Bechtel Power Corp.

National Labor Relations Board - Board Decisions

May 12, 1977

229 N.L.R.B. 613 (N.L.R.B. 1977)

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