J. G. Coward, Jr., Ditching Service

J. G. COWARD, JR., DITCHING SERVICE 351 Accordingly, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9(b) of the Act: All lithographic production employees at the Employer's Rochester, New York, Eastern Printing plant, including the copy artists, model- makers, opaquers, combination camera-stripping men, in the litho- graphic preparation department; the pressmen, helpers, and service- men, in the press department; and the platemakers in the platemaking department; but excluding all employees in the paper processing, warehousing, and finishing departments; the preparatory planners, material gatherers, preparatory inspectors, and the operators of the Vari-Typer and headliner in the lithographic preparation depart- ment; the numbering machine repairman and the OK and MICR inspectors in the press department; office clerical employees, profes- sional employees, all other employees, guards, and supervisors as defined in the Act. J. G. Coward, Jr., d/b/a J. G. Coward, Jr., Ditching Service and Port Arthur and Vicinity Building and Trades Council A.F.L.- C.I.O. and/or the International Hodcarriers , Building and Common Laborers of America , Local Union 853, A.F.L.-C.I.O. Case No. AO-45. October 19, 1962 ORDER DISMISSING PETITION FOR ADVISORY OPINION On September 4, 1962, J. G. Coward, Jr., d/b/a J. G. Coward, Jr., Ditching Service, herein called the Petitioner, filed a petition for advisory opinion in the above-entitled proceeding alleging the exist- ence of an injunction suit pending in the 60th District Court of Jeffer- son County, Texas, as Docket No. B-79538, filed by the Petitioner against Port Arthur and Vicinity Building and Trades Council A.F.L.-C.I.O., and International Hodcarriers Building and Com- mon Laborers of America, Local Union 853, A.F.L.-C.I.O., herein called Trades Council and Hodcarriers, respectively. On Septem- ber 19, the Trades Council filed an answer alleging that the pending district court proceeding, docket No. B-79538, had been dismissed by the district court judge. By letter dated September 27, 1962, Petition- er's Counsel reiterated the request for an advisory opinion while con- ceding that the injunction suit is no longer pending. The Board hav- ing duly considered this matter, IT IS HEREBY ORDERED that the Petition for advisory opinion be, and it hereby is, dismissed as there is no proceeding involving the ques- tion of the Board's jurisdiction over the operations of the Petitioner pending in any agency or court of any State or Territory. 139 NLRB No. 26. 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Galveston Maritime Association , Inc.; Houston Maritime Asso- ciation, Inc.; Master Stevedores Association of Texas and H. H. Field Galveston Maritime Association , Inc.; Houston Maritime Asso- ciation, Inc.; Master Stevedores Association of Texas; and the Individual Member Companies Listed in "Appendix A" and Attached Hereto and G. R. Vinson Local 1351, Steamship Clerks and Checkers, International Long- shoremen's Association, Independent ; C. B. Morrow, Business Agent; International Longshoremen's Association, Local 1665, Independent ; T. M. Bennett, President ; South Atlantic and Gulf Coast District, International Longshoremen's Associa- tion, Independent, Ralph Massey, President and H. H. Field Local 1351, Steamship Clerks and Checkers, International Long- shoremen's Association, Independent ; C. B. Morrow, Business Agent; Avenue N Corporation ; South Atlantic and Gulf Coast District, International Longshoremen's Association, Independ- ent; International Longshoremen's Association, Independent and G. R. Vinson. Cases Nos. 39-CA-482, 39-CA-524, 39-CB- 90, and 39-CB-124. October 22, 1962 SUPPLEMENTAL DECISION AND AMENDED ORDER On December 29, 1958, the Board issued its Decision and Order in the above-entitled proceeding' in which the Board found, among other findings of unfair labor practices, that the Respondents violated the Act by maintaining in effect an exclusive hiring-hall arrangement which failed to conform to the standards set forth by the Board in Mountain Pacific? The Board was of the opinion that absent the safeguards specified in Mountain Pacific, an agreement which dele- gates exclusive hiring control to a union unlawfully encourages mem- bership in the union and thus constitutes a per se violation of the Act. However, the Board further noted that, apart from the Re- spondents' failure to provide for such safeguards, the Respondents had actually imposed discriminatory conditions of employment by maintaining unlawful conditions of employment, including a practice of preferential hiring for members of Respondent Unions. Thereafter, the Board sought enforcement of its Order before the United States Court of Appeals for the Fifth Circuit. Before the Board's petition was heard, the Board moved the court for leave to withdraw its petition for enforcement and to have the case remanded to the Board for reconsideration in the light of the Supreme Court's 1122 NLRB 692. 2 Mountain Pacific Chapter of the Aeaoeiated General Contractors , Inc., 119 NLRB 883. 139 NLRB No. 9. GALVESTON MARITIME ASSOCIATION, INC., ETC . 353 supervening decisions in Local 357, IBT,3 and Carpenters' Local 60.' The Court granted the Board's motion without prejudice. In Local 357, the Supreme Court rejected the Board's Mountain Pacific doctrine and held that the grant of exclusive power to a union to refer applicants for employment does not by itself justify an infer- ence of illegality. In view of the Supreme Court's holding, we now hold that the Respondent Associations and the Respondent Unions did not, by virtue of the delegation alone, respectively violate Sec- tion 8(a) (1) (2) and (3) and Section 8(b) (2) and (1) (A) of the Act. But nothing in the Supreme Court's opinion in Local 357 requires modification of our earlier findings, based on evidence other than the mere fact of a delegation of an exclusive power to hire, that the Respondent Associations and their Member Companies violated Sec- tion 8(a) (1) (2) and (3) by being parties to a hiring arrangement with Respondent Local 1351 which gave preference in employment to members of said Local and its sister locals 5 and which required job applicants as a condition of employment to designate Local 1351 as their bargaining representative and pay it a percentage of their wages; by facilitating Local 1351's collection of such percentages; and by discriminating against job applicants Linnenberg and Vinson because they were not members of Local 1351 and because they had filed unfair labor practice charges against the Respondents. Nor are we required by the Supreme Court decision to modify our findings that Respondent Unions and Local 1351's business agent, Morrow, violated Section 8(b) (2) and (1) (A) of the Act by maintaining and operating an unlawful hiring hall and by causing the employers to discriminate against job applicants Linnenberg and Vinson for the reasons set forth above. In our earlier decision herein we found, in the circumstances of these cases, that it would effectuate the policy of the Act to require the Respondent Associations and their Member Companies to with- draw recognition from Respondent Local 1351 until Local 1351 had demonstrated its exclusive majority status pursuant to a Board- conducted election among Respondent Companies' employees. We also found, on the basis of a then reaffirmation of precedent,' that because of the operation of the unlawful hiring hall, employees were coerced to become and remain union members and thus become obli- gated to pay initiation fees, dues and other union obligations, in- 8 Local 357, International Brotherhood of Teamsters, etc. v. N.L R.B., 365 U S. 667. Local 60, United Brotherhood of Carpenters , etc. v. N L R B, 365 U.S. 651. 5 Cf. Teamsters and Allied Workers Hawaii Local 996 ( Twentieth Century-Fox Film Corporation), 134 NLRB 1556. e See United Association of Journeymen & Apprentices of Plumbing & Pipefitting In- dustry, etc. (J. S. Brown-E. F. Olds Plumbing & Heating Corporation), 115 NLRB 594. 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD eluding percentage fees, and that it was essential, in order to expunge the effects of these exactions, to order their refund. In Local 60, supra, the Supreme Court held that the Board lacked authority to order a refund of dues and fees in the absence of evidence that the "moneys" thus collected were coerced by unfair labor prac- tices. In the circumstances of these cases, we now modify that por- tion of our Order relating to the refund of union initiation fees, dues, and other similar union obligations. The same consideration, how- ever, as we pointed out in Houston Mllaritime,' does not apply to the refund of percentages. However, since the present Board Members take different positions respecting the exaction of percentage fees to meet the costs of operat- ing the union hiring ha11 in the circumstances of these cases, we are modifying our previous Order to reflect such positions.8 Members Rodgers and Leedom would find, as they did in Houston Maritime, that in the light of the discriminatory practices engaged herein by the Respondents, the requirement that all employees pay a percentage of their wages as a condition of employment was, in itself, unlawful dis- crimination which tended to encourage nonmembers to join the Union and those who were members to remain so. They, therefore, would refund the percentages exacted from members and nonmembers alike. Members Fanning and Brown believe that a distinction exists here, as in the Houston Maritime case, in the treatment of union and non- union job applicants. While they do not consider it unlawful for it union operating it hiring hall to charge job applicants a reasonable fee for referral services, they regard it as quite another thing for a union to require nonunion applicants to pay a service fee for the support of an unlawful hiring hall, which accords nonmembers the dubious privilege of being assigned to the bottom of the referral list because they lack union membership. Because of the discrimination practiced here against nonunion members in job referrals, Members Fanning and Brown consider the imposition of a percentage fee in such circum- stances discriminatory as to nonmembers. Chairman McCulloch joins Members Fanning and Brown in finding that the exaction of the per- centage, or service, fee was unlawful so far as nonmembers were con- cerned, although he deemed the evidence in Houston Maritime insuffi- cient to support such a finding there. In both cases, the Chairman points out, the service fee in question was a percentage of actual earn- ings; hence, a nonunion employee who was wrongfully denied his fair share of job referrals paid correspondingly lesser fees. Thus, it could not be said on that ground alone that the nonunion employee had been discriminated against. In the present case, however, unlike Houston 'Houston Dtartlime Association, Inc, 136 NLRB 1222. Chairman McCulloch's dissenting position as to the "percentages" involved in the Houston Maritime case is distinguished below 8 See Houston Maritime Association, Inc., supra GALVESTON MARITIME ASSOCIATION, INC., ETC. 355 Maritime, the record shows that Local 1351 charged its members only nominal dues of $1 per month while using the funds derived from the percentage fee to defray a large part of its general expenses. In 1956 the latter included items (e.g., per capita taxes and assessments paid to the ILA International and District, traveling expenses of conven- tion delegates and a "member's death benefit") which totaled far more than the Local's maximum possible dues receipts and were plainly un- related to the operation of the hiring hall or any other activities or services which could be deemed beneficial to nonmembers.' It thus follows that a majority of the Board is holding, on the question of the refund of moneys unlawfully exacted as percentages, that, in the cir- cumstances of these cases, only by exacting a service fee as a percentage of wages from nonmember job applicants as a condition of employ- ment, did the Respondent Associations and their Member Companies violate Section 8(a) (1) (2) and (3), and the Respondent Unions vi- olate Section 8(b) (1) (A) and (2) of theAct.10 TIIE REMEDY Having duly considered our findings herein in the light of the perti- nent Supreme Court decisions and having concluded that the Re- spondents have engaged in certain unfair labor practices, we shall direct them to cease and desist therefrom and to take certain affirma- tive action designed to effectuate the policies of the Act as set forth in our prior Decision and Order as herein modified. We have found that the Respondents engaged in unlawful conduct by, among other things, requiring nonunion employees to pay Respondent Local a per- centage of their earnings as the price of securing and retaining em- ployment. Since a majority of the Board has voted in favor of refunding percentages exacted from nonmembers only, we shall amend our previous Order to provide that the Respondents jointly and severally refund such moneys to present and former nonmember em- ployees beginning with a date 6 months prior to the date of the filing and service of the initial charge herein against these Respondents and extending to all moneys thereafter paid which have not heretofore been refunded. In agreement with the Trial Examiner, we shall order that em- ployees G. R. Vinson and Frank A. Linnenberg be made whole for any loss of pay suffered by reason of the discrimination against them in the manner and to the extent set forth in the Intermediate Report e Up to the middle of 1955 , moreover , the members of Local 1351 paid service fees of only 2 percent of their earnings , while the nonmembers paid 5 percent ; and in November of that year the members alone received certain lump sum payments in the nature of rebates io The Board is unanimous in reversing its previous Decision herein insofar as it implied that Respondent Local may not, in any circumstances, charge member or nonmember job applicants a reasonable referral fee consisting of a percentage of wages 672010-63-vol 139-24 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as modified in our prior Decision and Order. In view of the fact that a finding that Respondent Member Companies discriminated against Linnenberg is barred by Section 10(b) of the Act, we shall not im- pose any backpay liability on them as to Linnenberg. The Respondents' liability for the refund of moneys due under our previous Order, as herein modified, is, of course, subject to limitations set forth in our earlier decision. Thus, a Member Company's liability shall be limited to the moneys paid by its employees to Respondent Local 1351 so that one Member Company shall not be liable for the re- fund of moneys paid by the employees of another Member Company. Furthermore, the period of liability for each Respondent shall begin 6 months before the date of the filing and service of the initial charge against such Respondent and shall extend to all moneys thereafter paid which have not heretofore been refunded. All Member Com- panies shall be exempt from any liability for backpay to Linnenberg in view of the fact that a finding that the Member Companies discrim- inated against Linnenberg is barred by Section 10(b) of the Act. Furthermore, Respondent International's liability for backpay and the refund of percentages for the period from the date of the Inter- mediate Report to the date of the original Decision and Order herein shall be abated as the Trial Examiner dismissed the complaint against the International." AMENDED ORDER Upon the entire record in these cases, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that : A. The Respondents, Houston Maritime Association, Inc., Houston, Texas; Master Stevedores Association of Texas, Houston, Texas, and the individual Respondent Companies, listed on Appendix A herein, who are members of these Associations, their officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Performing, maintaining, or giving effect to any hiring system, practice, or arrangement with Local 1351, Steamship Clerks and. Checkers, International Longshoremen's Association, Independent, and International Longshoremen's Association, Independent, which unlawfully grants preference in employment to members of said Un- n Although the Board's practice with respect to the abatement of backpay and other monetary awards has been changed since the issuance of our previous decision herein (see A P W. Products Co., Inc., 137 NLRB 25, Members Rodgers and Leedom dissenting), in view of the fact that the present cases are now here before us on our own request for reconsideration , we think this is a circumstance that does not call for a modification of our previous decision abating the Respondent International 's liability for backpay and the refund of percentages ( the refund of initiation fees, dues, and other like moneys having now been eliminated ) for the period from June 6, 1957 , the date of the Intermediate Report dismissing the complaint against the Respondent International, to December 29, 1958, the date of our original Decision and Order. GALVESTON MARITIME ASSOCIATION, INC., ETC . 357 ions, or any other labor organization, or which unlawfully requires em- ployees and applicants for employment, as a condition of employment, to designate Local 1351, or any other labor organization, as their bargaining agent, or unlawfully requires employees or applicants for employment to pay or agree to pay to said Local 1351, or any other labor organization, a percentage of their earnings derived from such employment. (b) Encouraging membership in, or activities on behalf of, the above-named Unions, or any other labor organization, by giving preference in employment to members of such organizations, or in any other manner discriminating against employees or applicants for employment in regard to their hire or tenure of employment, or other terms or conditions of employment. (c) Discriminating against G. R. Vinson and Frank A. Linnenberg because they are not members of said Local 1351 or because said indi- viduals filed charges against Respondents.12 (d) Unlawfully assisting or contributing support to said Local 1351 or any other labor organization of their employees. (e) In any other manner, interfering with, restraining, or coercing employees or applicants for employment in the exercise of the rights guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Notify G. R. Vinson, Frank A. Linnenberg, the Respondent Local 1351, and the Respondent International Longshoremen's As- sociation, Independent, in writing, that they have no objection to the employment of said Vinson and Linnenberg because of their member- ship or nonmembership in said labor organizations or because they have filed charges against the Respondents. (b) Preserve and, upon request, make available to the Board, or its agents, for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amounts of backpay and other moneys due, and the rights of employment under the terms of this Amended Order. (c) Post at their respective offices in Houston, Texas, and other places of business in the Port of Houston and vicinity, copies of the notice attached hereto marked "Appendix B." 13 Copies of said notice, to be furnished by the Regional Director for the Twenty-third Region, shall, after being duly signed by an authorized representative of the m As the Member Companies were not found to have discriminated against Linnenberg, section A (1) (c) and section A(2) (a) of this Amended Order relating to Linnenberg shall not apply to them. is 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." 358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Respondent Houston Maritime Association, Inc., of Respondent Master Stevedores Association of Texas, and of each Respondent Company, be posted by them immediately on receipt thereof and be maintained by them for 60 consecutive days in conspicuous places, in- cluding all places where notices to employees are customarily posted. Reasonable steps shall be taken by said Respondents to insure that said notices are not altered, defaced, or covered by any other material. (d) Post at the same places and under the same conditions as set forth in (c) above, as soon as they are forwarded by the Regional Director, copies of the Respondent Unions' notice herein marked "Appendix C." (e) Mail to the Regional Director for the Twenty-third Region signed copies of the notice attached hereto marked "Appendix B" for posting by Respondent Local 1351, Respondent International Long- shoremen's Association, Ind., and Respondent C. B. Morrow, at their respective offices, hiring halls, and meeting halls, in places where no- tices to members and other persons using Local 1351's hiring hall are customarily posted. Copies of said notice, to be furnished by the Re- gional Director, shall, after being duly signed by representatives of the Respondent Associations and each Member Company thereof, be forthwith returned to the Regional Director for such posting. Notify the Regional Director for the Twenty-third Region, in writ- ing, within 10 days from the date of this Amended Order, what steps the Respondent Associations and Respondent Companies have taken to comply herewith. B. Respondent Local 1351, Steamship Clerks and Checkers, Inter- national Longshoremen's Association, Independent, and Respondent International Longshoremen's Association, Independent, their officers, representatives, agents, including the Respondent C. B. Morrow, busi- ness agent of Local 1351, successors, and assigns, shall : 1. Cease and desist from : (a) Performing, maintaining, or giving effect to any hiring system, practice, or arrangement with Houston Maritime Association, Inc., or Master Stevedores Association of Texas, or any of the Member Com- panies thereof, which unlawfully grants preference in employment to members of Respondent Unions, or which unlawfully requires em- ployees and applicants for employment, as a condition of employment, to designate Respondent Local 1351 as their bargaining agent or which unlawfully requires employees and applicants for employment to pay or agree to pay to Respondent Local 1351 a percentage of their earn- ings derived from such employment. (b) Causing or attempting to cause said Associations, or any Mem- ber Company thereof, or any other employer, to deny employment to G. R. Vinson and Frank A. Linnenberg, or any other applicant for GALVESTON MARITIME ASSOCIATION, INC., ETC. 359 employment, in violation of Section 8 (a) (3) of the Act, or otherwise discriminate against them because they are not members of Respondent Unions, or because they have filed charges against the Respondents.14 (c) In any other manner restraining or coercing employees or ap- plicants for employment with Respondent Companies, or any other employer, in the exercise of the rights guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policy of the Act : (a) Notify G. R. Vinson, Frank A. Linnenberg, the Respondents Houston Maritime Association, Inc., Master Stevedores Association of Texas, and each Member Company thereof, in writing, that Re- spondent Unions have no objection to the employment by said Re- spondent Companies of said Vinson and Linnenberg, or any other em- ployee or applicant for employment, because of their membership or nonmembership in the Respondent Unions, or because they have filed charges against the Respondents. (b) Preserve and, upon request, make available to the Board, or its agents, for examination and copying, all records and reports necessary to analyze the amounts of backpay and other moneys due, and rights of employment under the terms of this Amended Order. (c) Post at their respective offices, hiring halls and meeting halls, copies of the notice attached hereto marked "Appendix C"." Copies of said notice, to be furnished by the Regional Director for the Twenty- third Region, shall, after being duly signed by an authorized repre- sentative or representatives of Respondent Unions and by Respondent C. B. Morrow, be posted by them immediately on receipt thereof and be maintained by them for 60 consecutive days in conspicuous places, including all places where notices to members and other persons using Respondent Local 1351's hiring hall are customarily posted. Reason- able steps shall be taken by the Respondents to insure that said notices are not altered, defaced, or covered by any other material. (d) Post at the same places and under the same conditions as set forth in (c) above, as soon as they are forwarded by the Regional Di- rector, copies of the Respondent Association and Member Companies' notice herein marked "Appendix B." (e) Mail to the Regional Director for the Twenty-third Region signed copies of the notice attached hereto marked "Appendix C" for posting by Respondents Houston Maritime Association, Inc., Master Stevedores Association of Texas, and each Member Company '*As Respondent Inteinational was not found to have discriminated against Linnenberg, section B ( 1) (b) and section B ( 2) (a) of this Amended Order relating to Linnenberg shall not apply to it. 'b 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." 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thereof at their places of business in the Port of Houston, Texas, and vicinity, in places where notices to employees are customarily posted. Copies of said notice, to be furnished by the Regional Direc- tor, shall, after being duly signed by a representative or representa- tives of Respondent Unions, and by Respondent C. B. Morrow, be forthwith returned to the Regional Director for such posting. (f) Notify the Regional Director for the Twenty-third Region, in writing, within 10 days from the date of this Amended Order, what steps Respondent Unions and Respondent C. B. Morrow have taken to comply herewith. C. The Respondents, Houston Maritime Association, Inc., Master Stevedores Association of Texas, and Member Companies thereof, listed in "Appendix A" herein, their officers, agents, successors, and assigns; the Respondent Local 1351, Steamship Clerks and Checkers, International Longshoremen's Association, Independent, and the Respondent International Longshoremen's Association, Independent, their officers, representatives, agents, successors, and assigns shall jointly and severally make whole G. R. Vinson and Frank A. Linnen- berg for any loss of pay they may have suffered because of the dis- crimination against them in the manner and to the extent set forth in the Intermediate Report as modified by the Board's previous De- cision herein, and as modified, by the Board's present Supplemental Decision and Amended Order, and shall jointly and severally reim- burse all present and former employees who have unlawfully been required to pay a percentage of their wages to Respondent Local 1351 in the manner and to the extent set forth in the Board's Sup- plemental Decision and Amended Order entitled "The Remedy." IT IS FURTHER ORDERED that the complaint be dismissed insofar as it alleges that the Respondents Galveston Maritime Association, Inc. ; International Longshoremen's Association, Local 1665, Independent, and its President, T. M. Bennett; South Atlantic and Gulf Coast District, International Longshoremen's Association, Independent, and its President, Ralph Massey; and Avenue N Corporation, committed violations of the Act; and insofar as it alleges that the individual Respondent Member Companies and Respondent International Long- shoremen's Association, Independent, have unlawfully discriminated against Frank A. Linnenberg; and insofar as it alleges unfair labor practices not found herein. APPENDIX A MEMBERS OF HOUSTON MARITIME ASSOCIATION INC. Biehl & Company, Houston, Cotton Exchange Building, Houston, Texas GALVESTON MARITIME ASSOCIATION, INC., ETC. 361 E. S. Binnings, Inc., Cotton Exchange Building, Houston, Texas Bloomfield Steamship Company, Cotton Exchange Building, Houston, Texas Fowler & McVitie, Inc., Cotton Exchange Building, Houston, Texas Garcia Line Corporation, Cotton Exchange Building, Houston, Texas Hansen, Tidemann & Dalton, Inc., Cotton Exchange Building, Hous- ton, Texas Isthmian Steamship Company, Cotton Exchange Building, Houston, Texas Lykes Brothers Steamship Company, Inc., Cotton Exchange Build- ing, Houston, Texas Peter R. Phillips, Thomas Phillips, Catherine Elizabeth Wipprecht, a partnership d/b/a Wm. Parr & Co., Cotton Exchange Building, Houston, Texas Rice, Kerr & Company, Inc., Cotton Exchange Building, Houston, Texas States Marine Corporation of Delaware, Cotton Exchange Building, Houston, Texas Strachan Shipping Company, Cotton Exchange Building, Houston, Texas Texas Marine Transport Company, Inc., 507 State National Building, Houston, Texas Texas Transport & Terminal Company, Inc., Cotton Exchange Build- ing, Houston, Texas Waterman Steamship Corporation, Cotton Exchange Building, Hous- ton, Texas MEMBERS OF MASTER STEVEDORES ASSOCIATION OF TEXAS- HOUSTON AREA Atlantic & Gulf Stevedores, Inc., 5513 Clinton Drive, Houston, Texas Canadian Gulf Line, Ltd., Post Office Box 5355, Houston, Texas Gulf Stevedores Corporation, Post Office Box 1443, Houston, Texas Liberty Stevedore Co., Inc., 508 Cotton Exchange Building, Houston, Texas Southern Stevedoring Company, Post Office Box 2464, Houston, Texas Southern Stevedoring & Contracting Company, Cotton Exchange Building, Houston, Texas Strachan Shipping Company, Cotton Exchange Building, Houston, Texas Suderman Stevedores, Inc., U.S. National Bank Building, Galveston, Texas Texas Contracting Company, Cotton Exchange Building, Houston, Texas 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Texas Star Stevedoring Company, Cotton Exchange Building, Hous- ton, Texas The Texports Stevedore Co., Inc., Cotton Exchange Building, Hous- ton, Texas United Stevedoring Corporation, Cotton Exchange Building, Hous- ton, Texas Young & Company of Houston, Cotton Exchange Building, Houston, Texas APPENDIX B NOTICE TO ALL EMPLOYEES 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, as amended, we hereby notify you that : WE WILL NOT perform, maintain, or give effect to any hiring system, practice or arrangement with Local 1351, Steamship Clerks and Checkers, International Longshoremen's Association, Ind., and International Longshoremen's Association, Ind., which unlawfully grants preference in employment to members of said Unions, or any other labor organization, or Which unlawfully requires employees and applicants for employment, as a condi- tion of employment, to designate Local 1351, or any other labor organization, as a bargaining agent, or which unlawfully requires employees or applicants for employment to pay or agree to pay to said Local 1351, or any other labor organization, a percentage of their earnings derived from such employment. WE WILL NOT encourage membership in, or activities on behalf of, the above-named Unions, or any other labor organization, by giving preference in employment to members of such organiza- tions, or in any other manner discriminate in regard to their hire or tenure of employment, or other terms or conditions of em- ployment. WE WILL NOT discriminate against G. R. Vinson and Frank A. Linnenberg because they are not members of said Local 1351, or because they filed charges against us. WE WILL NOT assist or contribute support to said Local 1351 or any other labor organization of our employees. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees or applicants for employment in the exercise of the rights guaranteed in Section 7 of the Act. WE WILL notify G. R. Vinson and Frank A. Linnenberg, Inter- national Longshoremen's Association, Ind., and Local 1351, GALVESTON MARITIME ASSOCIATION, INC., ETC. 363 Steamship Clerks and Checkers, International Longshoremen's Association, Ind., in writing, that we have no objection to the employment of said Vinson and Linnenberg. WE WILL make whole G. R. Vinson and Frank A. Linnenberg for any loss of pay they may have suffered because of the dis- crimination against them. WE WILL reimburse all of our present and former employees who have been unlawfully required to pay a percentage of their wages to said Local 1351. All our employees are free to become or remain or refrain from becoming or remaining members of any labor organization. The provisions of this notice relating to the discrimination against Linnenberg shall not be taken to apply to the individual Employer Companies. HOUSTON MARITIME ASSOCIATION, INC., Employer. Dated---------------- By------------------------------------- (Representative ) (Title) MASTER STEVEDORES ASSOCIATION OF TEXAS, Employer. Dated---------------- By------------------------------------- (Representative ) (Title) Employer-Company. Dated---------------- By------------------------------------- (Representative) (Title) NoTE.-We will notify any of the above-named employees presently serving in the Armed Forces of the United States of their right to full reinstatement upon application in accordance with the Selective Service Act after discharge from the Armed Forces. This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board' s Regional Office, 6617 Federal Office Building, 515 Rusk Avenue, Houston 2, Texas, Telephone Number, Capitol 8-0611, Extension 296, if they have any question concerning this notice or compliance with its provisions. 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX C NOTICE TO ALL MEMBERS OF LOCAL 1351, STEAMSHIP CLERKS AND CHECKERS, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, IND., AND TO ALL CLERKS, CHECKERS AND TIMEKEEPERS EMPLOYED IN THE PORT OF HOUSTON AND VICINITY 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, as amended, we hereby notify you that : WE WILL NOT perform, maintain or give effect to any hiring system, practice or arrangement with Houston Maritime Asso- ciation, Inc., or Master Stevedores Association of Texas, or any of the Member Companies thereof which unlawfully grants pref- erence in employment to our members or which unlawfully re- quires employees or job applicants, as a condition of employment, to designate Local 1351, Steamship Clerks and Checkers, Inter- national Longshoremen's Association, Ind., as their bargaining agent, and to agree to pay, or pay, to Local 1351 a percentage of their earnings derived from such employment. WE WILL NOT cause or attempt to cause said Associations, or any Member Company thereof, or any other employer, to deny employment to G. R. Vinson and Frank A. Linnenberg, or any other applicant for employment, in violation of Section 8(a) (3) of the Act, or otherwise discriminate against them because they are not members of our organization or because they have filed charges against us. WE WILL NOT in any other manner restrain or coerce employees or applicants for employment with said Companies or any other employer in the exercise of the rights guaranteed in Section 7 of the Act. WE WILL notify G. R. Vinson and Frank A. Linnenberg, Houston Maritime Association, Inc., Master Stevedores Associa- tion of Texas, and each Member Company thereof, in writing, that we have no objection to the employment by said Companies of said Vinson and Linnenberg, or any other employee or applicant for employment because of their membership or nonmembership in our organization or because they have filed charges against us. WE WILL make whole G. R. Vinson and Frank A. Linnenberg for any loss of pay they have suffered because of the discrimina- tion against them. WE WILL reimburse all present and former employees who have been unlawfully required by us to pay a percentage of their wages to Local 1351, Steamship Clerks and Checkers, International Longshoremen's Association, Independent. TEXAS INDUSTRIES, INC., ETC. 365 The provisions of this notice relating to the discrimination against Linnenberg shall not be taken to apply to International Longshore- men's Association, Independent, and the provisions of this notice relating to the payment of backpay and the reimbursement of percent- ages shall not be taken to apply to C. B. Morrow. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, IND., Labor Organization. Dated---------------- By------------------------------------- (Representative) (Title) LOCAL 1351, STEAMSHIP CLERKS AND CHECKERS, INTER- NATIONAL LONGSHOREMEN'S ASSOCIATION, INC., Labor Organization. Dated---------------- By------------------------------------- (Representative ) (Title) Dated---------------- $ C. B. MORROW (Business Agent, Local 1351) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, 6617 Federal Office Building, 515 Rusk Avenue, Houston 2, Texas, Telephone Number, Capitol 8-0611, Extension 296, if they have any question concerning this notice or compliance with its provisions. Texas Industries, Inc.; and Dallas Lightweight Aggregate Com- pany, Texcrete Structural Products Company, Texcrete Mosaic Company, and Texcrete Company, Divisions of Texas Indus- tries, Inc. and International Hod Carriers, Building & Com- mon Laborers Union of America Local 518. Case No. 16-CA- 1565. October 23, 1962 DECISION AND ORDER On April 26, 1962, Trial Examiner Lloyd A. Fraker issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had not engaged in and were not engaging in the unfair labor practices alleged in the complaint, and recommending that the complaint be dismissed in its entirety, as set forth in the attached Intermediate Report. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with 139 NLRB No. 22.