. F. Kamradt Stevedoring Company, Inc., and Palmetto Stevedoring Company, Inc., and other employers and persons with whom these companies normally do business in the port of Charleston, and at the piers and places of business of the New York Shipping Association and its members, and other employers and persons who normally do business with the New York Shipping Association and its members in the port of Greater New York and vicinity, the employer in each case being willing. D. Notify the Regional Director for the Eleventh Region, in writing, within ten (10) days from the date of this Order, what steps they, and each of them, have taken to comply herewith. 7 Ibid. APPENDIX A NOTICE TO ALL MEMBERS OF CONSTITUENT LOCALS OF THE INTERNA- TIONAL LONGSHOREMEN'S ASSOCIATION, INDEPENDENT, OPERATING IN THE ATLANTIC AND GULF COAST PORTS 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 our members that : WE WILL NOT engage in a strike against Charleston Stevedoring Company, James Doran Company, Inc., R. F. Kamradt Stevedor- ing Company, Inc., and Palmetto Stevedoring Company, Inc., of LOCAL 1422 929, Charleston, South Carolina, or any other employer, or order and direct our members who are employees of the aforesaid em- ployers to engage in a strike where objects thereof are to force or require the aforesaid employers to cease doing business with members of the New York Shipping Association and other em- ployers and persons with whom Charleston Stevedoring Com- pany, James Doran Company, Inc., R. F. Kamradt Stevedoring Company, Inc., and Palmetto Stevedoring Company, Inc., nor- mally do business, or to force or require the New York Shipping Association and its members to recognize and bargain with the International Longshoremen's Association, Independent, and its affiliated locals for a unit composed of employees of members of the New York Shipping Association in all Atlantic and gulf coast ports unless the International Longshoremen's Association, In- dependent, has been certified as collective-bargaining representa- tive of such a unit of employees pursuant to Section 9 of the Na- tional Labor Relations Act. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, INDEPENDENT, Labor Organization. Dated---------------- By------------------------------------- (Representative ) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. APPENDIX B NOTICE TO ALL MEMBERS OF LOCAL 1422, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, INDEPENDENT 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 our members that : WE WILL NOT engage in a strike against Charleston Stevedoring Company, James Doran Company, Inc., R. F. Kamradt Steve- doring Company, Inc., and Palmetto Stevedoring Company, Inc., of Charleston, South Carolina, or any other employer, or order and direct our members who are employees of the aforesaid em- ployers to engage in a strike where objects thereof are to force or require the aforesaid employers to cease doing business with members of the New York Shipping Association and other em- ployers and persons with whom Charleston Stevedoring Com- pany, James Doran Company, Inc., R. F. Kamradt Stevedoring Company, Inc., and Palmetto Stevedoring Company, Inc., nor- mally do business, or to force or require the New York Shipping 450: i 5.',-58-vol . 118-60 930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Association and its members to recognize and bargain with the International Longshoremen's Association, Independent, and its affiliated locals for a unit composed of employees of members of the New York Shipping Association in all Atlantic and gulf coast ports unless the International Longshoremen's Association, In- dependent, has been certified as collective-bargaining representa- tive of such a unit of employees pursuant to Section 9 of the Na- tional Labor Relations Act. LOCAL 1422, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, INDEPENDENT, Labor Organization. Dated---------------- By------------------------------------- (Representative ) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Archer Mills, Inc. and American Federation of Hosiery Workers, AFL-CIO. Case No. 10-CA-4466. August 1, 1957 DECISION AND ORDER On January 30, 1957, Trial Examiner Arthur Leff issued his Inter- mediate Report in the above-entitled proceeding, finding that Re- spondent 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- mediate Report attached hereto. Thereafter, Respondent filed ex- ceptions to the Intermediate Report together with a supporting brief. Pursuant to the provisions of Section 3 (b) of the Act, the Board has .delegated its powers in connection with this case to a three-member -panel [Chairman Leedom and Members Bean and Jenkins]. 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, Respondent's exceptions and brief,' and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner. ORDER Upon the entire record in this case and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor i These adequately present Respondent's position . Its request for oral argument is there- -fore denied. 118 NLRB No. 116.