District Council 16, Plumbers Local 494

DISTRICT COUNCIL 16, PLUMBERS LOCAL 494 323 Southern California Pipe Trades District Council No. 16 of the United Association ; and United Associa- tion of Journeymen and Apprentices of the Plumb- ing and Pipe Fitting Industry of the United States and Canada, Local No. 494 and Associated General Contractors of California, Inc. Southern California Pipe Trades District Council No. 16 of the United Association ; and United Associa- tion of Journeymen and Apprentices of the Plumb- ing and Pipe Fitting Industry of the United States and Canada, Local No. 494 and Associated General Contractors of California, Inc. and Plumbing-Heat- ing and Piping Employers Council of Southern Cali- fornia, Inc., Party to the Contract. Cases 21- CC-1377 and 21-CE-113 July 21, 1975 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS FANNING, JENKINS, AND KENNEDY On December 4, 1973, the National Labor Rela- tions Board, with Member Kennedy dissenting, is- sued its Decision' finding that the Respondent Unions had not violated the National Labor Rela- tions Act, as amended, as alleged and ordering that the complaint be dismissed. Thereafter, on a petition for review, the United States Court of Appeals for the Ninth Circuit considered the case and on March 28, 1975, issued its decision 2 finding that the Re- spondent Unions had violated Section 8(b)(4)(ii)(B) and Section 8(e), vacating the Board's Decision, and remanding the case to the Board with directions to enter a new order consistent with the views expressed in its opinion. 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. The Board hereby accepts the remand and, as di- rected by the court, issues the following: ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondents, Southern California Pipe Trades District Council No. 16 of the United Association; and United Asso- ciation of Journeymen and Apprentices of the '207 NLRB 698. 2 Associated General Contractors of California, Inc v. N.L.R.B , 514 F.2d 433. Plumbing and Pipe Fitting Industry of the United States and Canada, Local No. 494, Los Angeles, Cal- ifornia, their officers, agents, and representatives, shall: 1. Cease and desist from: (a) Threatening, restraining, or coercing Robert J. Ohland Inc., or any other person engaged in com- merce or in an industry affecting commerce, where an object thereof is to force or require Stolte, Inc., National Medical Enterprises, Inc., or any other per- son engaged in commerce or in an industry affecting commerce to cease using, selling, handling, trans- porting, or otherwise dealing in prepiped surgical scrub sinks manufactured by Market Forge or any other producer, processor, or manufacturer, or to cease doing business with Market Forge or any other producer, processor, or manufacturer of prepiped surgical scrub sinks. (b) Maintaining, enforcing, or giving effect to the provisions of section III, paragraph 13, and section XV of the collective-bargaining agreement between the Respondent Unions and the Plumbing-Heating and Piping Employers Council of Southern Califor- nia, Inc., insofar as these clauses are applied to pro- hibit the installation or other use of prepiped surgical scrub sinks. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Post at their business offices and meeting halls copies of the attached notice marked "Appendix." 3 Copies of said notice, on forms provided by the Re- gional Director for Region 21, after being duly signed by responsible officers of the District Council and Local 494, shall be posted by them immediately upon receipt thereof, and be maintained by them for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by Respondent Unions to insure that said no- tices are not altered, defaced, or covered by any other material. (b) Sign and mail to the Regional Director for Re- gion 21 sufficient copies of said notice for posting by the employer-members of Associated General Con- tractors of California, Inc., in places where notices to employees of such members are customarily posted, if the employers are willing. (c) Refund to Robert J. Ohland, Inc., the sum of $557.76 plus 6-percent interest from the date said money was paid by Ohland to the Respondents' re- 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 read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." 219 NLRB No. 53 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tirement fund until the money is refunded by Re- spondents. (d) Notify the Regional Director for Region 21, in writing, within 20 days from the date of this Order, what steps the Respondents have taken to comply herewith. APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT enter into, maintain, enforce, or give effect to section III, paragraph 13, and sec- tion XV of our current collective-bargaining agreement with the Plumbing-Heating and Pip- ing Employers Council of Southern California, Inc., insofar as that agreement prevents Robert J. Ohland, Inc., or any other persons engaged in commerce, from contracting with a general con- tractor for the installation of Market Forge's, or any other manufacturer's, prepiped surgical scrub sinks or stations. WE WILL NOT maintain, give effect to, or en- force any agreement, expressed or implied, un- der which an employer ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting, or otherwise dealing in pre- piped surgical scrub sinks of Market Forge, or any other manufacturer, or any other employer, or to cease doing business with any person in violation of Section 8(e) of the National Labor Relations Act, as amended. WE WILL NOT threaten, coerce, or restrain Robert J. Ohland, Inc., or any person engaged in commerce, where in either case an object thereof is to force National Medical Enterprises, Inc., Stolte, Inc., or any other person engaged in commerce, to cease doing business with Market Forge or any other producer, processor, or man- ufacturer of prepiped surgical scrub sinks. WE WILL refund to Robert J. Ohland, Inc., $557.76, with interest, which sum was wrongful- ly assessed and collected from it in violation of Section 8(e) and Section 8(4)(ii)(B) of the Na- tional Labor Relations Act, as amended. SOUTHERN CALIFORNIA PIPE TRADES DISTRICT COUNCIL No. 16 OF THE UNITED ASSOCIATION