International Longshoremen's Association, Local 1180, AFL-CIO (Lake Charles Stevedores, Inc.)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Longshoremen's Association, Local 1180, AFL-CIO (Lake Charles Stevedores, Inc.) and Lawrence E. Williams. Case 15-CB-2619 March 10, 1983 DECISION AND ORDER BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER On November 12, 1982, Administrative Law Judge Frank H. Itkin issued the attached Decision in this proceeding. Thereafter, the General Counsel filed limited exceptions and a supporting brief. 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 has considered the record and the at- tached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board adopts as its Order the recommended Order of the Administrative Law Judge, as modi- fied below, and hereby orders that the Respondent, International Longshoremen's Association, Local 1180, AFL-CIO, its officers, agents, and repre- sentatives, shall take the action set forth in the said recommended Order, as modified: 1. Substitute the following for paragraph l(d): "(d) Refusing to grant referral from its hiring hall facilities to Williams or any other member, em- ployee, or applicant for employment on an equal and nondiscriminatory basis by refusing to refer members, employees, or applicants for employment because they have failed to pay a 'death assess- ment,' or in any other manner causing or attempt- ing to cause employers to discriminate against members, employees, or applicants in violation of Section 8(a)(3) of the Act." 2. Substitute the attached notice for that of the Administrative Law Judge. APPENDIX NOTICE To MEMBERS, EMPLOYEES, AND APPLICANTS FOR EMPLOYMENT USING OUR HIRING HALL FACILITIES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT threaten to refuse to refer in- dividuals for employment until they pay a "death assessment." WE WILL NOT place handwritten notes on the foreman's table directing that a "death as- sessment" must be paid as a condition of hiring. WE WILL NOT cause Lake Charles Steve- dores, Inc., or any other employer, to termi- nate the employment of Lawrence E. Wil- liams, or any other employee, because he has not paid a "death assessment." WE WILL NOT refuse to grant referrals from our hiring hall facilities to employee Williams, or any other member, employee, or applicant for employment, on an equal and nondiscri- minatory basis, by refusing to refer members, employees, or applicants for employment be- cause they have failed to pay a "death assess- ment" and WE WILL NOT in any other manner cause or attempt to cause employers to dis- criminate against members, employees, or ap- plicants for employment in violation of Section 8(a)(3) of the Act. WE WILL NOT in any other manner restrain or coerce employees in the exercise of the rights guaranteed them in Section 7 of the Act. WE WILL make whole employee Williams for any loss of earnings he may have sustained by reason of the discrimination against him, with interest. WE WILL notify, in writing, said Employer and employee that our hiring hall facilities and job opportunities will be available to Williams on an equal and nondiscriminatory basis, with other members, employees, and applicants. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1180, AFL- CIO DECISION FRANK H. ITKIN, Administrative Law Judge: An unfair labor practice charge was filed in the above case on July 22; an amended charge was filed on August 24; and a complaint issued on August 24, 1982. A hearing was held in Lake Charles, Louisiana, on October 13, 266 NLRB No. 77 484 LONGSHOREMEN'S LOCAL 1180 1982. At the hearing, counsel for Respondent admitted the allegations of the complaint, stipulated to the perti- nent facts, and acknowledged that his client had violated Section 8(b)(1)(A) and (2) of the National Labor Rela- tions Act, as alleged. The only issue raised is the scope of the order to remedy the unfair labor practice conduct involved. Accordingly, upon the entire record before me, I make the following: FINDINGS OF FACT Lake Charles Stevedores, Inc., is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. Respondent Union is a labor organization within the meaning of Section 2(5) of the Act. On or about'July 12, 1982, Respondent Union, at its hiring hall, by its president and agent Louis Thomas, threatened to refuse to refer individuals for employment until they paid a "death assessment." Thomas, during July 1982, placed a handwritten note on the foreman's table directing that the "death assessment" must be paid as a condition of hiring. During July 1982, Respondent Union, by its busi- ness agent Emmett Joiner, threatened to refuse to refer individuals for employment until they paid a "death as- sessment." And, on or about July 12 or 13, 1982, Re- spondent Union caused Lake Charles Stevedores, Inc., to terminate the employment of Charging Party Lawrence E. Williams because he had not paid the "death assess- ment" as required. CONCLUSIONS OF LAW 1. Lake Charles Stevedores, Inc., is an employer en- gaged in commerce as alleged. 2. Respondent Union is a labor organization as alleged. 3. Respondent Union has violated Section 8(b)(1)(A) and (2) of the Act by threatening to refuse to refer indi- viduals for employment until they paid the "death assess- ment"; by placing a handwritten note on the foreman's table directing that the "death assessment" must be paid as a condition of hiring; and by causing Lake Charles Stevedores, Inc., to terminate the employment of Law- rence E. Williams because he had not paid the "death as- sessment" as required by Respondent. 4. The unfair labor practices found above affect com- merce as alleged. REMEDY The General Counsel, citing Hickmott Foods, Inc., 242 NLRB 1357 (1979), argues that Respondent Union is in effect a "repeat offender" and therefore should be sub- jected to a broad remedial order.' The General Counsel, in support of this contention, relies upon, in part, three prior Board proceedings with Respondent Union involv- ing essentially similar alleged violations which resulted in informal settlements. However, the General Counsel ac- knowledges that these informal settlements contain the I In Hickmorr, the Board concluded that the "record is devoid of any facts which require a broad remedy .. . . the union engaged in (a) single violation of Sec. 8(bX2) in securing the discriminatory discharge .... The Board noted, however, "repeat offenders and egregious violators of the Act would be subject to the traditional Board remedy for conduct which requires broad injunctive relief .... " usual nonadmission clauses and, consequently, as the Board has held, "a settlement agreement containing a non-admission clause would not be used to show a pro- clivity to violate the Act" to support a broad remedial order. See Tri-State Building and Construction Trades Council, AFL-CIO (Structures, Inc.), 257 NLRB 295 (1981), and cases cited. The General Counsel further relies on International Longshoremen's Association, Local 1180, AFL-CIO (Lake Charles Stevedores), 263 NLRB 954 (1982). In that case, the Board found that the union violated Section 8(b)(1)(A) and (2) by refusing to refer an employee member to work because of his failure to pay a fine levied against him.2 It is clear that Respondent Union has continued to vio- late Section 8(b)(l)(A) and (2) of the Act. Respondent Union has not only caused the unlawful discharge of an employee member here because he refused to pay a "death assessment," it has also repeatedly threatened its membership that they will not be referred for employ- ment unless they pay such an assessment, in clear viola- tion of the Act. This repeated, unlawful conduct all has occurred within a relatively short period of time. In sum, I find and conclude here that the General Counsel has sufficiently demonstrated that Respondent is a repeat offender and has a proclivity to violate the per- tinent sections of the Act. Accordingly, a broad remedial order will be recommended. Respondent Union will therefore be directed to, inter alia, cease and desist from engaging in the conduct found unlawful herein or in any other manner restraining or coercing employees in the exercise of their Section 7 rights; to make whole employ- ee Williams for any loss of earnings he may have suf- fered as a result of the unlawful discrimination against him;3 with interest, computed and determined as pre- scribed in F. W. Woolworth Company, 90 NLRB 289 (1950), and Florida Steel Corporation, 231 NLRB 651 (1977);4 to post at its Lake Charles facility the notice at- tached; to mail copies of said notices to Lake Charles Stevedores, Inc., for posting if it is willing to do so; to notify, in writing, said Employer and employee Williams that the Union's hiring hall facilities and job opportuni- ties will be available to Williams on an equal and nondis- criminatory basis; and to maintain and, upon request, make available to the Board or its agents for examination and copying job registration and referral records and any other documents or records of such referrals and assign- ments which are necessary to show compliance with this Decision and Order. ORDER 5 The Respondent, International Longshoremen's Asso- ciation, Local 1180, AFL-CIO, Lake Charles, Louisiana, its officers, agents, and representatives, shall: 2 The Board refused to enter a broad order there based on the two informal settlements cited. I It was stipulated that Williams' loss of earnings as a result of Re- spondent's unlawful conduct totals S188.80. 4 See, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962). 5 In the event no exceptions are filed as provided by Sec. 102.46 of the Rules and Regulations of the National Labor Relations Board, the find- ings, conclusions, and recommended Order herein shall, as provided in Continued 485 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Cease and desist from: (a) Threatening to refuse to refer individuals for em- ployment until they have paid a "death assessment." (b) Placing handwritten notes on the foreman's table directing that a "death assessment" must be paid as a condition of hiring. (c) Causing Lake Charles Stevedores, Inc., or any other employer, to terminate the employment of employ- ee Lawrence E. Williams, or any other employee, be- cause he or they have or have not paid a "death assess- ment." (d) Refusing to grant referrals from its hiring hall facil- ities to Williams, or any other member, employee, or ap- plicant, on an equal and nondiscriminatory basis, by re- fusing to refer members, employees, or applicants for employment because they have failed to pay a "death as- sessment," and from otherwise causing or attempting to cause employers to discriminate against members, em- ployees, or applicants, in violation of Section 8(a)(3) of the Act. (e) In any other manner restraining or coercing em- ployees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the purposes of the Act: (a) Make whole employee Williams for any loss of earnings which he may have sustained by reason of the discrimination against him, with interest, in the manner set forth in this Decision. (b) Notify, in writing, said Employer and Williams that the Union's hiring hall facilities and job opportuni- Sec. 102.48 of the Rules and Regulations, be adopted by the Board and become its findings, conclusions, and Order, and all objections thereto shall be deemed waived for all purposes. ties will be available to Williams on an equal and nondis- criminatory basis, with other members, employees, and applicants. (c) Maintain and, upon request, make available to the Board or its agents, for examination and copying, job registration and referral records and any other docu- ments or records of such referrals or assignments, as pro- vided in this Decision. (d) Post at its business offices, hiring hall, and meeting places in Lake Charles, Louisiana, copies of the attached notice marked "Appendix." 6 Copies of said notice, on forms provided by the Regional Director for Region 15, after being duly signed by Respondent's authorized rep- resentative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 con- secutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by Respondent to ensure that said notices are not altered, defaced, or cov- ered by any other material. (e) Additional copies of the attached notice marked "Appendix" shall be signed by an authorized representa- tive of Respondent and forthwith returned to the Re- gional Director for posting by Lake Charles Stevedores, Inc., at its place of business in Lake Charles, where no- tices to employees are customarily posted, if it is willing to do so. (f) Notify the Regional Director for Region 15, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. s 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 Pursu- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." 486