Local Union No. 48

212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD worked .in the department when their own work was slow and have been encouraged to learn something about the lithographic process. However, prior to the election, all were assigned to, and spent the major portion of their time working in, the Employer's letterpress operations. Since the election, O'Keefe has become a lithographic platemaker but this fact has no bearing on his eligibility to vote in the election held herein. Accordingly, we shall sustain the chal- lenges to these three ballots. The Employer took no exception to the Regional Director's finding that the challenge to Irene Gutberlet's ballot should be overruled. However, it excepted to the Regional Director's recommendation that, because it could not affect the results of the election, her ballot should be left unopened. The Employer contends that all the ballots should be opened and counted and, therefore, her ballot could be decisive. In view of our decision with regard to the other challenges, we shall follow the Regional Director's recommendation and shall not open and count Gutberlet's ballot. As we are sustaining the challenges to the ballots of five individuals and as the tally of ballots, therefore, shows that the Petitioner has received a majority of the valid votes cast in the election, we shall, in accordance with the recommendations of the Regional Director, cer- tify the Petitioner as the collective-bargaining representative of the employees in the appropriate unit. [The Board certified Amalgamated Lithographers of America, Local No. 14, AFL-CIO, as the collective-bargaining representative of all the lithographic production employees at the Employer's Primos, Pennsylvania, plant, in the unit heretofore found appro- priate.] MEMBERS RoDGERS and FANNING took no part in the consideration of the above Supplemental Decision and Certification of Representatives. Local Union No. 48, Sheet Metal Workers' International Asso- ciation, AFL-CIO ; T. E. Reid, Agent of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO; Local Union No. 48, Sheet Metal Workers' International Asso- ciation, AFL-CIO; T. E. Reid, Agent of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO and Acousti Engineering of Alabama, Inc. Cases Nos. 10-CC- 317, 10-CC-318, 10-011-588, and 10-013-591. March !?8, 1958 DECISION AND ORDER On October 29, 1957, Trial Examiner Herbert Silberman issued his Intermediate Report in the above-entitled proceeding, finding 120 NLILB No. 34 LOCAL UNION NO. 48 213 that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter the Respond- ents filed exceptions to the Intermediate Report and 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 [Members Rodgers, Bean, and Fanning]. The Board has reviewed the rulings of the Trial Examiner made 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, the brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner.' ORDER Upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, its officers, repre- sentatives, agents, successors, and assigns, and T. E. Reid, shall : 1 We agree with the Trial Examiner that these proceedings arise out of continuing effort by the Respondents to have Acousti assign the work of installing metal pan acoustical ceilings to its members rather than to Acousti 's own employees , and that the broad remedy recommended is necessary to effectuate the policies of the Act. See Local Union No. 48 Sheet Metal Workers' International Association, AFL-CIO ( Acousti Engineering of Alabama, Inc ), 119 NLRB 157, 114 NLRB 1415. We also agree that, as the present proceeding is not one under Section 10 (k) of the Act, the determination of the National Joint Board for the Settlement of Jurisdictional Disputes is not relevant . Moreover, as set forth in Local Union No. 48, etc., 119 NLRB 157, Acousti never agreed to be bound by any decision of the Joint Board. Finally, we find without merit the Respondent's charge that the attorney for the General Counsel improperly acted as "prosecutor " in this proceeding. The General Counsel and his representatives have the statutory duty to investigate charges, issue complaints and prosecute such complaints before the Board Section 3 (d). The attorney for the General Counsel was therefore merely fulfilling his statutory function in prosecut- ing the present case A similar argument was made and rejected in Local Union No. 48, etc., 119 NLRB 157. For the proposition that the same conduct may violate Section 8 (b) (4) (D) as well as other sections of the Act, see Wendnagel h Company, 119 NLRB 1444. Member Fanning joins in finding violations of Section 8 (b) (4) (A) and 8 ( b) (4) (B), but would not find violations of Section 8 (b) (1) (A) and 8 ( b) (2) where, as here, the same primary conduct of the Respondent relates to a jurisdictional dispute within the meaning of Section 8 (b) (4) (D). In this connection he notes that the facts in the instant case are alleged by the General Counsel to constitute a jurisdictional dispute in a companion case now pending before the Board. In his opinion , it was the intent of Congress to encourage the parties voluntarily to settle such disputes with as little re- course as possible to Government procedures He would therefore find, as to the primary nature of the Respondent's conduct , that the procedures established by Congress under Section 8 (b) (4) (D) and Section 10 (k) are exclusive . To the extent, however, that the Respondent's conduct was secondary in nature , enmeshing neutral employers in con- troversies not their own, he would find the secondary boycott provisions of the statute independently applicable and controlling. 214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Cease and desist from : (a) Threatening to picket or picketing any premises where Acousti Engineering of Alabama, Inc., is engaged in the installation of metal pan acoustical ceilings to' compel Acousti to make membership in•Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, a condition of employment, except in accordance with the-provisions of Section 8 (a) (3) of the Act, or otherwise attempt- ing to cause Acousti Engineering of Alabama, Inc., to discriminate against employees in violation of Section 8 (a) (3) of the Act. (b) By like or related conduct, restraining or coercing employees of Acousti Engineering of Alabama, 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. (c) Inducing or encouraging the employees of any employer (other than Acousti Engineering of Alabama, Inc.,) to engage in a strike or a,concerted, refusal in the course of their employment to use, manu- facture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services for their respective employers, where an object thereof is (1) to force or require any employer or other person to cease doing business with Acousti Engineering of Alabama, Inc., or (2) to force or require Acousti Engineering of Alabama, Inc., to recognize Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, as the collective-bargaining representative of employees of Acousti Engi- neering of Alabama, Inc., unless or until the Board certifies said labor organization as such representative in accordance with the provisions .of Section 9 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Post at their business offices and meeting halls within the State of Alabama, copies of the notice attached to the Intermediate Report marked "Appendix." 2 Copies of said notice, to be furnished by Regional Director for the Tenth Region, shall, after being duly signed by an authorized. representative of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, and by its agent, T. E. Reid, be posted by said Respondents immediately upon receipt'thereof and maintained by them for a period of sixty (60) con- secutive days thereafter in conspicuous places, including all places where notices to members of Local 48 are customarily posted. Rea- a, This notice is amended by substituting for the words , "The Recommendations of a Trial Examiner ," the words "A Decision and Order " In the event that this Order 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." LOCAL UNION -NO. 48 215 sonable steps shall be taken by said Respondents to insure that the notices are not altered, defaced, or covered by any other material.- -, (b) Upon. receipt from 'the Regional Director of copies of the said notice, forthwith return to him copies thereof duly signed as afore- said, which the Regional Director shall submit to employers doing construction work at the Redstone Arsenal for posting, the employers willing, at all places within the State of Alabama, including the Redstone Arsenal, -where they are engaged in construction work. (c) Notify the'Regional Director for the Tenth Region in writing, within ten (10) days from the date of this Decision and Order, what steps the Respondents have taken to comply herewith. INTERMEDIATE REPORT AND RECOMMENDED ORDER STATEMENT OF THE CASE Upon charges duly filed by Acousti Engineering of Alabama, Inc., herein referred to as Acousti, the General Counsel of the National Labor Relations Board by the Acting Regional Director for the Tenth Region (Atlanta, Georgia), on August 5, 1957, issued an order consolidating the above-numbered cases and a complaint against Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, herein referred to as the Union or Local 48, and its agent, T. E. Reid, alleging that the Respondents have engaged in and are engaging in conduct consti- tuting unfair labor practices affecting commerce within the meaning of Section 8 (b) (1) (A), (2), (4) (A) and (B), and Section 2 (6) and (7) of the National Labor Relations Act, 61 -Stat: 136, herein called the Act. Copies of the charges, order of consolidation, complaint, and notice of hearing thereon were duly served upon the parties. With respect to the unfair labor practices, the complaint alleges, in substance that: (1) in violation of Section 8 (b) (1) (A) and (2) of the Act, since about May 29, 1957, Respondents attempted to cause Acousti to discriminate against its employees engaged in the installation of metal pan acoustical ceilings at the Red- stone Arsenal by replacing such employees with members of Local 48; and (2) in violation of Section 8'(b) (4) (A) and (B) of the Act, Respondents induced and encouraged employees of various employers other than Acousti to engage in a strike or a concerted refusal in the course of their employment to perform any services by picketing the entrances to the Redstone Arsenal in Huntsville, Alabama, on July 10 and 11, 1957, in order to force or require other employers and persons to cease doing business with Acousti and to force or require Acousti to recognize or bargain with Local 48 as the collective-bargaining representative of its employees engaged in the installation of metal pan acoustical ceilings although the Union had not been certified as the representative of such employees. Respondents filed an answer, verified August 12, 1957, denying that they had committed any unfair labor practices. On August 15 and 16, 1957, a hearing was held before the Trial Examiner at Huntsville, Alabama, in a proceeding under Section 10 (k) of the Act in Cases Nos. 10-CD-88 and 10-CD-89, at which hearing all parties herein were represented by counsel and participated. Thereafter, counsel for all parties entered into a written stipulation in which they: (1) stipulated, among other things, to the business operations of Acousti Engineering of Alabama, Inc., that no labor organization has been certified by the National Labor Relations Board as the bargaining representative of any employees of Acousti, that Local 48 is a labor organization within the meaning of Section 2 (5) of the Act and that at all times material herein T. E. Reid is, and has been, an agent of the Union; (2) waived a hearing before a Trial Examiner and the submission of further evidence in these proceedings; (3) agreed that the entire record in these proceedings shall consist of their stipulation, the charges, the order of consolidation, the complaint, the notice of hearing thereon, the affidavits of service of the foregoing, the answer of the Respondents, and the transcript of the hearing in the proceeding under Section 10 (k) of the Act in Cases Nos. 10-CD-88 and 10-CD-89 together with true copies of the exhibits introduced at said hearing; and (4) further agreed that, upon the record as so constituted, a Trial Examiner designated by the Chief- Trial Examiner, without further notice of proceedings herein, may make findings of 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fact and conclusions of law, and issue an Intermediate Report and Recommended Order in these cases. The Trial Examiner was duly designated by the Chief Trial Examiner for the above-stated purposes. Thereafter, as provided for in the aforesaid stipulation, the Respondents and the Charging Party duly filed briefs with the Trial Examiner, which have been given careful consideration. Upon the entire record in the case, I make the following: FINDINGS OF FACT 1. THE BUSINESS OF ACOUSTI Acousti Engineering of Alabama, Inc., a Delaware corporation, with its principal offices in Birmingham, Alabama, is engaged in the installation of roofing materials and acoustical ceilings. During the past 12 months, which period is representative of all times material hereto, Acousti's income exceeded $700,000, of which it received in excess of $100,000 for services performed for customers each of whom annually ship goods valued at more than $50,000 across State lines or annually performs services valued at more than $50,000 in States other than the State where such customer maintains his principal office and place of business. By reason of the foregoing, I find that Acousti is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. II. THE RESPONDENTS Local Union 48, Sheet Metal Workers' International Association, AFL-CIO, is a.labor organization within the meaning of Section 2 (5) of the Act and, during all times material hereto, T. E. Reid was, and is, its agent. Ill. THE UNFAIR LABOR PRACTICES A. Sequence of events The material facts in this case are not in dispute. These proceedings arise out of a continuing effort by the Respondents to have Acousti assign the installation of metal pan acoustical ceilings, which they claim lies within the Union's trade jurisdiction, to members of Local 48 who are journeymen sheet metal workers and registered apprentices rather than to Acousti's employees, all of whom are either journeymen carpenters or carpenters' apprentices and members of United Brotherhood of Carpenters and Joiners of America, AFL-CIO. See Local Union No. 48, etc., 114 NLRB 1415. Acousti, whose offices and plant are in Birmingham, Alabama, maintains a permanent force of employees in Birmingham and Montgomery, Alabama, who do all its installation work. The Employer obtained several contracts to install metal pan acoustical ceilings in buildings under construction at the Redstone Arsenal in Huntsville, Alabama, including contracts with Blount Brothers Construction Company for such installations in the missile assembly and inspection hangar and the computations laboratory. About July 9, 1957, when Acousti began work in these two buildings Respondents engaged in the conduct, described below, which is alleged in the complaint constitute violations of the Act. Respondents anticipated the possibility of a dispute with the Employer concerning the installation of metal pan acoustical ceilings at the Redstone Arsenal before Acousti began work at the project. Edwin K. Fowler, the area engineer at the Redstone Arsenal for the United States Army Corps of Engineers, testified that in February 1957, Respondent Reid informed him that the installation of metal pan acoustical ceilings "had been ceded by the Carpenters to the Sheet Metal Workers, and they would not permit Acousti to do the work with anybody except sheet metal workers." In June 1957, Fowler was further advised by Reid "that he [Reid] had been . . . unable to reach any agreement with [Acousti] as to the employment of sheet metal workers,' and that he was going to have to take drastic action if [Acousti ] started the work with carpenters." At the end of May 1957 Acousti was undertaking a small installation in the engineering building at the Redstone Arsenal under a contract with Bulter & Cobb. Reid told Acousti's foreman, John A. Gravlee, and another employee who was assisting him, that the installation work "belonged to them." Reid requested Gravlee to ask a representative of Acousti to meet with him about the matter. I The term "sheet metal workers" as used by Reid In the various conversations sum- marized herein and by Respondents on their picket signs was synonymous with members of Local 48. LOCAL UNION NO. 48 217 Gravlee reported the incident to Ryall S. Morgan, Acousti's president, who sent Bill K. Rabb to Huntsville to confer with Reid. A meeting between Rabb and Reid with several others present was held in the afternoon of June 3. Reid stated that the installation of metal pan acoustical ceilings was sheet metal work and that the National Joint Board for the Settlement of Jurisdictional Disputes in the Building and Construction Industry had awarded such work to the Sheet Metal Workers. Rabb informed Reid that Acousti did not recognize the Joint Board, that the National Labor Relations Board had previously ruled that Acousti had the right to assign such work to its own employees and Acousti would continue to do so. Reid suggested that Acousti could employ 3 or 4 men who were members of Local 48 or could use as many sheet metal workers on the job as it did carpenters. On July 9, 1957, Robert G. Buchanan, who was job steward for Local 48 at the Redstone Arsenal, noticed that the installation of metal ceilings in the missile as- sembly and inspection hangar was being performed by persons who were not members of his Union .2 Buchanan arranged to meet Respondent Reid at that building later the same day and in the presence of Harold Roberson, another member of Local 48, who was also working at the project, showed Reid what was taking place. Reid told Buchanan and Roberson that if the matter was not settled Respondents would picket the project the next morning and that such picketing had already been authorized by the Building Trades Council. Reid directed both men to inform the job stewards for the other crafts at the project about the matter. Buchanan and Roberson carried out these instructions. Specifically, they informed the stewards for the following crafts then working on the project of the possibility of a picket line the next day and also that such picketing was authorized by the Building Trades Council: electricians, carpenters, ironworkers, laborers, block masons, insulators, cement finishers, and pipefitters. The dispute was not settled on July 9, and Re- spondents picketed all access roads to the Arsenal on July 10 and in the morning of July 11. The pickets carried placards which read: SHEET METAL WORKERS' LOCAL UNION NO. 48 PICKETING BUILDINGS NO'S - & - BECAUSE OF ACOUSTICAL METAL CEILING BEING INSTALLED BY OTHERS THAN JOURNEYMAN SHEET METAL WORKERS & REGISTERED APPRENTICES The pickets were withdrawn in the forenoon of July 11 and Respondents have not picketed the project since. All employees, except supervisory personnel, of all the contractors 3 and subcontractors 4 engaged in construction work at the Redstone Arsenal remained away from their jobs while Respondents' pickets patrolled the entrances to the project and the construction work was at a halt during this period. On July 10 and 11 a series of meetings was held for the purpose of seeking a solution which would result in the removal of the pickets. At 10 a. m. on July 10 there was a meeting attended by, among others, Reid and Suydam, field superin- tendent for Blount Brothers Construction Company. Reid advised Suydam that the work in dispute had been ceded to the Sheet Metal Workers by the Carpenters. Suydam informed Reid that he had wired the National Joint Board for a decision and asked Reid to remove the picket line immediately without awaiting the Joint Board's award .5 Suydam promised to use his influence with Acousti to induce the Employer to abide by the determination of the Joint Board, or any other agreement between the Carpenters and the Sheet Metal Workers disposing of the matter, and offered to hold up the work in dispute until the controversy was resolved. Later that day Suydam met with Ryall S. Morgan, Acousti's president. Suydam advised Morgan that he had submitted the matter to the National Joint Board and would 3In this regard Buchanan testified, "I showed them my union card and asked them did they mind showing me theirs." s The prime contractors were : Blount Brothers Construction Company, J. A. Jones Construction Company, Bolter & Cobb, Bush Housing Corporation, Batson-Cook Company, and Daniel Construction Company. 4 The subcontractors were : Brown Plumbing and Heating, Inscho's Mechanical Con- tractors, Ashburn & Gray, Hugh J. Hughes, T. C. Little Company, Nichols Plumbing & Heating Company, North Brothers, and others not identified in the record. "All the prime contractors engaged in construction work at the Redstone Arsenal as well as the Union had agreed to-be bound by the jurisdictional determinations of the National Joint Board. 218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD abide by the determination of that agency, and he had agreed to hold up Acousti's work until the Joint Board rendered its award. Morgan stated that Acousti did not recognize the jurisdiction of the National Joint Board. The next morning at still another meeting, Suydam renewed his offer to Reid to hold up Acousti's work until a decision was handed down by the National Joint Board. The pickets were withdrawn by Respondents the same forenoon. On July 26, 1957, the National Joint Board issued a decision in which it assigned the work in dispute at the Redstone Arsenal to sheet metal workers. Although the Union advised the Joint Board that, in accordance with its decision, it will not engage in any work stoppage or threat of work stoppage at the Arsenal, Acousti informed the Joint Board that it did not consider itself bound by the award. However, Acousti has been prevented by, the prime contractor, Blount Brothers Construction Company, from continuing the work in dispute and at the present time a proposal is under consideration to eliminate the work by changing the specifications for the job. B. Conclusions Although the controversy herein has its origin in a dispute between the Respondents and Acousti concerning the assignment of work and proceedings for a determination of such dispute are presently pending before the Board, the complaint in this case does not allege any violation of Section 8 (b) (4) (D) of the Act and hence the resolution of the issues herein is not dependent upon the outcome of the pending proceeding under Section 10 (k) of the Act. Likewise, the actions of the National Joint Board in their efforts to resolve the jurisdictional conflict regarding the installa- tion of metal pan acoustical ceilings at the Redstone Arsenal have no direct-bearing upon the issues in this case. The gravamen of the alleged violations of the At lies in Respondents' involvement of neutral employers in their dispute with Acousti and their attempt to cause the Employer to discriminate against its employees. When Respondents stationed pickets at the entrances to the Redstone Arsenal on July 10 and 11, 1957, they induced and encouraged employees of contractors and subcontractors, other than Acousti, to engage in a concerted refusal to perform services and as a result all construction activities came to a halt. That this was the function intended to be served by the picketing is manifest from the inscription on the placards carried by the pickets and the forewarning of the event given to the job stewards for the various trades engaged in work at the project. Although Respondents dispute was with Acousti alone the signs did not state against whom the picketing was directed and such omission indicates that reference was being made to all the employers doing construction work on project or at least to all the employers performing work in certain unspecified buildings. Any possible doubt regarding the scope of the appeal intended by the picket signs is dispelled by the fact that on July 9, at the direction of Respondent Reid, the job stewards for various crafts, all of whom were working for employers other than Acousti, were alerted to the possibility that Local 48 would begin picketing the project the next day and in addition were advised that such contemplated action had the approval of the Building Trades Council. This, of course, was an appeal to such employees to respect the picket line by refusing to enter the Arsenal to report for work .6 Because the picketing was not confined to Acousti, the primary employer involved in the dispute with the Respondents, it cannot be considered to have been "primary picketing." 7 By inducing employees of contractors and subcontractors working at the Redstone Arsenal to remain away from their jobs on July 10 and 11 Respondents are deemed to have intended the natural consequences of their conduct which, in this case, was to force or require the employers of these employees to cease doing business with other persons. Specifically, the various contractors and subcontractors were forced to stop work they were doing for one another and, in particular, Blount Brothers Construction Company was forced to cease doing business with Acousti. Such object is proscribed by subdivision (A) of Section 8 (b) (4) of the Act. An additional purpose for the picketing was to compel Acousti to use only members of Local 48 to do its installation work at the Redstone Arsenal and thus to force e Also it is fairly inferied from the evidence herein that Respondents expected that the various job stewards would in turn transmit their information about the possible picketing to other members of their unions who were working with them at the Redstone Arsenal. 7 Local Union No 55, etc (Professional and Business Men's Life Insurance Company), 108 NLRB 303, enfd 210 F 2d 220 (C A 10) ; John A. Piezonki v AT. L R B, 219 F.' 2d 879 (C A 4) ; Brotherhood of Painters, Decorators & Paperhangers of America, Local Union No 1730 (Painting and Decorator Contractors), 109 NLRB 1163. LOCAL UNION NO. 48 219' or require Acousti to recognize Local 48 as the representative of such employees although Local 48 has not been certified as their bargaining agent. This is an object proscribed by subdivision (B) of Section 8 (b) (4) of the Act. Accordingly, I find that, by inducing and encouraging employees of neutral employers to engage in a concerted refusal in the course of their employment to perform services to accomplish the aforesaid objectives, Respondents have violated Section 8 (b) (4)' (A) and (B) of the Act. As stated above, Respondents made demands upon Acousti to replace its employees who were engaged in the installation of metal pan acoustical ceilings at the Redstone Arsenal with members of Local 48 or to compel such employees to join Local 48. Had Acousti bowed to Respondents' demands it would have discriminated against such employees in violation of Section 8 (a) (3) of the Act. Therefore, by picketing the Redstone Arsenal on July 10 and 11, 1957, to enforce their demands, Respondents were guilty of an attempt to cause Acousti to discriminate against its employees engaged in work at the arsenal 8 and, accordingly , have violated Section 8 (b) (2) of the Act. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, etc., (Carrier Corporation), 112 NLRB 1385, enforced, 231 F. 2d 447 (C. A. 5); Denver Building and Construction Trades Council, et al. (Henry Shore), 90 NLRB 1768, enfd. 192 F. 2d 577 (C. A. 10). Since Reid's directions that its controversy with Acousti should be advertised to the employees engaged in construction work at the Redstone Arsenal were carried out, knowledge that Respondents picketed the project to compel employment of mem- bers of Local 48 to perform the work in dispute was widespread. Respondents' conduct, therefore, served to restrain and coerce employees in the exercise of'the rights guaranteed to them in Section 7 of the Act, specifically, the right of Acousti's employees to refrain from joining Local 48, because they knew it constituted a direct threat upon their opportunities for continuous and uninterrupted employment by Acousti. Accordingly, I further find that Respondents violated Section 8, (b) (1) (A) of the Act.9 IV. THE EFFECT OF UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondents, set forth in section III, above, occurring in connection with the operations of Acousti Engineering of Alabama, Inc., described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. CONCLUSIONS OF LAW 1. By attempting to cause Acousti Engineering of Alabama , Inc., to discriminate against its employees in violation of Section 8 (a) (3) of the Act, the Respondents have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (2) of the Act. 2. By restraining and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act, Respondents have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act. 3. By inducing and encouraging employees of Blount Brothers Construction Com- pany and other employers ( other than Acousti ) doing construction work at the Redstone Arsenal to engage in a concerted refusal in the course of their employment to perform any services for their employers where an object thereof is to force or require Blount Brothers Construction Company and such other employers to cease doing business with Acousti Engineering of Alabama , Inc., or with any employer or other person, the Respondents have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (4) (A) of the Act. 8 That Acousti might have satisfied the Respondents without engaging in an act of discrimination by hiring as many additional sheet metal workers as it had employees of its own on the job does not cure the unlawfulness of Respondents' attempt to cause, the employer to discriminate against its employees B Coal, Gasoline and Fuel Oil Teamsters, etc, 113 NLRB 111 ; Clara-Val Packing Com- pany, 87 NLRB 703, enforcement denied on grounds not ielevant here, 191 F 2d 556 (C A. 9) ; N. L R B v. Philadelphia Iron Works, etc., 211 F. 2d 937 (C A 3). But see N. L. R. B. v., Local 369, etc., International Hod Carriers, etc, 240 F. 2d 539 (C. A, 3), rehearing denied , 240 F. 2d 544 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. By inducing and encouraging employees of Blount Brothers Construction Company and other employers (other than Acousti) doing construction work at the Redstone Arsenal to engage in a concerted refusal in the course of their employ- ment to perform any services for their employers where an object thereof is to force or require Acousti Engineering of Alabama, Inc., to recognize the Respondent, Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, as the representative of its employees engaged in the installation of metal pan acoustical ceilings, although said labor organization was not certified as the representative of such employees under the provisions of Section 9 of the Act, the Respondents have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (4) (B ) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] APPENDIX NOTICE TO ALL MEMBERS OF LOCAL UNION No. 48, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO' Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the Labor Management Relations Act, we hereby notify you that: WE WILL NOT picket or threaten to picket any premises where Acousti Engi- neering of Alabama, Inc., is engaged in the installation of metal pan acoustical ceilings to compel Acousti Engineering of Alabama, Inc., to make membership in our organization a condition of employment, except in accordance with the provisions of Section 8 (a) (3) of the National Labor Relations Act, or other- wise attempt to cause Acousti Engineering of Alabama, Inc., to discriminate against its employees in violation of Section 8 (a) (3) of the Act. WE WILL NOT by like or related conduct restrain or coerce employees of Acousti Engineering of Alabama, 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. WE WILL NOT induce or encourage any employees of any employer (other than Acousti Engineering of Alabama, Inc.,), to engage in a strike or a con- certed refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services for their respective employers, where an object thereof is (1) to force or require such employer to cease doing busi- ness with Acousti Engineering of Alabama, Inc., or (2) to force or require Acousti Engineering of Alabama, Inc., to recognize Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, as the collective-bargain- ing representative of any of its employees, unless and until the National Labor Relations Board certifies said labor organization as such representative in accordance with the provisions of the National Labor Relations Act, as amended. LOCAL UNION No. 48, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Labor Organization. Dated------------------- By-- - - --------------------------------------- (Agent or Representative) (Title) Dated--- ---------------- By--------- ------------------------ (T. E REID, Agent) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. 'With respect to copies of this notice which are submitted to employers for posting at the Redstone Arsenal or at other premises there shall be Inserted In the caption of each such notice. the words "And to All Employees" followed by the name of the employer at whose premises the said notice Is to be posted.