Bricklayers, Masons and Plasterers' Union, Local No. 1

92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Bricklayers, Masons and Plasterers' Union, Local No. 1 and Barr Floors, Inc. Case 1-CB-2324 October 17, 1974 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS JENKINS, KENNEDY, AND PENELLO On March 21, 1974, the National Labor Relations Board issued a Decision and Order in the above-enti- tled proceeding' in which the Board adopted the findings and conclusions of the Administrative Law Judge as contained in his Decision dated November 26, 1973, and ordered that Respondent take the ac- tions set forth in the Recommended Order of the Ad- ministrative Law Judge. In his Decision, the Admin- istrative Law Judge concluded, inter alia, that Re- spondent violated Section 8(b)(1)(B) of the Act by fining the Employer's two supervisors, both of whom were members of sister locals of Respondent, for crossing Respondent's picket line and performing rank-and-file struck work.' In its Decision, the Board noted that the Supreme Court had granted its peti- tions for certiorari in International Brotherhood of Electrical Workers, AFL-CIO [Illinois Bell Telephone Company] v. N.L.R.B., and International Brotherhood of Electrical Workers, Local 641 [Florida Power & Light Company] v. N.L.R.B.,3 and stated that it would continue to adhere to its decisions in those cases until such time as the Supreme Court might determine the issue. Subsequently on June 24, 1974, the Supreme '209 NLRB 820. 2 The Board further adopted the Administrative Law Judge 's conclusion, to which no party excepted , that Respondent did not violate Sec. 8 (b)(I)(B) by fining the Employer's sole owner for engaging in the same conduct. 3 487 F.2d 1143 (C.A.D.C., 1973), reversing and remanding 192 NLRB 85 ( 1971), and 193 NLRB 30. (1971). Court issued its opinion 4 in which it affirmed the court of appeals' ruling reversing and remanding those cases to the Board. Thereafter, on July 29, 1974, the Board issued a notice to the parties advising them that the Board had decided, sua sponte, to reconsider its Decision and Order in the above-entitled proceeding in light of the Supreme Court's opinion and requesting that the parties file statements of position with respect to the effect of the Supreme Court's opinion on the in- stant proceeding. No party filed a response thereto. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. In its opinion the Supreme Court considered the precise issue involved herein and held that a union does not violate Section 8(b)(1)(B) of the Act by fin- ing member-supervisors for crossing its picket line and performing rank-and-file struck work during a lawful economic strike against the employer. Upon reconsideration of our prior Decision herein, we con- clude that it cannot stand because it is contrary to that holding of the Supreme Court, and we therefore find that Respondent did not violate the Act as al- leged in the complaint. Accordingly we shall dismiss the complaint in its entirety. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the complaint here- in be, and it hereby is, dismissed in its entirety. Florida Power & Light Company v. International Brotherhood of Electrical Workers, Local 641, et at, and N. L. R. B. v. International Brotherhood of Elec- trical Workers,. AFL-CIO, el al., 417 U.S.'790 (1974).