United Assn. of Plumbers, Local 633

398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 633, AFL-CIO and Albert B. Harned, and Joseph E. Tabor, and Plumbing Contractors of Owensboro , Kentucky, affiliated with the Owensboro Division of the Associated Building Contractors of Evansville, Indiana and Ragnar Benson, Inc., Parties of Interest. Cases 25-CB-831-1 and 25-CB-831-2 September 11, 1969 DECISION AND ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS JENKINS AND ZAGORIA On April 7, 1969, Trial Examiner John F. Funke issued his Decision in the above-entitled proceeding, finding that the Respondent 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 Trial Examiner's Decision. Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief, and the General Counsel filed limited exceptions to the Trial Examiner's Decision and a supporting brief as well as a brief in reply to the Respondent's exceptions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with these cases to a three-member panel. 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, the exceptions, the briefs, and the entire record in these cases, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations except insofar as they are inconsistent herewith. The issue is whether Respondent, by its admitted refusal to refer Joseph Tabor and Albert Harned to available jobs, has violated Section 8(b)(2) and (1)(a) of the Act. Respondent contends that they were not referred because they lacked the necessary qualifications; the General Counsel maintains that Respondent's refusal was premised on the fact that they were not union members. Pursuant to a collective-bargaining agreement. Respondent Local 633 maintains a hiring hall arrangement for plumbing and pipefitting employees with various employers. The Plumbing Contractors of Owensboro, Ky., an association representing various building contractors for collective-bargaining purposes. is a signatory to the agreement. Ragnar Benson, Inc., a general contractor in the construction industry, is not a signatory but has agreed to be bound by the hiring hall provisions. Pursuant to the agreement, the Union provides "competent and qualified applicants" for positions which the employers want filled. If, however, the Union fails to do so within 48 hours of the request, the Employer may fill the job itself. The contract also provides that the Union shall refer applicants on a nondiscriminatory basis and that the Employer shall make the final decision on whether to hire. Various employers testified that they hired all plumbers and pipefitters through this hiring hall, with the exception of one man who was hired after the Union had failed to provide an applicant within the requisite 48 hours. The United Association's Constitution provides that an applicant may loin the Union either as a "journeyman" or an "apprentice." That document requires that an applicant for membership as a journeyman have a minimum of 5 years' working experience in the industry and that he pass an examination of skill conducted by the Local. An applicant may also join as an apprentice and, after working in the apprenticeship program for 5 years, he becomes a journeyman. No skill or experience is required to become an apprentice; the applicant need only he of "sound moral character." willing to undergo unspecified "classroom training," and willing to work in the trade at least 5 years before becoming a journeyman. Local 633, however, does not allow applicants over 25 years of age to enter into its apprenticeship program. Joseph Tabor and Albert Harned have never been members of the United Association or any of its locals. In a previous case involving Tabor, Harped and Local 633, the Board found that the contract described above constituted an exclusive hiring hall and that specific practices of Respondent thereunder were discriminatory.' In that case, when no union members were available. Tabor and Harned were sent out to jobs in September and October 1967, respectively. The Trial Examiner found that, in October 1967, business manager Ottis Heath had them laid off so that union members who had since become unemployed could take their places on the job. The Board adopted the Trial Examiner's finding that "the Respondent maintained a practice of giving union members preference over nonunion employees" and found a violation of Section 8(b)(2) of the Act. While that finding is not, of course, diapositive of the case at bar. it does establish the existence of a pattern of discrimination in the recent past. Tabor and Harned submitted applications for membership in Local 633 in the spring of 1967 but, after favorable votes at two meetings, they were rejected at a third because they lived outside of the geographical jurisdiction of the Local. In January 1968, they spoke to newly installed Business Agent Charles Staves about reapplying, but he advised 'United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 633, AFL-CIO, 173 NLRB No 205 178 NLRB No 61 UNITED ASSN. OF PLUMBERS, LOCAL 633 399 them that it would be futile because they would only be rejected again. Staves testified that he offered to help them to place applications with Local 522, in whose jurisdiction they lived, but they refused. He claimed that their 1967 applications had been lost by that time; there is a conflict of testimony as to whether he offered them other application forms for membership in Local 633. In April 1968 Tabor and Harned went to the Union hall and asked Staves to refer them to jobs. He did not do so. They repeated this request on numerous visits which they made through October 1968, but they were never referred. Staves testified that they were not referred because the hiring hall agreement, which provides that the Union send out "competent and qualified applicants," requires that it send out only men with journeyman status. He testified that so long as he could obtain journeymen to fill the jobs, he would not refer others. Staves admitted at the hearing that there was a shortage of pipefitters in his jurisdiction in 1968, but he said that he met this shortage by sending out more than 100 "travel card men," i.e., journeyman members of other United Association Locals who acquire journeyman status in Local 633 by coming into its jurisdiction to fill a job. Staves based his knowledge of the Charging Parties' qualifications upon their TVA job applications, which had been rejected, and some degree of his personal familiarity with them. He testified that the applications which they had filed for membership in 1967 were lost by the time he had taken office, but he knew that they had not been allowed to take the Union's test in 1967 because their membership applications had been rejected, and in 1968 because they did not have membership applications on file. He admitted that he knew that they had performed satisfactorily on jobs to which the Local had referred them in the past, but he made no further investigation of their competence. At the same time, he admitted that he did not know most of the travel card men personally, but knew only that they had taken and passed the tests administered by other Locals. The record belies Respondent's contention that Tabor and Harned were denied referral because the hiring hall provisions of the contract required that only journeymen be referred. We are satisfied that neither the Employers nor Staves construed the Union's obligation to send out "competent and qualified applicants" as requiring that it refer only journeymen. Ragnar Benson's job superintendent testified that he did not know whether or not men sent out by the hiring hall were journeymen; representatives of Hagerman Heating Co. and Owensboro Plumbing and Heating Co. testified that during the period in question the Union sent out, and they hired, one and two apprentices, respectively. That Staves did not construe the contract as requiring that only journeymen be referred is also clear: during this period he sent out at least four apprentices who had applied for referral later than had Tabor and Harped. Despite the fact that there is no evidence that these four were more qualified than Tabor and Harned, their names, and not those of the Charging Parties, appeared on Staves' list. In our opinion, the record in this case establishes that Respondent has continued to operate its hiring hall in a discriminatory manner in violation of Section 8(b)(2) and (1)(a) of the Act. Local 633 refers only journeymen because, according to Staves, only they are competent to perform the available jobs. In order for Tabor and Harned to be considered competent, and so to be referred, they would have to take the journeyman's test administered by the Local. However, Staves testified that they were not permitted to take the test because their membership applications had been rejected. In short, by virtue of their nonmembership in the Union. they were unable to demonstrate the competence which the Union felt was necessary in order for it to refer them. By this means, they were excluded from employment, while union members who applied later, and were even asked to enter the jurisdiction from other areas to fill the shortage of plumbers and pipefitters in Local 633's jurisdiction, were quickly placed. Respondent violated the Act by establishing this system of proving competence and then refusing to allow Tabor and Harned to demonstrate their skills by taking a test. As applied by Respondent, the requirement that a job applicant pass the journeyman's test entails. in essence, a requirement that he belong to the Union This criterion would bar the most qualified plumber from referral not because he was unskilled, but because he had not been permitted to- take the test that serves as the sole means of proving competence. Clearly, the criterion for referral is not ability to do the work, it is union membership. Denial of referral based on that criterion is a violation of Section 8(b)(2). Since the prior case. supra, the method of discrimination had become more subtle, but the result is the same. 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 Respondent, the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada. Local 633, AFL-CIO, its officers, agents, and representatives, shall take the action set forth in the Trial Examiner's Recommended Order, except as hereinafter modified: 1. Delete Section 2(c) of the Recommended Order. 400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Insert, as Section 2(c) and (d) of the Order, the following: (c) Preserve and, upon request, make available to the Board or its agents. for examination and copying. all records pertaining to employment through its hiring hall and all other records relevant and necessary to the computation of the monetary loss, if any, sustained by Tabor and Harried by reason of Respondent's discrimination against them. (d) Maintain a book or semipermanent type of record to reflect accurately the operation of the referral system from the hiring hall, and for a period of 1 year. disclose to the Regional Director for Region 25 or his agents the manner of operation of the hiring hall. 3. Renumber Section 2(d) and (e) of the Recommended Order as Section 2(e) and (f), respectively. 4. In paragraph 4 of the recommended notice, substitute the phrase "non-union members" for the phrase "union members." 5. Add as the last indented paragraph of the notice: WE WILL maintain a book or semipermanent type of record to reflect accurately the operation of the referral system from the hiring hall. and for a period of 1 year. disclose to the Regional Director for Region 25 or his agents the manner of operation of the hiring hall. TRIAL EXAMINER'S DECISION S'[ATEMENT or THE CASF JOHN F. FLNKE, Trial Examiner: Upon charges filed in Cases 25-CB-831-1 and 25-CB-831-2 on September 23, 1968, by Albert B. Harped and Joseph E. Tabor, against United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 633, AFL-CIO, herein Local 633, the General Counsel in November 29. 1968, issued an order consolidating the cases and a complaint alleging Respondent violated Section 8(b)(2) and (()(a) of the Act The answer of Respondent denied the commission of any unfair labor practices. This proceeding, with all parties represented, was heard by me at Owensboro. Kentucky. on February 4 and 5, 1969 At the conclusion of the hearing the parties were given leave to file briefs and briefs were received on March 10. Upon the entire record in this case and from my observation of the witnesses while testifying. I make the following- including the Respondent , and to enter into collective bargaining agreements with said labor organizations where agreement is reached between the parties. and to service said agreements entered into with these labor organizations. Ford McCormick Plumbing & Heating Co., Inc.,; Hagerman Plumbing & Heating Co_ Owensboro Plumbing & Heating Co„ and Charles Millican Plumbing & Heating Co., herein called Ford. Hagerman, Owensboro, and Millican, respectively. are now, and have been at all times material herein . plumbing and heating contractors and members of the Association and have authorized the Association to bargain on their behalf with labor organizations. including Respondent, and are signatories to the current collective bargaining agreement between Respondent and the Association. Owensboro is a Kentucky corporation with principal office and place of business in Owensboro, Kentucky. where it is engaged as a plumbing and heating contractor. In the course and conduct of its business operations during the past twelve months, a representative period, Owensboro purchased and caused to be delivered to Owensboro, Kentucky, materials, goods, and supplies valued in excess of $50.000. which were shipped and transported directly to Owensboro's place of business from locations outside the State of Kentucky Other plumbing and heating contractors, not affiliated with the Association, herein called non-Affiliated contractors, sign the contract negotiated by the Association with Respondent, and are signatories to the current collective bargaining agreement by and between Respondent and the Association. Ragnar Benson, Inc., herein called Ragnar. is a Pennsylvania corporation with principal office and place of business at Pittsburgh, Pennsylvania, and is engaged in the construction industry as a general contractor. During the past 12 months, a representative period. Ragnar, in the course and conduct of its business operations. performed services outside the State of Pennsylvania valued in excess of $50,000.00, and during the same period purchased and shipped to its construction sites in States of the United States goods and materials valued in excess of $50,000 directly from points located outside the State wherein said construction sites are located. The Association. Ford. Hagerman. Owensboro, Millican, Ragnar and non-Affiliated Contractors are now, and have been at all times material herein, each individually and all collectively, an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. ii. 7HE LABOR ORGANIZATION INVOLVED Local 633 is a labor organization within the meaning of the Act iii THE UNFAIR LABOR PRACTICES FINDINGS AND CONCLUSIONS 1. THE COMPANIES INVOLVED Plumbing Contractors of Owensboro, Kentucky, affiliated with the Owensboro Division of the Associated Building Contractors of Evansville, Inc., herein called Association, is now, and has been at all times material herein, an organization with the function and purpose, among others, of representing its member employers in collective bargaining with various labor organizations A. The Facts On or about January 1, 1966, Local 633 and the Association, Ford, Hagerman, Owensboro, Millican and nonaffiliated contractors executed and have since maintained in effect a collective-bargaining agreement (G. C. Exh 3). This agreement, article IV, provides, inter alia- The employer or the individual contracting firm agrees to notify the Union when additional or replacement UNITED ASSN. OF PLUMBERS, LOCAL 633 401 employees are needed The Union agrees to furnish applicants upon nondiscriminatory bases to perform the necessary work when so notified within 48 hours after receiving the request from the employer The decision with regard to hire and tenure of all employees shall he made by the Lmployer. In consideration of the foregoing Agreement by the Employer, the Unions agree to furnish competent and qualified applicants for reference when requested, as provided in the above paragraph, upon a nondiscriminatory basis. The parties heretofore agree to post a notice in a form agreeable to them covering this Article at the places of employment and union halls wherein the above employment practices are to be exercised, as required by Federal Law. Ragner Benson. Inc., although not a signatory to the agreement. agreed to he bound by the hiring provisions of the contract. These provisions were found by the Board to constitute an exclusive hiring hall in United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industri' of the United States and Canada, Local 633, AFL-CIO, 173 NLRB No 205 ' In that decision the Board also found Respondent's practices under the hiring provisions discriminatory. While I find the conclusion as to the hiring arrangement binding upon me, 1 do not find the Board's conclusions as to discriminatory practices binding as to its practices in the instant case Discriminatory practices may cease at any time and, in any event, they occurred more than 6 months prior to the filing of the charges herein= In its order the Board directed Respondent to I Cease and desist from: (b) Maintaining, enforcing or otherwise giving effect to an exclusive hiring arrangement or practice with Chicago, Koenig, Ford or any other employer over whom the Board will assert jurisdiction pursuant to which union members received preference in referrals or tenure of employment over nonmembers It also directed the Respondent to make whole the charging parties. including the two charging parties herein, for any loss of earnings by reason of the discrimination practiced against them. Respondent's qualifications as to membership according to its Constitution and By-Laws read: MEMBERSHIP Application for Membership in Building and Construction Trades and Combination Local Unions SEC. 158 Every applicant for membership as a journeyman in a Building and Construction Trades Local Union or a Combination Local Union (Building and Construction Frades Branch) must be a skilled craftsman and his application must contain information as to his experience and/or training. These qualifications must include: 1. That he has had a minimum of at least five (5) years actual, practical working experience in the plumbing and pipe fitting industry 2 That he is of good moral character The Board's Decision and Order are presently on appeal to the U S Court of Appeals, Sixth Circuit, so the Order has yet to be enforced Regardless of the decision of the court the Trial Examiner is bound by the Boards findings unless thy, Board expressly defers to the Court 'The findings may, however, be used as background evidence Winter Garden Citrus Products Corporation, 116 NLRB 738, 740 Ct E V Prentice Machine Work%, Inc, 120 NLRB 1691, 1692, In 2 3. That he passes a satisfactory examination as to his skill and ability as a Building and Construction Trades journeyman, conducted by the Examining Committee of the Building and Construction Trades Local Union or the Building and Construction Trades Branch of a Combination Local Union. As to permits the Constitution provided: Permits SEC 189. No permits shall be given or issued to anyone (by any Local Union or representative thereof) who is not a member of the United Association or who has not been accepted by the Local Union and is paying an application fee for admittance to the United Association Upon failure to comply with this section Local Unions will be subject to discipline according to the Constitution by the General Executive Board Both Harped and Tabor had applied for membership in Local 633 but, according to Staves, had been rejected for membership by vote of the members because they resided in Breckenridge County, a county not within the job jurisdiction of Local 633. Staves testified that he offered to assist them in applying for membership in Local 522, the Louisville local which had jurisdiction in Breckinridge Count),, but the offer was rejected. It is apparent that neither Tabor nor Harped, since neither was accepted by the Local Union nor paying an application fee for admittance to the United Association, qualified for a permit under the Constitution On January, 1968, Tabor and Harried, together with an individual named Joseph Keller, filed charges against Local 633 resulting in the Board's decision, supra The General Counsel alleges that as the result of the filing of these charges Tabor and Harried have been denied referral by Local 633 in violation of Section 8(b)(I)(a) and (2) of the Act. A few days after the hearing in the prior Local 633 case, (the hearing took place on April 10 and 11, 1968) Tabor testified that he went to the union hall and saw Staves and asked him if he had any work and Staves told him he had no work "this morning or won't have any morning after you all took the action you have against the Union." The next day or so he and Harned went to the hall together and saw Staves. asked him for work and were told "I would he a fool to work you after what you all done." The next week Tabor and Harned returned and again saw Staves According to Tabor, Staves had two papers with a list of names on them, one yellow and one white. As I understand Tabor's testimony the yellow paper contained the names of union members and the white paper the names of six permit men who had been laid off at Ragner Benson. In any event Tabor asked him if he and Harped could go on the waiting list and were told they could not. Until October Tabor and Harped went hack to the hall about once a week but were never referred to any job. He did testify that on one occasion Staves told him that he would not refer any permit men to work because they got him into trouble. Tabor's testimony is substantially corroborated by Harped as to efforts made to secure referral Staves testified that since he had assumed the office of business agent he had not referred any permit rnen for work as steamfitters or pipelitters. He had referred certified welders who were not members of Local 633 to jobs but neither Tabor nor Flamed were certified welders. Staves denied that he ever told Taboi or Harried that he would not refer them for employment because they had 402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD filed charges against Local 633. Staves' justification for refusal to refer permit men is that they were not qualified as journeymen and that so long as journeymen were available no permit men could be referred. B Conclusions I think the threshold question presented is whether Local 633, through its agent Staves, refused to refer Tabor and Harped because they were not members of Local 633 or because they were not qualified journeymen This issue must, 1 believe, be resolved against the Local. In the prior Local 633 case, the Board adopted the Trial Examiner's findings that Local 633 had caused employers to discriminate against permit men by terminating their employment because they were not members of Local 633. The Trial Examiner stated. Respondent's contention that the October 20 layoffs were motivated by economic reasons on the part of Koenig in that four employees were replaced by three, two of whom possessed specialized skills is also untenable since it is clear from Milam's testimony that their layoff would not have occurred but for Respondent's insistence that they be laid off, and it is also clear that the capabilities of the laid off employees had nothing to do with their layoff. Therefore, Respondent's reliance on Section 8(f) of the Act is misplaced since the facts of this case clearly show that work competency was not reason for any of the layoffs but rather lack of membership in Respondent was the reason The record clearly shows that the controlling factor of the layoffs and the revocation of referral at all three employment sites was the lack of membership in the Respondent of the men involved Viewed against this back=ground of discrimination as found by the Board, I cannot escape the conclusion that the conduct of' Local 633 in the instant case represented a continuing pattern of precisely the same kind of discrimination. Here, the discrimination was incipient. Local 633 simply refused referral to Tabor and Harned Since the Board has found that their competency as workmen was not a factor in the prior revocation of their referral rights I am not going to find them less qualified after their ensuing experience with Ragner Benson. Nor do I find any other intervening factors to distinguish the facts of the prior case from this If Local 633 operated, as has been found, an exclusive hiring hall it was bound to refer without discrimination between members and nonmembers and it could not, by fiat, establish journeymen status resulting from membership as a test of superior competency ' In short the case so closely parellels the facts in the prior case that I would, it appears to me, be overruling the Board's decision were I to decide to the contrary. That is not within my province. I find that Local 633 by continued refusal to refer Tabor and Harned for employment as steamfitters or pipefitters by reason of their nonmembership in Local 633 'In reaching this conclusion I have given consideration to the fact that journeymen were required to pass Local 633's own test to establish their competency and eligibility for membership Neither Tabor nor Harned took this test because their applications for membership had never been accepted I haws also given consideration to the fact that both Tabor and Harried s applications for employment with T V A were rejected the letter of rejection (Resp Exh 5) does not show any specific ground for rejection nor the nature of the qualifications required Accordingly I do not give it nor Staves' estimate of their qualifications based upon their applications with T V A (Resp Exhs 3 and 4) controlling weight violated Section 8(b) (2) and (1)(a) of the Act.' THE RFFMEDY Having found Local 633 has engaged in and is engaging in certain unfair labor practices it shall be recommended that it cease and desist from the same and take certain affirmative action designed to effectuate the policies of the Act. It having been found that Local 633 has unlawfully refused to refer Joseph E. Tabor and Albert B. Harned for employment because they were not members of Local 633, it shall be recommended that Local 633 refer said Tabor and Harned for employment as steamtitters or pipefitters for employment in the jurisdiction of Local 633 on a nondiscriminatory basis together with members of Local 633 It is also recommended that Local 633 make Tabor and Harried whole for any loss of earnings or other monetary loss they may have suffered by reason of the discrimination practiced against them Said loss of earnings shall be computed in the manner set forth in F. W Woolworth Company, 90 NLRB 289, and Isis Plumbing & Heating Co., 138 NLRB 716. On the basis of the foregoing findings of fact and conclusions and upon the entire record in this case, 1 make the following Cotsci USIONS OF LAW 1. By refusing to refer Joseph E Tabor and Albert B. Harned for employment to employers with whom it had a hiring arrangement or practice, thereby causing or attempting to cause said employers to encourage membership in Local 633, Local 633 has violated Section 8(b)(2) and (I) of the Act 2. By maintaining an exclusive hiring hall and operating said hall on a discriminatory basis, Local 633 has caused and attempted to cause employers to discriminate against nonmembers of Local 633 in regard to their hire and tenure of employment in violation of Section 8(b)(2) and (1) of the Act. 3. By refusing to place Joseph E. Tabor and Albert B Harned on its waiting or out-of-work list Local 633 violated Section 8(b)(2) and (1) of the Act 4. The aforesaid unfair labor practices are unfair labor practices within the meaning of Section 2(6) and (7) of the Act. RECOMMENDED ORDER It is hereby recommended that United Association of- Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of United States and Canada, Local 633, AFL-CIO, its officers, agents, successors, and assigns, shall, 1. Cease and desist from. 'Having reached this conclusion I find it unnecessary to decide whether the charging parties were also discriminated against because they filed charges against Local 633. This would require a resolution of credibility between Staves, on the one hand, and Tabor and Harned on the other, and pose a most difficult question, a question which could only be resolved by guesswork Cf Blue Flash Express. inc. 109 NLRB 591, where the Trial Examiner confronted with a similar dilemma decided the General Counsel has not sustained his burden of proof on the issue 'International Union of Brewery, Flour, Cereal, Soft Drink and Distillery Workers of America. AFL-CIO, et al. 166 NLRB No. 97. UNITED ASSN. OF PLUMBERS , LOCAL 633 403 (a) Refusing to refer Joseph E Tabor and Albert E Harried for employment to employers in the construction industry within its territorial jurisdiction, refusing to place the names of Joseph E. Tabor and Albert Harned on its out-of-work list on a nondiscriminatory basis. (b) Maintaining, enforcing or otherwise giving effect to an exclusive hiring arrangement or practice with any employer over whom the Board would assert jurisdiction pursuant to which union members received preference in hiring or referral over nonmembers. (c) In any other manner restraining or coercing employees or applicants for employment with any employer over whom the Board would assert jurisdiction in the exercise of the rights guaranteed by Section 7, except to the extent that such rights might be affected by an agreement requiring membership in a labor organization as authorized by Section 8(f) of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act: (a) Make Tabor and Harried whole for any loss of earning or other monetary loss they may have suffered by reason of the discrimination practiced against them in the manner set forth in that part of this Decision entitled "The Remedy " (b) Place. upon request. the names of Joseph E. Tabor and Albert B Harried upon an out-of-work or referral list without discrimination as to union or nonunion employees and refer them to employment with employers in the construction industry over whom the Board would assert jurisdiction without discrimination. (c) Preserve and upon request, recognize and bargain collectively and in good faith with Local 633 as the exclusive collective-bargaining agent of its employees in the unit found appropriate herein. (d) Post in conspicuous places in Local 633's business offices, meeting halls and places where notices to its members are customarily posted. copies of the attached notice marked "Appendix."' Copies of said notice, on forms to be provided by the Regional Director for Region 25, after being duly signed by an authorized representative of Respondent, shall be posted by Respondent immediately upon receipt thereof, and be maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respondent to insure that such notices are not altered, defaced, or covered by other material. (e) Notify the Regional Director for Region 25, in writing. within 20 days from receipt of this Decision, what steps it has taken to comply herewith ' `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 the Regional Director for Region 25, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith " APPENDIX NOTICE -to ALL MEMBERS OF UNITED ASSOCIATION OF JOURNEYMEN AND APPRENIiCl'S,OFTHE PLUMBINGAND PIPL FITTING INDUSTRY OF rHE UNITED STATE S AND CANADA, LOCAL 633. 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 Nor refuse to refer Joseph E Tabor or Albert B Harned or any other employee for employment to any employer in the construction industry because he is not a member of Local 633. WF WILL refer Joseph E Tabor and Albert B. Harned for employment in the construction industry on the same basis as we refer union members for employment. WE WILL, upon request, place the names ofJoseph E. Tabor and Albert B Harncd upon any out-of-work or referrals list maintained by us and we will refer them for employment in the usual order of reference Wr WILL NOT maintain, enforce, or otherwise give effect to any understanding arrangement or practice pursuant to which members of' Local 633 receive preference in referral over union members. WE WILL make Joseph E. Tabor and Albert B. Harried whole for any loss of pay they may have suffered because we have refused to refer them to Jobs. UNITED AssocI .A'IION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, LocAl 633, 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, they may communicate directly with the Board's Regional Office, 614 ISTA Center, 150 West Market Street, Indianapolis, Indiana 46204, Telephone 317-633-8921.