Local 991, Int'l Longshoremen's Association, Etc.

1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD liamson Tobacco Corporation to assign to employees engaged as pipe- fitters, who are currently represented by Pipefitters Local Union No. 522, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, the following work : (a) Installing welded pipe hand and guard rails and performing all burning, cutting, bending, and welding necessary thereto. (b) Installing recording devices on a fabricated metal bracket and panel, fabricating such brackets and panels, and attaching the entire installation to a supporting structure. 3. Within 10 days from the date of this Decision and Determination of Dispute, Pipefitters Local Union No. 522, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting In- dustry of the United States and Canada, AFL-CIO, shall notify the Regional Director for the Ninth Region, in writing, whether or not it will refrain from forcing or requiring Brown & Williamson To- bacco Corporation by means proscribed by Section 8 (b) (4) (D) to assign the disputed pipe rail work and the disputed recorder work (involving the fabrication of a metal panel) to pipefitters rather than to machinists and welders. Local 991, International Longshoremen's Association , AFL-CIO ; Local 1406, International Longshoremen's Association, AFL- CIO; South Atlantic and Gulf Coast District International Longshoremen's Association, AFL-CIO and Union Carbide Chemicals Company, Division of Union Carbide Corporation. Case No. 23-CD-46. November 21, 1962 DECISION AND ORDER Upon a charge filed on May 16, 1961, and amended May 23, 1961, by Union Carbide Chemicals Company, Division of Union Carbide Corporation, hereinafter called Carbide or the Company, the General Counsel for the National Labor Relations Board, herein called the General Counsel, by the Regional Director for the Twenty-third Region, issued a complaint dated July 13, 1962, against Local 991, International Longshoremen's Association, AFL-CIO; Local 1406, International Longshoremen's Association, AFL-CIO ; and South Atlantic and Gulf Coast District International Longshoremen's As- sociation, AFL-CIO, herein called the Respondents or the ILA, al- leging that the Respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (b) (4) (D) and Section 2 (6) and (7) of the Act. Copies of 139 NLRB No. 94. LOCAL 991, INT'L LONGSHOREMEN'S ASSOCIATION, ETC. 1153 the complaint, the charge, and the notice of hearing were duly served upon the Respondents and the Company. Thereafter, Respondents filed an answer denying the commission of any unfair labor practices. With respect to the unfair labor practices, the complaint alleged that: pursuant to 10(k) of the Act, the Board had heard and made a determination of dispute out of which the charged unfair labor prac- tice arose; the determination of the Board was that the Respondents were not lawfully entitled to force or require Carbide to assign the work of loading and unloading ships at Texas City, Texas, to its members rather than to the Company's own employees who are mem- bers of the Texas City, Texas, Metal Trades Council, AFL-CIO, here- in called Trades Council; the Respondent has not complied with the terms of the Board's Decision and Determination of Dispute; the Respondents since on or about May 15, 1961, by means proscribed by Section 8(b) (4), have engaged in conduct an object of which was to force or require the Company to assign the disputed work to em- ployees who are members of Respondents rather than to employees who are members of, or represented by, Trades Council; and by such conduct the Respondents have engaged in unfair labor practices within the meaning of Section 8(b) (4) (i) and (ii) (D) of the Act. On July 31, 1962, all parties entered into a stipulation setting forth an agreed statement of facts. The stipulation provides that the par- ties waive their rights to a hearing and the issuance of a Trial Exam- iner's Intermediate Report and Recommended Order, and that the case be submitted directly to the Board for findings of fact, conclu- sions of law, and an order. It further provides that the entire record in the proceeding shall consist of the charge, amended charge, com- plaint, answer, the record of proceedings under Section 10 (k), the Board's Decision and Determination of Dispute, dated June 22, 1962, and the stipulation. On August 8, 1962, the aforesaid stipulation was approved and accepted by the Board as part of the record in this case. In accordance with Section 102.45 of the National Labor Rela- tions Board's Rules and Regulations, Series 8, as amended, this pro- nceeding was duly transferred to, and continued before, the Board. Upon the basis of the aforesaid stipulation, the record in the 10 (k) proceeding, the briefs filed by Respondents and the Company, and the entire record in this case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Union Carbide Chemicals Company, Division of Union Carbide Corporation, maintains a plant at Texas City, Texas, where it is en- 1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaged in the manufacture, sale, and distribution of chemicals and related products. Union Carbide Corporation, a New York corpora- tion, has plants or offices in 48 States. During the 12 months preced- ing the hearing the Company shipped from its Texas City plant prod- ucts valued in excess of $10,000,000, to locations outside the State of Texas. During the same period of time, it received at the above plant goods and materials valued in excess of $50,000 from sources outside the State. The parties agree, and we find, that the Company is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction in this case. H. THE LABOR ORGANIZATIONS INVOLVED Local 991, International Longshoremen's Association, AFL-CIO; Local 1406, International Longshoremen's Association, AFL-CIO ; South Atlantic and Gulf Coast District International Longshoremen's Association, AFL-CIO ; and Texas City, Texas, Metal Trades Coun- cil, AFL-CIO, are and have been at all times material herein labor organizations within the meaning of Section 2 (5) of the Act. III. THE RESPONDENTS' UNFAIR LABOR PRACTICES In its Decision and Determination of Dispute (137 NLRB 750), the Board determined that Respondents were not lawfully entitled to force or require the Company to assign the work in dispute, loading and unloading of ships, to members of the Respondents rather than to employees of the Company, who are members of the Trades Coun- cil, by means proscribed by Section 8 (b) (4) (D). The Board directed the Respondents to notify the Regional Director in writing with re- spect to their intention to comply with the Board's determination. The Respondents by letter dated June 29, 1962, indicated that they did not intend to comply. Section 10(k) of the Act requires that, if the Respondents have complied with the Board's determination, the 8(b) (4) (D) charge must be dismissed. As the Respondents have not complied with the 10(k) determination, we turn now to the merits of the complaint which, as we have indicated, is concerned with whether the Respond- ents have engaged in unfair labor practices in violation of Section 8(b) (4) (D). All the factors essential for funding a violation of this section of the Act are present here : it is clear from the record in the 10(k) proceeding that the Respondents were responsible for the work stoppage and picketing at the Company's dockside operations at Texas City, Texas, and the Respondents admit that the picketing was LOCAL 991, INT'L LONGSHOREMEN'S ASSOCIATION, ETC. 1155 for the purpose of inducing and encouraging employees of the Com- pany and other employers to engage in a concerted refusal to perform services for the Company, with an object of forcing or requiring the Company to assign the operations of loading and unloading ships to members of the Respondents rather than to the Company's own em- ployees. There is no contention or evidence that the Company was failing to conform to an order or certification of the Board deter- mining the bargaining representative for employees performing the disputed work. Respondents' defense is that the Board's Decision and Determination of Dispute was erroneous. The arguments ad- vanced to support this defense were considered by the Board in mak- ing its determination of the jurisdictional dispute. We adhere to that determination. Accordingly, we conclude that the Respondents have violated Sec- tion 8(b) (4) (D) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondents, set forth above, occurring in connection with the operation of the Company, 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 ob- structing commerce and the free flow of commerce. V. THE REMEDY Having found that the Respondents have engaged in certain un- fair labor practices, we shall order them to cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act. CONCLUSIONS OF LAW 1. Respondents Local 991, International Longshoremen's Associa- tion, AFL-CIO; Local 1406, International Longshoremen's Associa- tion, AFL-CIO; and South Atlantic and Gulf Coast District International Longshoremen's Association, AFL-CIO, are labor or- ganizations within the meaning of Section 2(5) of the Act. 2. By engaging in, or inducing or encouraging individuals employed by the Company, or other persons engaged in commerce or in an in- dustry affecting commerce to engage in, a strike or a 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 services; or threatening, coercing, or re- straining the Company or other persons engaged in commerce or in an industry affecting commerce, with an object of forcing or re- 672010---63-vol. 139-74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD quiring the Company to assign the work of loading or -unloading ships at Texas City, Texas, to members of Respondents' rather than to the employees of the Company represented by the Texas City Trades Council, and the Company is not failing to conform to an order or certification of the Board determining the bargaining repre- sentative for employees performing such work, Respondents did thereby engage in unfair labor practices within the meaning of Sec- tion 8(b) (4) (i) and (ii) (D) and Section 2(6) and (7) of the Act. 3. 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 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 991, In- ternational Longshoremen's Association, AFIl-CIO ; Local 1406, International Longshoremen's Association, AFL-CIO ; and South Atlantic and Gulf Coast District International Longshoremen's As- sociation, AFL-CIO, and their officers, agents, representatives, suc- cessors, and assigns, shall : 1. Cease and desist from engaging in, or inducing or encouraging individuals employed by the Company or other persons engaged in commerce or in an industry affecting commerce to engage in, a strike or a 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; or threatening, coercing, or restraining the Company or any other person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is to force or require the Company to assign the work of loading and unloading ships at its Texas City, Texas, dock, to members of the Respondents rather than to employees of the Company who are members of the Texas City, Texas, Trades Council, AFL-CIO, unless the Company is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Post in conspicuous places at their offices, meeting halls, and at all places where the Respondents normally post notices for mem- bers, copies of the attached notice marked "Appendix A." 1 Copies of IIn 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 991, INT'L LONGSHOREMEN'S ASSOCIATION, ETC. 1157 the notice, to be furnished by the Regional Director for the Twenty- third Region, shall, after being duly signed by authorized representa- tives of the Respondents, be posted by them immediately upon receipt thereof, and be maintained for a period of 60 consecutive days there- after. Reasonable steps shall be taken to insure that the notice is not altered, defaced, or covered by any other material. (b) Sign and mail sufficient copies of said notice to the Regional Director for the Twenty-third Region for posting by the Union Car- bide Chemical Company and all other persons involved in this pro- ceeding, who are willing, at all locations upon their or other premises where notices to their employees are customarily posted. (c) Notify the said Regional Director, in writing, within 10 days of the date of this Order, what steps the Respondents have taken to comply herewith. CHAIRMAN MCCULLOCII and MEMBER BROWN took no part in the consideration of the above Decision and Order. APPENDIX NOTICE TO ALL MEMBERS OF LOCAL 991, INTERNATIONAL LONGSIIORE- MEN'S ASSOCIATION, AFL-CIO ; LOCAL 1406, INTERNATIONAL LONG- SHOREMEN'S ASSOCIATION, AFL-CIO; AND SOUTH ATLANTIC AND GULF COAST DISTRICT INTERNATIONAL LONGSHOREMEN'S ASSOCIA- TION, AFL-CIO ; AND TO ALL EMPLOYEES OF UNION CARBIDE CiIIE1M1- IC_1LS COMPANY AT Tnx.1s CITY, TEXAS 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 engage in, or induce or encourage individuals employed by Union Carbide Chemicals Company, or any other persons engaged in commerce or in an industry affecting com- merce, to engage in, a strike or a refusal in the course of their employment to use, manufacture, process, transport, or other- wise handle or work on any goods, articles, materials, or com- modities or to perform services; or threaten, coerce, or restrain the Company or persons engaged in commerce or in an industry affecting commerce where in either case an object thereof is to force or require the Company to assign the work of loading and unloading ships at its dock in Texas City, Texas, to members of the Respondents rather than to employees of the Company rep- resented by the Texas City, Texas, Metal Trades Council, AFL- CIO, unless the Company is failing to conform to an order or 1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD certification of the Board determining the bargaining representa- tive for the employees performing the above-mentioned work.. LOCAL 991, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Labor Organization. Dated---------------- By------------------------------------- (Representative ) ( Title) LOCAL 1406, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Labor Organization. Dated---------------- By------------------------------------ (Representative ) (Title) SOUTH ATLANTIC AND GULF COAST DISTRICT INTERNA- TIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Labor Organization. Dated---------------- By------------------------------------- (Representative ) (Title) 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, Capital 8-0611, Extension 296, if they have any question concerning this notice or compliance with its provisions. Elias Brothers Big Boy, Inc. and Local Joint Executive Board,. Hotel and Restaurant Employees, Bartenders International. Union, AFL-CIO Clem, Inc. and Elias Brothers Big Boy, Inc. and James Henry Rademacher Elias Brothers Big Boy, Inc. and Patricia Clark. Cases Nos.- 7-CA-3480, 7-CA-3473, and 7-CA-3533. November 21, 1962 DECISION AND ORDER On July 13, 1962, Trial Examiner Louis Libbin issued his Inter- mediate Report in the above-entitled proceeding, finding that Re- spondent Elias 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 attached Inter- mediate Report. The Trial Examiner, however, recommended that 139 NLRB No. 99.