Electrical Workers, Local 1

ELECTRICAL WORKERS , LOCAL 1 313 International Brotherhood of Electrical Workers, Local 1, AFL-CIO (E. Smith Plumbing Company); Pipefitters Local562 , United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada , AFL-CIO; Local 36 , Sheet Metal Workers' International Association , AFL-CIO; Building and Construction Trades Council of St. Louis, AFL-CIO;' Local 42, Laborers' International Union of North America, AFL-CIO and Robert F. Hoel and National Association for the Advancement of Colored People Building and Construction Trades Council of St. Louis, AFL-CIO (E. Smith Plumbing Company) and Congress of Independent Unions, Local No. 99 . Cases 14-CC-348, 349, 350, 352, 358, 357, and 359. May 3, 1967 DECISION AND ORDER On August 17, 1966, Trial Examiner Horace A. Ruckel issued his Decision in this proceeding, finding that 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 attached Trial Examiner's Decision . Thereafter , exceptions and supporting briefs were filed by the General Counsel and the NAACP; the Trades Council and Pipefitters filed joint cross-exceptions and a supporting brief; IBEW and Sheet Metal Workers filed joint cross- exceptions and an answering brief; and the NAACP filed a request for oral argument.' 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 Trial Examiner's Decision and the entire record in these cases, including the exceptions, cross-exceptions, and briefs, and hereby adopts the findings, conclusions,; and recommendations of the Trial Examiner, with the following modifications.' ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended , the National Labor Relations Board adopts as its Order the Recommended Order of the Trial Examiner and hereby orders that the Respondents , International Brotherhood of Electrical Workers, Local 1, AFL-CIO; Pipefitters Local 562, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO; Local 36, Sheet Metal Workers' International Asociation, AFL-CIO; Local 42, Laborers' International Union of North America, AFL-CIO; and Building and Construction Trades Council of St. Louis, AFL-CIO, their officers, agents, and representatives, shall take the action set forth in the Trial Examiner's Recommended Order, as herein modified: 1. Delete paragraph 1 and substitute the following: "1. Cease and desist from engaging in, or inducing or encouraging any individual employed by Hoel-Steffen Construction Company, Sachs Electric Company, St. Louis Sheet Metal Company, Lorain Engineering Company, or any other person engaged in commerce , or in an industry affecting commerce, to engage in, a strike or a refusal in the course of his employment to perform services for his respective employer, or threatening , coercing, or restraining the above-named employers , or any other person or employer engaged in commerce , or in an industry affecting commerce, where in either case an object thereof is to force or require them, or any of them, to i Herein the Trades Council 2 The request for oral argument is hereby denied as, in our opinion, the issues and the positions of the parties are adequately presented by the exceptions , cross -exceptions, briefs, and the entire record in these cases 3 The name of Respondent, Local 36, Sheet Metal Workers' International Association, is hereby added to those listed by the Trial Examiner in paragraph 1, under "Conclusions of Law" in his Decision. 4 The Trial Examiner without comment found the Trades Council to be a labor organization within the meaning of the Act The Trades Council excepts to this finding on the ground of an earlier decision (Monsanto Chemical Company, 119 NLRB 69), in which it was found that this same Trades Council was not then a labor organization within the meaning of the Act The Trades Council is composed of delegates elected by each of its affiliated labor organizations The "statement of policy" issued by the Trades Council on December 27, 1965, was pursuant to a unanimous vote of the affiliates (including a delegate of each Respondent Local) present at a regular meeting The policy stated by the Trades Council was adhered to rigidly by its affiliates The Trades Council in the instant cases demonstrated clearly that it was dealing directly with the employers herein with regard to a condition of employment (i e , the presence of non -AFL-CIO members on the )ob) We find it sufficient that the Trades Council is the organization through which the affiliated crafts function as a unit, and find that it is a labor organization within the meaning of the Act Though we feel the factors relied upon here differ from those relied upon in the Monsanto case, supra, to the extent that Monsanto is inconsistent with our Decision herein , we overrule it. See Alton- Wood River Building & Construction Trades Council, 144 NLRB 260, 266. The General Counsel excepts to the Trial Examiner 's failure to recommend a broader Order herein , we find merit in this exception The statement of policy (referred to above ) proclaimed that "Since the inception the [Trades Council] and its affiliated local unions have adhered to the policy and practice of not working on construction projects unless 100% AFL-CIO " The "inception" was approximately 1910 We can conceive of no more generalized scheme than that; in view of the blanket policy statement , the prohibited conduct here found is likely to recur We shall therefore broaden the Trial Examiner's Recommended Order We do not adopt or rely upon the extraneous observations made by the Trial Examiner in the first two sentences of In 3 of his Decision. 164 NLRB No. 40 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cease doing business with E . Smith Plumbing Company, or any other person or employer engaged in commerce that does not employ members of unions affiliated with the AFL-CIO." 2. In the notice attached to the Trial Examiner's Decision marked "Appendix," delete the paragraph that starts with the words "WE WILL NOT ... and substitute the following: WE WILL NOT engage in, or induce or encourage any individual employed by Hoel- Steffen Construction Company, Sachs Electric Company, St. Louis Sheet Metal Company, Lorain Engineering Company, or any other person engaged in commerce , or in an industry affecting commerce , to engage in, a strike or a refusal in the course of his employment to use, manufacture , transport , process, or otherwise handle or work on any goods , articles, materials, or commodities , or to perform any services; nor will we threaten , coerce, or restrain Hoel- Steffen Construction Company, Sachs Electric Company, St. Louis Sheet Metal Company, Lorain Engineering Company, or any other person or employer engaged in commerce, or in an industry affecting commerce , where in either case an object thereof is to force or require them , or any of them , to cease doing business with E . Smith Plumbing Company, or any other person or employer engaged in commerce that does not employ members of unions affiliated with the AFL-CIO. TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE HORACE A. RUCKEL, Trial Examiner: This case comes before me upon a consolidated complaint of unfair labor practices issued on February 11, 1966, by the General Counsel of the National Labor Relations Board, herein called the Board, acting through its Regional Director for Region 14 (St. Louis, Missouri), against International Brotherhood of Electrical Workers, Local 1, AFL-CIO (herein called the Electricians); Pipefitters Local 562, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO (herein called the Plumbers); Local 36, Sheet Metal Workers' International Association, AFL-CIO (herein called Sheet Metal Workers); Building and Construction Trades Council of St. Louis, AFL-CIO (herein called the Council); and Local 42, Laborers' International Union of North America, AFL-CIO (herein called the Laborers). The complaint is based upon charges filed in January 1966, by Robert F. Hoel (herein called Hoel), by National Association for the Advancement of Colored People (herein called NAACP), and by Congress of Independent Unions (herein called CIU), and alleges that Respondents have engaged in unfair labor practices affecting commerce, within the meaning of Section 8(b)(4)(i) and (ii)(B) and Section 2(6) and (7) of the National Labor Relations Act, as amended (29 U.S.C. Sec. 151, et seq.), herein called the Act. Respondents filed answers denying the commission of any unfair labor practices. Pursuant to notice a hearing was conducted at St. Louis, Missouri, on May 19 and 20, 1966, at which all parties were present and represented by counsel. At its conclusion the parties waived oral argument. The General Counsel has filed a brief. Upon the entire record in the case and from my observation of the witnesses, I make the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYERS 1. E. Smith Plumbing Company (herein called Smith) is engaged in St. Louis, Missouri, as a plumbing contractor in the building and construction industry and is a member of the Midwest Contractors Association for purposes of collective bargaining. Midwest represents its employer members for purposes of collective bargaining with labor organizations concerning wages, hours, terms and conditions of employment of the employees of the employer members of Midwest. During the year previous to the issuance of the complaint, members of Midwest have collectively purchased, transferred, and delivered to their business locations in the State of Missouri, goods and materials valued in excess of $50,000 either directly from points outside Missouri, or from enterprises located in Missouri, which have received said goods and materials directly from States other than the State of Missouri. 2. Hoel-Steffen Construction Company (herein called Hoel-Steffen), is engaged in business in St. Louis, Missouri, as a general construction contractor. Hoel- Steffen has a contract with the United States Department of Interior, National Park Service, an agency of the United States Government, to perform certain construction work in the Visitors Center at the Gateway Arch Project. In the performance of this contract, Hoel-Steffen has subcontracted portions of the work to E. Smith Plumbing Company, Sachs Electric Company, and St. Louis Sheet Metal Company, which in turn have further subcontracted some of the work to Lorain Engineering Company. In the performance of the contract and subcontracts, Hoel-Steffen, Smith, Sachs, Sheet Metal Company, and Lorain have brought or will bring to the Arch jobsite, goods and materials from outside the State of Missouri, valued in excess of $50,000. These employers are persons engaged in the building and construction industry, an industry affecting commerce. II. THE LABOR ORGANIZATION INVOLVED Electricians, Plumbers, Sheet Metal Workers, and Laborers are labor organizations admitting employees of the employers to membership. Respondent Council is a labor organization within the meaning of Section 2(5) of the Act. It has been acting, and acts, on its own behalf and as an agent of its constituent labor organizations, including Electricians, Plumbers, Sheet Metal Workers, and Laborers. III. THE UNFAIR LABOR PRACTICES The Arch This case arises from the establishment at St. Louis of the Jefferson National Expansion Memorial in conjunction with the 200th anniversary of the founding of the city. Prominent as a feature of the Memorial stands the Arch, at its apex some 600 feet above ground level. It is a national ELECTRICAL WORKERS , LOCAL 1 315 park installation , and like other features of the Memorial it is being erected with the financial help of the Federal Government. One of the conditions of this help, as expressed in Executive Order 11246, is that there shall be equal employment opportunity afforded to all persons on the project . In the context of this case , this means that contracts shall be awarded and employees hired without regard to race or color . Obtaining compliance with Executive Order 11246 is the function of the Office of Federal Contract Compliance, in the United States Department of Labor. The construction contract for work on the Visitors Center, a feature of the Arch, was entered into on October 19, 1965, between the United States Department of the Interior, National Park Service, and Hoel-Steffen, the successful bidder. The awarding of the contract to Hoel-Steffen, and the awarding by Hoel-Steffen of subcontracts , was delayed, however, because of the difficulty in convincing the Office of Contract Compliance that work on the Arch would be performed without discrimination, in conformity with Executive Order 11246. On November 15, at the urging of Bi-State Development Company which was to operate the train to be installed in the legs of the Arch, a meeting was convened in the office of Leroy Brown , superintendent of the Park Service, attended by Brown , W. W. Zenfell, area coordinator for the contract compliance section , Robert Hoel, president of Hoel-Steffen, Joseph Cousin, secretary-treasurer of Building and Construction Trades Council of St. Louis, and others. At the meeting Zenfell explained that Executive Order 11246 required that the general contractor , in this instance Hoel-Steffen, take "affirmative action " to insure equal employment opportunity for work on the Arch. This, according to Zenfell, had not been done . A discussion followed as to the categories of work at which Negro workers might be employed, and E . Smith Plumbing Company, a small company owned by a Negro and employing Negro plumbers, was suggested. It was recognized by those present that Smith's plumbers were not members of the Plumbers Local 562, affiliated with the AFL-CIO, one of the Respondents herein, but, perversely, were members of Local 99, affiliated with the Congress of Independent Unions, one of the Charging Parties. Boyajean, deputy compliance officer for the Department of Interior, asked Cousin, "Will the AFL people work with a CIU plumber if he is employed on the job ?" Cousin's answer was, "No, definitely not." With that, the meeting broke up. Two or three weeks after this meeting Hoel-Steffen subcontracted the plumbing work in the Visitors Center at the Arch to Smith, who, along with his other two plumbers, the first part of December began preliminary work on the jobsite . This immediately came to Cousin's attention, and on December 21, he talked with Zenfell and told him that, as a result of awarding the plumbing subcontract to Smith, "there might be some trouble down on the project," that the Building and Trades Council was " unhappy" about it, and he reminded Zenfell of his, Cousin's, declaration at the November meeting that the AFL-CIO union members would not work alongside Smith's employees. He asked Zenfell to see Superintendent Brown and persuade him to get Smith to surrender his contract . This, Cousin said, would "solve the situation." Zenfell refused . Two days later Cousin got in touch with James Brotherton, administrative officer for the Memorial, employed by the National Park Service, and told him that he was "concerned" that Hoel-Steffen had awarded the plumbing subcontract to a "CIU outfit," and asked "if there was anything the National Park Service could do to get Smith to withdraw from the contract , or to get Hoel-Steffen to prevail upon Smith to do so." Brotherton said there was not, and reminded Cousin of Executive Order 11246. Thus rebuffed, but rallying, the Building. and Construction Trades Council on December 17 drafted the following statement of policy: Statement of Policy Adopted By the Building and Construction Trades Council of St. Louis Since the inception of the Building and Construction Trades Council of St. Louis, an affiliate of the Building and Construction Trades Department, AFL-CIO, and its affiliated local unions and their members have adhered to the policy and practice of not working on construction projects unless the journeymen workers, apprentices and their helpers employed thereon are 100% AFL-CIO.... It has now come to the attention of the affiliated membership of the Council that the interior work on the Gateway Arch will not be entirely performed by workers who are AFL-CIO. As a consequence , the Building and Construction Trades Council of St . Louis announces that the rank and file members of its affiliated local unions do not desire to accept employment on the Gateway Arch interior finishing project, and hereby informs the general contractor, sub-contractors and all others concerned with the finishing of the Arch's interior that they should make arrangements to perform the work in question by construction workers they can obtain from any other available source. This announcement is being made by the undersigned in accordance with the instructions and orders given them as the officers of the Building and Construction Trades Council of St. Louis by the unanimous vote of the delegates of its affiliated local unions at a special meeting of said Council held on December 21. 1965.1 The Statement of Policy was mailed to Hoel-Steffen, the National Park Service, and various subcontractors on the Ach project, and widely disseminated on radio and television, by Arthur Hunn , president of the Council. The success of the Council , representing the several crafts who are Respondents in this case , and of the agents of the crafts themselves in their joint effort to boycott agencies of the United States Government , the general contractor, and the subcontractors on the Arch , became apparent on January 7, 1966. Donald Schubert , project manager for Hoel-Steffen , the general contractor, arrived at the jobsite early that morning after having notified St. Louis Sheet Metal Company, which had the sheet metal contract, and Lorain Engineering Company, which I At this meeting representatives of all the Respondents were present. Again, on January 14 , the Council's members voted unanimously to stand on their action taken on December 21, regarding the Arch. 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD had a plumbing contract,2 to have workers on the job that day. Observing that there were no lights in the underground area of the Arch where Hoel's work on the Visitors Center was to be performed , Schubert asked one Dilge, general foreman for Sachs who had the electrical subcontract, and Sparks, an employee of Sachs, to turn the switch so that the sheet metal workers and the plumbers could see to do their work , and to continue with the installation of temporary lighting. Both refused, Dilge stating that he would "just as soon not work with a contractor [Smith] who was not a member of the Building Trades Council." Both these electricians , however, performed electrical work on the jobsite that day for other contractors who employed members of AFL-CIO crafts. Later the same morning Gene Korn , employed by St. Louis Sheet Metal, arrived , as did Jim Roach and Elmer Gibling, plumbers employed by Lorain Engineering Company. All three men told Schubert that they did not want to work on the project with plumbers who were not members of the AFL-CIO Building Trades Council, and they did not. As to the Laborers, Willie West, a laborer member of Local 110, and a regular employee of Hoel- Steffen, asked Schubert to assign him to some other job, and Schubert did so. West's credited, undisputed testimony is that on the previous day John Shehane, business representative for Respondent Local 42 of the Laborers, while checking the union cards of the laborers, asked him if any members of the CIU were on the job, saying that the Trades Council had "gotten together" and had voted "not to work with CIU people." The "CIU people" on the job at the time were Elisha Smith himself, and Oliver Parker, one of his employees. The result of the refusal of the AFL-CIO electricians to furnish lighting, and of the sheet metal workers, the plumbers, and the laborers to work alongside Smith, was that work on the Ach was suspended . It remained so until February 7, when the United States District Court enjoined the Respondents from continuing to boycott agencies of the Government , Hoel-Steffen, and the various subcontractors . In compliance with the injunction, the Building and Construction Trades Council notified its affiliated unions that its Statement of Policy on December 27 was disavowed and withdrawn. The electricians turned on the lights at the Arch , and the sheet metal workers , plumbers, and laborers, together with Elisha Smith and his two Negro plumbers, reappeared and performed the services required of them. The Arch was completed. Conclusions The above findings of fact are based upon the credited, uncontroverted testimony of witnesses called by the General Counsel, and documentary evidence sponsored by them, as well as upon stipulations of fact by counsel. No witnesses were called by the Respondents. The record leaves no doubt, indeed it proclaims, that immediately it became known that some of the work on the Arch would have to be performed by a subcontractor employing Negro workers, to demonstrate compliance, even though only a token compliance, with Executive Order 11246, and that these workers would not be affiliated with the AFL-CIO,3 representatives of the AFL-CIO crafts, including officers of the Building and Construction Trades Council of St. Louis, made known their determination to frustrate such an outcome, Executive Order 11246 to the contrary notwithstanding. And, it may be added, regardless of the proscriptions of the Act. When Hoel-Steffen subcontracted the plumbing work to E. Smith Plumbing Company with its three Negro plumbers, representatives of Respondent lost no time in bringing pressure to bear on the National Park Service, an agency of the United States Government, and on Hoel- Steffen, Sachs Electric, St. Louis Sheet Metal, and Lorain Engineering, to force them to cease doing business with Smith, though Respondents had no labor dispute with these companies. Cousin, acting for the Council and its affiliated craft members, at the meeting on November 15, 1965, flatly warned that members of these crafts would "definitely" not work with any CIU plumber. On December 21, Cousin threatened Zenfell with "trouble" because of the award of the plumbing contract to Smith. On December 27, in a letter to the craft unions in question and to the various subcontractors, the Council even more explicitly threatened to strike unless the work at the Visitors Center was "entirely performed" by members of the AFL-CIO. Widespread publicity was given this decision in the newspapers and on television and radio for the evident purpose of alerting every craftsman in the area not to accept work at the Visitors Center so long as Smith was employed there. When on January 7, Smith and one of his employees showed up at the jobsite, the other employees, electricians, plumbers, sheet metal workers, and laborers, made good this threat and struck. I find that the above-described activities of Respondents had the purpose and effect of threatening the employees of the employers herein, and forcing them to cease doing business with E. Smith Plumbing Company. Such activities are clearly interdicted by Section 8(b)(4)(i) and (ii)(B) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The conduct of Respondents occurring in connection with the activities of Hoel-Steffen, National Park Service, Smith Plumbing, Sachs, St. Louis Sheet Metal, and Lorain Engineering, as set forth above, has a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tends to lead and has led to labor disputes burdening and obstructing the free flow of commerce. V. THE REMEDY Having found that Respondents have violated Section 8(b)(4)(i) and (ii)(B) of the Act, it will be recommended that 2 A plumbing contract , that is , for plumbing work in addition to that to be done by Smith 7 They would lack this affiliation not because of any unwillingness on their part to become members of these unions, but, generally speaking , because of the failure of craft unions in the past to furnish a meaningful number of Negro workers apprenticeship training sufficient to permit them to become journeymen plumbers, and to make them eligible for union membership It has been seen what efforts representatives of the Federal Government and the general contractor exerted to find even a token number of qualified Negro plumbers Even so, Oliver Parker , one of Smith 's two employees , testified that he had not yet finished his apprenticeship to become a journeyman plumber. The record is silent as to the status of the other of Smith's employees . Smith, himself, was a master plumber ELECTRICAL WORKERS , LOCAL 1 317 it cease and desist therefrom . and that it take certain affirmative action designed to effectuate the policies of the Act. CONCLUSIONS OF LAW 1. International Brotherhood of Electrical Workers, Local 1, Pipefitters Local 562, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 42, Laborers International Union of North America, and Building and Construction Trades Council of St. Louis, all affiliated with AFL-CIO, are labor organizations within the meaning of the Act. 2. Smith, Hoel-Steffen, Sachs, Sheet Metal Company, and Lorain are employers engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 3. By (a) engaging in a strike, and inducing and encouraging employees of Smith, Hoel-Steffen, Sachs, Sheet Metal Company, Lorain, and other employers to engage in a strike or a refusal in the course of their employment to perform services for their respective employers, and (b) threatening, coercing, or restraining Hoel-Steffen, Sachs, Sheet Metal Company, and Lorain with an object of forcing or requiring these employers to cease doing business with Smith, Respondent has engaged in unfair labor practices comprehended by Section 8(b)(4)(i) and (ii)(B) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. customarily posted. Reasonable steps shall be taken by Respondents to insure that said notices are not altered, defaced, or covered by any other material. (b) Sign and mail sufficient copies of said notice to the Regional Director for Region 14, for posting by E. Smith Plumbing Company. Hoel-Steffen Construction Company, Sachs Electric Company, St. Louis Sheet Metal Company, and Lorain Engineering Company, if willing, at all locations where notices to their employees are customarily posted. (c) Notify the Regional Director for Region 14, in writing, within 20 days from the date of the receipt of this Decision, what steps Respondent has taken to comply herewith.5 IT IS FURTHER RECOMMENDED that unless Respondent shall within 20 days from the receipt of this Decision notify said Regional Director in writing that it will comply with the foregoing recommendations, the National Labor Relations Board issue an Order requiring it to take the aforesaid action. 4 In the event that this Recommended Order is adopted by the Board, the words "a Decision and Order" shall be substituted for the words "the Recommended Order of a Trial Examiner" in the notice In the further event that the Board's Order is enforced by a decree of a United States Court of Appeals, the words "a Decree of the United States Court of Appeals Enforcing an Order" shall be substituted for the words "a Decision and Order " In the event that this Recommended Order is adopted by the Board, this provision shall be modified to read "Notify said Regional Director, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith " RECOMMENDED ORDER Upon the basis of the foregoing findings of fact and conclusions of law, and upon the entire record, it is recommended that Local 36, Sheet Metal Workers' International Association, International Brotherhood of Electrical Workers, Local 1, Pipefitters Local 562, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 42, Laborers' International Union of North America, and Building and Construction Trades Council of St. Louis, their officers, agents, and representatives, shall: 1. Cease and desist from: (a) Engaging in, or inducing or encouraging the employees of the above-named employers to engage in, a strike or a refusal in the course of their employment to perform services for their respective employers. (b) Threatening, coercing, or restraining these employers, or any other person or employer, where in either case an object thereof is to force or require them to cease doing business with E. Smith Plumbing Company. 2. Take the following affirmative action designed to effectuate the policies of the Act: (a) Post at the business offices and meeting halls of each of the aforesaid labor organizations, copies of the attached notice marked "Appendix."4 Copies of said notice, to be furnished by the Regional Director of Region 14, after being duly signed by authorized representatives of Respondents, shall be posted by them immediately upon receipt thereof, and be maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are APPENDIX NOTICE TO ALL MEMBERS OF INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1, AFL-CIO , PIPEFITTERS LOCAL 562, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA , AFL-CIO, LOCAL 36, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION , AFL-CIO, LOCAL 42, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO , AND ' BUILDING AND CONSTRUCTION TRADES COUNCIL OF ST. LOUIS , AFL-CIO. Pursuant to the Recommended Order of a Trial Examiner 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 any individual employed by Hoel-Steffen Construction Company, Sachs Electric Company, St. Louis Sheet Metal Company, or Lorain Engineering Company, to engage in, a strike or a refusal in the course of his employment to use, manufacture, transport, process, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services, nor will we threaten, coerce, or restrain Hoel-Steffen Construction Company, Sachs Electric Company, St. Louis Sheet Metal Company, or Lorain Engineering Company, where in either case an object thereof is to force or require these companies to cease doing business with E. Smith Plumbing Company. 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1, AFL-CIO (Labor Organization) Dated By (Representative) (Title) PIPEFITTERS LOCAL 562, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO (Labor Organization) Dated By (Representative) (Title) LOCAL 36, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION , AFL-CIO (Labor Organization) Dated By (Representative) (Title) LOCAL 42, LABORERS INTERNATIONAL UNION OF NORTH AMERICA , AFL-CIO (Labor Organization) Dated By (Representative) (Title) BUILDING AND CONSTRUCTION TRADES COUNCIL OF ST. LOUIS, 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. If members have any question concerning this notice or compliance with its provisions, employees may communicate directly with the Board's Regional Office, 1040 Boatman's Bank Building , 314 North Broadway, St. Louis, Missouri 63102, Telephone 622-4167.