Bechtel Power Corp.

BECHTEL POWER CORP. Bechtel Power Corporation and Paul H. Robertson International Brotherhood of Electrical Workers, Local 322, AFLCIO and Paul H. Robertson. Cases 27-CA-4359 and 27-CB-897 May 12, 1977 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND WALTHER On April 16, 1976, the National Labor Relations Board issued a Decision and Order in the above- entitled proceeding.' Thereafter, the General Coun- sel filed a motion for clarification and modification, to which the Charging Party filed an opposition. In his motion, the General Counsel seeks, in light of the Board's subsequent decision in Interstate Electric Company, 227 NLRB 1996 (1977), to have the Board amend so much of its Decision as found a violation of Section 8(a)(1) and (3) and Section 8(b)(l)(A) and (2) of the Act in the Respondents' maintenance and enforcement of a collective-bargaining agreement containing an exclusive hiring hall arrangement under which preference was given to applicants who were represented by Respondent Local 322 at prior places of employment.2 The General Counsel further moves, however, that those portions of the Board's Decision which found a violation of Section 8(a)(l) and (3) and Section 8(b)(1)(A) and (2) of the Act in the particular manner in which Respondents oper- ated the exclusive hiring hall be reaffirmed. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The basis for the General Counsel's position is that, in the instant proceeding, the Board's finding that the operative contractual arrangement was, in itself, unlawful was based upon our earlier decision in Nassau-Suffolk Chapter of the National Electrical Contractors' Association, Inc. and Alcap Electrical Corporation, 215 NLRB 894 (1974), which was, subsequently, overruled in Interstate, supra. It is clear that so much of the instant Decision as based a violation of the statute on Nassau-Suffolk is no longer viable. But, as the General Counsel correctly points out, the instant Decision further found a violation of the statute in the particular manner the Respondent Local 322 referred appli- cants.3 The opposition does not contend that violation of the statute can no longer be found in light of Interstate, supra. Rather, the opposition contends 229 NLRB No. 84 that Interstate itself was incorrectly decided and that, therefore, both bases for finding the violations, i.e., the contractual arrangement's inherent illegality and the manner in which Respondents applied the operative contractual clauses, should remain undis- turbed. In this sense, the opposition, though styled so, amounts solely to a motion for reconsideration of Interstate. Having considered the matter, we conclude there is obvious merit in the General Counsel's motion and we therefore amend our Decision and Order to find that Respondents were not in violation of Section 8(a)(1) and (3) and Section 8(b)(IXA) and (2) solely by maintenance and enforcement of a contractual arrangement under which preference in referral was given to applicants who were represented by Local 322 at places of prior employment. Accordingly, we shall delete paragraph 3 of the Administrative Law Judge's Conclusions of Law. ORDER It is hereby ordered that the Decision and Order (223 NLRB 925) be, and it hereby is, modified as follows: 1. Delete paragraphs A,(l),(a) and B,(l),(a) of the Order and reletter all remaining paragraphs accord- ingly. 2. Substitute the attached notices for those attached to the Board's original Decision and Order. IT IS FURTHER ORDERED that so much of the Decision and Order as remains unaffected by the above modifications be reaffirmed. 223 NLRB 925. 2 Chairman Fanning did not find a violation on this ground. See fn. I of the Decision and Order. I See fn. I of the Decision and Order: sec. D(2) of the Administrative Law Judge's Decision. APPENDIX A NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT maintain, enforce, or otherwise give effect to an exclusive hiring hall contractual arrangement with Bechtel Power Corporation which is operated in such a manner as to exclude nonunion members from the hiring hall or which requires nonunion members to be hired only as temporary employees. WE WILL NOT cause or attempt to cause Bechtel Power Corporation to discharge or discriminate with regard to the retention of employment of any employee because that employee is not a member of a union. 613 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT refuse to allow any employee access to our exclusive hiring hall because that employee is not a member of a union. WE WILL NOT operate our hiring hall in such a manner as to cause or attempt to cause any employer subject to the Board's jurisdiction to deny employment to any employee or applicant for employment because of lack of union mem- bership. WE WILL NOT in any other manner interfere with, restrain, or coerce employees in the exercise of their rights guaranteed in Section 7 of the Act. WE WILL notify Bechtel Power Corporation in writing that we have no objection to the immedi- ate and full reinstatement of Carl Coates, Virgil Brown, Steve Hudspeth, Richard Loeffler, Paul Robertson, Gene Olschewski, and Val Zinke to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or other rights and privileges, and furnish those employees with a copy of such notification. WE WILL, jointly and severally with Bechtel Power Corporation, make the above-named employees whole by paying them backpay with interest at 6 percent. WE WILL register Harold Hudson at our exclusive hiring hall and make him whole by paying him backpay that may be due with interest at 6 percent. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 322, AFL-CIO APPENDIX B NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT maintain, enforce or otherwise give effect to an exclusive hiring hall contractual arrangement with International Brotherhood of Electrical Workers, Local 322, AFL-CIO, which gives preference in referrals and employment opportunities to applicants for employment who have previously worked for employers who had collective-bargaining agreements with that Union. WE WILL NOT maintain, enforce, or otherwise give effect to an exclusive hiring hall contractual arrangement with said Union which is operated in such a manner as to exclude nonunion members from the hiring hall or which requires nonunion members to be hired only as temporary employ- ees. WE WILL NOT discharge or discriminate with regard to the retention of employment of any employee because that employee is not a member of a union. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their rights guaranteed in Section 7 of the Act. WE WILL offer Carl Coates, Virgil Brown, Steve Hudspeth, Richard Loeffler, Paul Robertson, Gene Olschewski, and Val Zinke immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or other rights and privileges. WE WILL, jointly and severally with Interna- tional Brotherhood of Electrical Workers, Local 322, AFL-CIO, make the above-named employ- ees whole by paying them backpay with interest at 6 percent. BECHTEL POWER CORPORATION 614