Local Union 399, Carpenters

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local Union 399, United Brotherhood of Carpenters and Joiners of America, AFL-CIO and K & K Con- struction Co., Inc. Case 22 CC 675 May 10, 1979 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND MURPHY On November 22, 1977, the National Labor Rela- tions Board issued its Decision and Order in the above-entitled proceeding,' finding, contrary to the Administrative Law Judge, that Respondent Local Union 399, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, did not violate Sec- tion 8(b)(4)(ii)(B) of the Act by publicizing a primary area standards dispute to the consuming public by means of peaceful pickets and handbills. Accordingly, the Board dismissed the complaint. Thereafter, K & K Construction Co., Inc., filed a petition for review of the Board's Order before the United States Court of Appeals for the Third Circuit. On January 12, 1979, the court issued its opinion,2 in which it set aside the Board's Order on the ground that the Board erred in characterizing the picketing as primary in nature and failing to apply the settled merged-product rule.3 The court remanded the case to the Board for appropriate action consistent with the court's opinion. Thereafter, the Board accepted the court's remand and notified the parties of this action by letter dated April 6, 1979. 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 view of the foregoing, including the court's opin- ion and the entire record in the case, the Board ac- cepts the court's findings and conclusions as the law of the case and hereby issues the Order as set forth below.4 ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Rela- tions Board hereby orders that Respondent, Local i 233 NLRB 718 (Member Penello dissenting). 2 K d K Construction Co., Inc. v. N.L.R.B., 592 F.2d 1228 (3d Cir. 1979). 1592 F.2d at 1229. 4Member Penello agrees with the court's decision as well as the present disposition of the case for the reasons stated in his dissenting opinion in the Board's original Decision. Union 399, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Blairstown, New Jer- sey, its officers, agents, and representatives, shall: 1. Cease and desist from threatening, coercing, or restraining Panther Valley Ltd. by engaging in picket- ing to persuade customers not to patronize or pur- chase homes sold by Panther Valley Ltd., or threaten- ing to engage in such picketing, where an object thereof is to force or require Panther Valley Ltd., or any other persons, to cease doing business with K & K Construction Co., Inc., under circumstances prohibited by Section 8(b)(4)(ii)(B) of the Act. 2. Take the following affirmative action designed to effectuate the policies of the Act: (a) Post at its business offices and meeting halls copies of the attached notice marked "Appendix."5 Copies of said notice, on forms provided by the Re- gional Director for Region 22, after being duly signed by Respondent's representative, shall be posted by it immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicu- ous places, including all places where notices to mem- bers are customarily posted. Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other ma- terial. (b) Furnish to the Regional Director for Region 22 signed copies of the attached notice marked "Appen- dix," for posting by Panther Valley Ltd. and K & K Construction Co., Inc., if they are willing, at places where they customarily post notices to their employ- ees. (c) Notify the Regional Director for Region 22, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. 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." APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT threaten, coerce, or restrain Panther Valley Ltd. by engaging in picketing to persuade customers not to patronize or purchase homes sold by Panther Valley Ltd., or threaten- 242 NLRB No. 22 108 LOCAL UNION 399. CARPENTERS ing to engage in such picketing, where an object thereof is to force or require Panther Valley Ltd., or any other persons, to cease doing business with K & K Construction Co., Inc.. under cir- cumstances prohibited by Section 8(b)(4)(ii)(B) of the National Labor Relations Act. as amended. LOCAL. UNION 399, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO 109