Sheet Metal Workers International Assn

786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Sheet Metal Workers International Association, Local Union No. 223, AFL-CIO and Continental Air Fil- ters Company and Cambridge Filter Corporation and Gelfand Roofing Company . Cases 12-CC-725, 12-CC-726, 12-CC-728, 12-CC-727, and 12- CE-14 November 7, 1974 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND KENNEDY On April 3, 1972, the National Labor Relations Board issued a Decision and Order in the above-enti- tled proceeding.' Therein, the Board found that Re- spondent had engaged in certain unfair labor practic- es within the meaning of Section 8(b)(4)(i) and (ii)(B) and Section 8(e) of the National Labor Relations Act, as amended, and ordered that it cease and desist therefrom and take certain affirmative action. Thereafter, on May 10, 1974, the United States Court of Appeals for the District of Columbia issued its decision,' declining to enforce the Board's Order because, in the court's view, the Board reached the conclusion that Section 8(e) had been violated with- out first making findings with respect to certain enu- merated factors which in the court's opinion were necessary to a determination of an 8(e) violation.3 Accordingly, the court remanded this case to the Board for reconsideration and further evidence gath- ering consistent with the court's opinion. Thereafter, the Board accepted the remand and, by letter dated July 30, 1974, invited the parties to submit statements of position with respect to the is- sues raised by the court's remand. On August 20, 1974, Charging Party Gelfand filed with the Board a request for leave to withdraw its charge in Case 12-CE-14, stating that it had reached a settlement with Respondent through the signing of a new collective-bargaining agreement. Gelfand also asserted that it viewed the dispute as being no longer viable and would not further participate in the pre- sentation of its case. On September 3, 1974, the General Counsel filed with the Board a motion to approve Gelfand's re- quest to withdraw and to dismiss that portion of the complaint which alleged a violation of Section 8(e) of the Act. The General Counsel's stated position is that the purposes of the Act would not be effectuated by further administrative and judicial processing of this matter.4 The Board, having duly considered the matters presented herein, has decided to grant Gelfand's re- quest to withdraw its 8(e) charge and the General Counsel's motion to dismiss that part of the com- plaint.' Accordingly, we shall modify our prior Deci- sion and Order to conform therewith. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby reaffirms its prior Decision and Order in this proceeding, 196 NLRB 55, as modified below, and hereby orders that Respondent, Sheet Metal Workers International Association, Local Union No. 223, AFL-CIO, Miami, Florida, its offi- cers, agents, and representatives, shall take the action set forth in said prior Order, as modified herein: 1. Delete paragraphs 1(b) and 1(c) of the original Order. 2. Delete paragraph 2(a) and reletter the remain- ing paragraphs accordingly. 3. Substitute the attached notice for the original notice attached to the Board's prior Decision and Or- der. IT IS HEREBY FURTHER ORDERED that the request of Charging Party Gelfand to withdraw its charge previ- ously filed in Case 12-CE-14 be, and it hereby is, granted. IT IS HEREBY FURTHER ORDERED that the General Counsel's motion to dismiss that part of the com- plaint alleging a violation of Section 8(e) be, and it hereby is, granted. IT IS HEREBY FURTHER ORDERED that the consolidat- ed complaint issued herein by the Regional Director for Region 12 on March 15, 1971, be, and it hereby is, dismissed insofar as it alleges violations of Section 8(e) of the Act. 196 NLRB 55 2 Sheet Metal Workers International Association, Local Union No 223, AFL-CIOv NLRB, 498 F 2d 687 (C A D C) 3 Respondent did not challenge before the court the Board's findings that it violated Sec 8(b)(4)(i) and (u)(B) or the portions of the Board's cease- and-desist order which related thereto The General Counsel also alleges that Respondent has no objection to the withdrawal of charges and dismissal of the complaint allegations per- taining to Sec 8(e) of the Act 5In view of this action, we need not, and do not, rule on the issue of whether, under the terms of the court's remand, Respondent's conduct vio- lated Sec 8(e) of the Act 214 NLRB No. 115 SHEET METAL WORKERS INTERNATIONAL ASSN 787 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 encour- age any individual employed by Union Air Con- ditioning, Inc., United Sheet Metal 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 employ- ment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services ; or threaten, coerce, or restrain Union Air Conditioning, Inc., United Sheet Metal Company, Gelfand Roofing Company, or any other person engaged in commerce or in an in- dustry affecting commerce, where in either case an object thereof is to force or require any of the aforementioned employers, or any other person, to cease using, selling, handling, transporting, or otherwise dealing in the products of or to cease doing business with Cambridge Filter Corpora- tion, Continental Air Filters Company, East Coast Supply Company, Intercoastal, Inc., Southern Metals, Inc., or any other person man- ufacturing and/or distributing sheetmetal prod- ucts. WE WILL reimburse Gelfand Roofing Compa- ny the sum of $150, and Union Air Condition- ing, Inc., the sum of $670, which we forced them to pay in order to use nonunion label products, together with interest at the rate of 6 percent per annum. SHEET METAL WORKERS INTERNATIONAL ASSOCIA- TION, LOCAL UNION No. 223, AFL-CIO