Local 80, Sheet Metal Workers

2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local Union No. 80, Sheet Metal Workers' Interna- tional Association, AFL-CIO and N. L I. Laborato- ry Furniture Inc. and its -subsidiary,- Norlab Corpo- ration and Local -Union No. 337, United Brother- hood of Carpenters and Joiners of America, AFL-CIO. Case 7-CD-255 September 1, 1971 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS JENKINS AND KENNEDY Upon a charge duly filed by N. I. I. Laboratory Furniture Inc. and its subsidiary, Norlab Corpora- tion, the-General Counsel for the National Labor Relations Board, by,the Acting Regional Director for Region 7, issued -a complaint dated July 1, 1971, against Local Union No. 80, Sheet Metal Workers' International Association, AFL-CIO, alleging that it has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b)(4Xi) and (ii)(D) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing were duly served upon the Respondent. ,The complaint alleges in substance that the Respon- dent , violated the Act by engaging in a strike, picketing, and other activities at the Wayne State University Medical Campus Basic Instruction Facili- ty jobsite with the object of forcing or requiring the Charging Party to assign the unloading, moving, uncrating, raising, placing, and installation of fume hoods to employees who are its members or represent- ed by it, rather than to employees who are members of, or are represented by, Local Union No. 337, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. In its answer, dated July 6, 1971, the Respondent admits in part and denies in part the allegations of the complaint and presents an affirma- tive defense. On July 16, 1971, the General Counsel filed a motion to transfer the proceeding to the Board and for summary judgment, alleging that there are no material issues of fact and requesting that the Board issue a Decision and Order. The Respondent on July 21, 1971, filed a statement asserting that, without waiving its defenses on appeal, it did not object to the General Counsel's motion and that the contents of the motion are factually accurate. It also renewed the contentions it made in the 10(k) phase of this proceeding,' on which it concedes the Board has already ruled. Thereafter, on July 29, 1971, the Board issued an order transferring the proceeding to the Board. 1 191 NLRB No. 87. 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 this proceeding to a three- member panel. Upon the entire record in this proceeding, the Board makes the following: RULINGS ON THE M6TION FOR SUMMARY JUDGMENT Pursuant to Section 10(k) of the Act, following a charge filed by the Employer alleging that Respon- dent had violated Section 8(b)(4)(D ) of the Act, a hearing was held March 16, 1971.On June .23, 1971, the Board issued a Decision and Determination of Dispute finding there was reasonable cause to believe that Section 8(b)(4)(D) of the Act had been violated, that the Employer was not bound by an award made by the National Joint Board for the Settlement of Jurisdictional Disputes, and awarding the work in dispute to employees represented by the Carpenters? On June 28, 1971, Respondent notified the Acting Regional Director for Region 7 that it would not comply with the Board's determination of the dispute. Thereafter, on July 7, 1971, the complaint in this proceeding was issued. Respondent, in its answer to the complaint, asserts as an affirmative defense that the work dispute was resolved by a decision of the National Joint Board for the Settlement of Jurisdictional Disputes awarding the work to it and that the Em loyer was bound thereby or, alternatively, that the Employer was not a necessary party to the settlement of the dispute. Respondent concedes that the Board has already ruled on these issues and, to expedite the proceeding without waiving its right to assert its defenses on appeal, does not object to the Board's granting General Counsel's motion for summary judgment. The issues raised by Respondent have previously been litigated and there is no issue which is properly triable in this proceeding. As all material issues have been decided previously by the Board, or admitted by Respondent's answer to the complaint, there are no matters requiring a hearing. The General Counsel's motion for summary judgment is granted. On the basis of the record before it, the Board makes the following: FINDINGS OE FACT 1. THE BUSINESS OF THE EMPLOYER N. I. I. Laboratory Furniture Inc. and its wholly owned subsidiary, Norlab Corporation, are corpora- 9 Ibid. 193 NLRB No. 3 LOCAL 80, SHEET METAL WORKERS 3 tions, with headquarters in the State of New York, engaged in the manufacture, sale, and installation of laboratory furniture throughout the United States; their gross annual revenues exceed $20 million. The site of the present dispute is Detroit, Michigan, where the Employer is engaged in work on a subcontract valued at approximately $1.3 million, which will involve the direct shipment to the jobsite from points outside the State of materials valued in excess of $50,000. We find that the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the purposes of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATIONS INVOLVED Local Union No. 80, Sheet Metal Workers' Interna- tional Association, AFL-CIO, and Local Union No. 337, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, are labor organizations within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. Background and Facts of the Dispute The Employer has a subcontract let by the Barton- Marlow Company, a general contractor located in Oak Park, Michigan, to manufacture and install laboratory furniture in connection with construction work at Wayne State University. At least part of the work involves the installation of fume hood cabinets, which the Employer assigned to its employees who were members of the Carpenters. On December 23, 1970, two of the Respondent' s agents, Martin Tibbs and Joseph Rivard, claimed the installation and related work on the fume hoods for the Respondent's members. On January 15, 1971, Tibbs and Rivard threatened to picket the jobsite and the Respondent engaged in a strike and picketing at the jobsite from February 9 to 12, 1971, when work on the fume hoods was suspended and the picketing ceased. The Respondent admits that an object of the picketing was to,force the Employer to award the disputed work to employees who are members of, or are represented by, Respon- dent. As a result of the picketing, employees of Carlson Brothers Company, a sheetmetal contractor, who are represented by the Respondent, withheld their services from February 9 to 12, 1971. B. The Determination of the Dispute On June 23, 1971, the Board issued its Decision and Determination of Dispute, 191 NLRB No. 87, assigning the work of unloading, uncrating, raising, placing, and installing fume hoods at the Wayne State University Medical Campus Basic Instruction Facili- ty, Detroit, Michigan, to employees represented by Local Union No. 337, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. The Board also found that Local Union No. 80, Sheet Metal Workers' International Association, AFL-CIO, was not entitled by means proscribed by Section 8(b)(4)(D) of the Act to force or require the Employer to award the disputed work to its members or employees it represents. C. Respondent's Refusal To Comply Following issuance of the Board's Decision and Determination of Dispute pursuant to Section 10(k) of the Act, Respondent, by counsel, notified the Acting Regional Director for Region 7 that it would not refrain from forcing or requiring the Employer, by means proscribed by Section 8(b)(4)(D) of the Act, to award the work in dispute to its members. On the basis of the foregoing, and the entire record in this proceeding, we find that Respondent's threats of picketing, picketing, and striking, described above, violated Section 8(b)(4)(i) and (ii)(D) of the Act. IV.-THE EFFECT OF THE UNFAIR LABOR PRACTICES The activities of the Respondent set forth in setction III,. above, occurring in connection with the Employ- er's operations described in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstruct- ing commerce and the free flow of commerce. N. THE REMEDY Having , found that the Respondent has engaged in unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(D) of the Act, we shall order that it cease and desist therefrom and take certain affirma- tive action designed to effectuate the purposes of the Act. CONCLUSIONS OF LAW 1. N. I. 1. Laboratory Furniture Inc. and its subsidiary, Norlab Corporation, are employers en- gaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. The Respondent and the Carpenters are labor organizations within the meaning of Section 2(5) of the Act. 3. The Respondent is not entitled to force or require the Employer to assign the work of unloading, uncrating, raising, placing, and installing fume hoods at the Wayne State University Medical Campus Basic 4 DECISIONS OF NATIONAL Instruction Facility to employees it represents by means proscribed by Section 8(b)(4)(D) of the Act. 4. By threatening to picket and striking and picketing the Wayne State University Medical Cam- pus Basic Instruction Facility jobsite, with an object of forcing or requiring the Employer to assign certain work to employees represented by the Respondent rather than employees represented by the Carpenters, the Respondent has engaged in unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(D) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices within the meaning of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Local Union No. 80, Sheet Metal Workers' Interna- tional Association, AFL-CIO, its officers, agents, and representatives, shall: 1. Cease and desist from engaging in, or inducing or encouraging individuals employed by N. I. I. Laboratory Furniture Inc. or its subsidiary, Norlab Corporation, or any other persons engaged in com- merce or in an industry affecting commerce to engage in, a strike or refusal in the course of their employ- ment to use, manufacture, process, transport, or otherwise handle or work on goods, articles, materi- als, or commodities, or to perform any services; or threatening, coercing, or restraining N. I. I. Laborato- ry Furniture Inc. or its subsidiary, Norlab Corpora- tion, or any other persons engaged in commerce or in an industry affecting commerce, where in either case an object is to force or require N. I. I. Laboratory Furniture Inc. or its subsidiary, Norlab Corporation, to assign the work of unloading, uncrating, raising, placing, and installing fume hoods at the Wayne State University Medical Campus Basic Instruction Facili- ty, Detroit, Michigan, to its members or employees it represents rather than to employees represented by Local Union No. 337, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. 2. Take the following affirmative action designed to effectuate the purposes of the Act: (a) Post at its business offices and meeting halls copies of the attached notice marked "Appendix." 3 Copies of said notice, on forms provided by the Regional Director for Region 7, after being duly signed by Respondent's authorized representative, shall be posted by it immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. LABOR RELATIONS BOARD Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material. (b) Furnish the Regional Director for Region 7 signed copies of such notice for posting by the Employer, if willing, in places where notices to employees are customarily posted. (c) Notify the Regional Director for Region 7, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply herewith. 3 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD" shall be changed to read "POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD." APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT engage in, or induce or encourage individuals employed by N. I: I. Laboratory Furniture Inc. or its subsidiary, Norlab Corpora- tion, or any other person engaged in commerce or in an industry affecting commerce to engage, in, a strike or refusal in the course of their employment to use, manufacture, process, transport, or other- wise handle or work on goods, articles, materials, or commodities, or to perform any services; or threatening, coercing, or restraining N. I. I. Laboratory Furniture Inc. or its subsidiary, Norlab Corporation, or any other persons engaged in commerce or in an industry affecting com- merce, where in either case an object is to force or require N. I. I. Laboratory Furniture Inc, or its subsidiary, Norlab Corporation, to assign the work df unloading, uncrating, raising, placing, and installing fume hoods at the Wayne State Univer- sity Medical Campus Basic Instruction Facility, Detroit, Michigan, to its members or employees it represents rather than to employees represented by Local Union No. 337, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. LOCAL UNION No. 80, SHEET METAL WORKER'S INTERNATIONAL ASSOCIATION, AFL-CIO (Labor Organization) Dated By (Representative) (Title) LOCAL 80, SHEET METAL WORKERS 5 This is an official notice and must not be defaced by Any questions concerning this notice or compliance anyone. with its provisions may be directed to the Board's This notice must remain posted for 60 consecutive Office, 500 Book Building, 1249 Washington Boule- days from the date of posting and must not be altered , vard, Detroit, Michigan 48226, Telephone defaced, or covered by any other material . 313-226-3200.