Local Union No. 48

LOCAL UNION NO. 48 221 Local Union No. 48, Sheet Metal Workers' International Asso- ciation, AFL-CIO and Acousti Engineering of Alabama, Inc. T. E. Reid, Agent of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO and Acousti Engineer- ing of Alabama, Inc. Cases Nos. 10-CD-88 and 10-CD-89. March 28, 1958 DECISION AND ORDER Upon charges duly filed on July 15 and 23, 1957, by Acousti Engi- neering of Alabama, Inc., herein called Acousti, the General Counsel for the National Labor Relations Board, herein called the General Counsel, by the Regional Director for the Tenth Region, issued a. complaint dated November 25, 1957, against Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, and its agent, T. E. Reid, herein collectively called the Respondents, alleging that the Respondents had engaged in unfair labor practices within the meaning of Section 8 (b) (4) (D) and Section 2 (6) and (7) of the Act. Copies of the complaint, charges, and notice of hearing were duly served upon the Respondents and the Charging Party. With respect to unfair labor practices, the complaint alleged that the Respondents had engaged in and were inducing the employees of various employers to engage in a strike or a concerted refusal to per- form services with an object of forcing or requiring Acousti to assign the work of installing metal pan acoustical ceilings to members of Respondent Local 48 rather than to members of another labor or- ganization or another trade, craft, or class. The complaint also alleged that, pursuant 'to Section 10 (k) of the Act, the Board on October 28, 1957, had issued a determination of the dispute 1 which gave rise to the unfair labor practice charges and that the Respond- ents have not taken any steps to comply with the terms of the de- termination. On or about December 10, 1957, the Respondents filed an answer to the complaint admitting certain allegations, denying others, and asserting affirmatively that the dispute was over wages, hours, and working conditions, and that the dispute has been settled by the National Joint Board for Settlement of Jurisdictional Disputes, herein called the Joint Board. Thereafter all parties joined in a motion to transfer the proceeding directly to the Board. In their 'motion, the parties agreed to waive a hearing before a Trial Examiner, the making of findings of facts and conclusions of law by a Trial Examiner, and the issuance of an Intermediate Report. The parties further stipulated that the entire record shall consist of the complaint and notice of hearing, the Re- 1119 NLRB 157. 120 NLRB No. 35. 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD spondents' answer, the order indefinitely postponing the hearing, an attached stipulation of fact, and the exhibits, transcript of testimony, briefs and the Determination of Dispute in the proceeding under Sec- tion 10 (k) of the Act. On January 21, 1958, the Board granted the aforesaid motion and transferred the proceeding to the Board for the purpose of making findings of fact, conclusions of law, and the issu- ance of an order. Subsequently, Acousti and the Respondents submitted memoranda incorporating the briefs submitted in the earlier Section 10 (k) proceeding. Upon the basis of the stipulation of the parties and the entire record in the case, the Board makes the following : a FINDINGS OF FACT I. THE COMPANY'S BUSINESS Acousti Engineering of Alabama, Inc. is a Delaware corporation having its principal offices in Birmingham, Alabama. It is engaged in the installation of roofing materials and acoustical ceilings. Dur- ing the 12 months preceding the hearing in the Section 10 (k) dispute proceeding, Acousti had total revenues exceeding $700,000 of which in excess of $100,000 was received for services performed for cus- tomers each of which annually ships goods or performs services out- side the State of Alabama valued at more than $50,000. We find that Acousti is engaged in commerce within the meaning of the Act. II. THE LABOR ORGANIZATION INVOLVED Local Union No. 48, Sheet Metal Workers' International Associa- tion, AFL-CIO, is a labor organization within the meaning of Section 2 (5) of the Act. II. THE ALLEGED UNFAIR LABOR PRACTICES A. Sequence of events The facts are fully set forth in the Decision and Determination of Dispute issued in the Section 10 (k) proceeding.' Briefly they are: Acousti, an installer of acoustical tile, had a subcontract to install metal pan acoustical ceilings in certain buildings of the Redstone Arsenal in Huntsville, Alabama. The-Respondents requested that members of the Sheet Metal Workers be employed to do the installa- tion work. Acousti refused the request and assigned its own men, who are members of the Carpenters' union, to the job. On July 9, 1957, 2 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]. 3 119 NLRB 157. LOCAL UNION NO. 48 223 representatives of the Respondents notified stewards for other crafts working on the project that picketing would take place the following morning if no settlement was reached and that the picketing 'had been authorized by the Building Trades Council. On July 10, 1957, the Respondents posted pickets at all access roads leading to the arsenal with signs stating that Respondent Local 48 was picketing "Because of Acoustical Metal Ceiling Being Installed by Others Than Journey- men Sheet Metal Workers & Registered Apprentices." As a result of the picketing employees of other contractors and subcontractors refused to report for work, halting operations at the project. After 2 days of picketing, the Respondents and the prime contractor, Blount Brothers Construction Company, agreed that the dispute would be submitted to the Joint Board with Acousti's work being held up pend- ing.a determiliation, and that meanwhile the picketing would cease. Acousti refused to agree to these terms of settlement pointing out that it had never recognized the Joint Board and that it had the legal right which it intended to exercise to complete the work with its own employees. Despite Acousti's opposition, Blount submitted the dis- pute to the Joint Board which decided that Respondent Local 48 was entitled to perform the work of installing the acoustical ceilings. Acousti refused to be bound by the award, asserting that the Joint Board,acted without authority. Picketing was discontinued on July 11, and has not been resumed. Blount has prevented Acousti from continuing with its subcontract. At the time of the hearing, Blount had submitted a proposal to a Government engineer for changing job specifications so as to eliminate the disputed work. On October 28, 1957, the Board issued a Decision and Determination of Dispute pursuant to Section 10 (k) of the Act 4 The parties have stipulated that the Respondents have neither complied, nor taken any steps to comply, with the Board's Determination of Dispute. B. Conclusions The single question presented is whether the Respondents' ,conduct violated Section 8 (b) (4) (D) of the Act.5 We find that it did. The picketing was clearly aimed at inducing employees working at the Redstone Arsenal project not to report for work and therefore not 4 119 NLRB 157 S Section 8 (b) (4) (D) provides that it shall be an unfair labor practice for a labor organization or its agents (4) to engage in, or to induce or encourage the employees of any employer to engage in, a strike . . . where an object thereof is . . . . ( D) forcing or reduiung any em- ployer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class, rather than to employees in another labor organization or in another trade , craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining repre- sentative for employees performing such work. . . . , ' . 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to perform their usual services. That this was the intended result of the picketing is manifest from the care taken by the Respondents to inform stewards of other crafts in advance of the picketing that it was going to take place and that it had been authorized by the Build- ing Trades Council. This was the equivalent of instructing the ini- tiated that they were expected to honor the picket line. The object of the picketing was also clearly established. Both the picket signs and the course of negotiations which led to the impasse and picketing make plain that an object of the picketing was to force Acousti to assign the work of installing metal pan acoustical ceilings to members of Respondent Local 48 rather than to Acousti's own employees. There is no contention and no evidence that, in refusing to accede to the demands of the Respondents, Acousti was failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work. As an affirmative defense, the Respondents contend that their dispute with Acousti was over the failure of the latter "to establish and maintain wages, hours and conditions of employment for its employees equivalent to or comparable with those established for workers in-the sheet metal industry in this area. . . ." The evidence does not support this defense. The dispute with Acousti was not over pay to employees assigned by Acousti, but as to which group of employees was to perform the work. This is clear from the picket signs which proclaimed that the picketing was "Because of Acoustical Metal Ceiling Being Installed by Others than Journeymen Sheet Metal Workers & Registered Apprentices." As a second affirmative defense, the Respondents contend that the dispute was determined by the Joint Board in a decision which was binding upon Acousti. However, as set forth at length in the Board's Decision and Determination of Dispute, Acousti had never agreed to be bound by the Joint Board procedures and has refused to accept the determination of that agency. Under the circumstances, we find this defense to be without merit.' Accordingly, we find that the Respondents have violated Section 8 (b) (4) (D) of the Act. THE REMEDY Having found that the Respondents have violated Section 8 (b) (4) (D) of the Act, we shall order them to cease and desist from such conduct. We shall also order them to take certain affirmative action designed to effectuate the policies of the Act. The dispute at the Redstone Arsenal reflects a fundamental dis- agreement between the Respondents and Acousti as to which employees a Other defenses urged by the Respondent were considered and disposed of in the Decision and Determination of Dispute. LOCAL UNION NO. 48 225 shall install metal acoustical tiles. It is not limited to the Redstone Arsenal project. Accordingly, our order will be coextensive with the potential threat and will direct the Respondent to cease and desist from similar unlawful conduct directed at Acousti anywhere within the territorial jurisdiction of Respondent Local 48. CONCLUSIONS OF LAW 1. Local Union No. 48, Sheet Metal Workers' International Asso- ciation, AFL-CIO, is a labor organization within the meaning of Section 2 (5) of the Act. T. E. Reid is an agent of the aforesaid labor organization. 2. By inducing or encouraging the employees of Blount Brothers Construction Company and other employers engaged in work at the Redstone Arsenal, Huntsville, Alabama, to engage in a strike or a concerted refusal in the course of their employment to perform any services for their employers with an object of forcing or requiring Acousti Engineering of Alabama, Inc., to assign the work of installing metal pan acoustical ceilings to members of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, rather than to Acousti's own employees who are not members of that labor organiza- tion, the Respondent's have engaged in and are engaging in unfair labor practices within the meaning of Section 8 (b) (4) (D) of the Act. 3. The aforesaid 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 the case, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondents, Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, its agent T. E. Reid, their representatives, agents, successors, and assigns, shall: 1. Cease and desist from engaging in, or inducing or encouraging the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment to perform any services, where an object thereof is to force or require Acousti Engineering of Alabama, Inc., to assign the work of installing metal pan acoustical ceilings to members of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, rather than to employees who are not members of that labor organization, unless Acousti Engineer- ing of Alabama, Inc., is failing to conform to an order or certifica- tion of the Board determining the bargaining representative for employees performing such work. 483142-59=vol. 120-16 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 hereto marked "Appendix A." 7 Copies of said notice, to be furnished by the Regional Director for the Tenth Region, shall, after being duly signed by an authorized representative of Local Union No. 48, Sheet Metal Workers' Inter- national Association, AFL-CIO, and by T. E. Reid, be posted by the Respondents immediately upon receipt thereof, and be maintained by them for a period of sixty (60) consecutive days thereafter in con- spicuous places, including all places where notices to members of Respondent Local Union No. 48 are customarily posted. Reasonable steps shall be taken by the Respondents to insure that said notices are not altered, defaced, or covered'by any other material. (b) Notify the Regional Director for the Tenth Region in writing, within ten (10) days from the date of this Order, what steps the Respondents have taken to comply herewith. 7In the event this Order is enforced by decree of a United States Court of Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the words "Pur- suant to a Decree of the United States Court of Appeals, Enforcing an Order APPENDIX NOTICE TO ALL ME1 BERS OF LOCAL UNION-No: 48, Sii-EET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO Pursuant to a Decision and Order 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 engage,in, or induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment to perform any services, where an object thereof is to force or require Acousti Engineering of Alabama, Inc., to assign the work of installing metal pan acou- stical ceilings to members of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, rather than to employees who`are not members of that labor organization, unless Acousti Engineering of Alabama, Inc., is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work. LOCAL UNION No. 48, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Labor Organization. Dated---------------- By------------------------------------- (Agent or Representative ) ( Title) Dated---------------- By----------------- .-------------------- (T. E. REin, Agent) -