Bricklayers, Masons and Plasterers' Union, Local No. 1

National Labor Relations Board - Board Decisions

Oct 17, 1974

214 N.L.R.B. 92 (N.L.R.B. 1974)

92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Bricklayers , Masons and Plasterers ' Union, Local No.
1 and Barr Floors , Inc. Case 1-CB-2324
October 17, 1974
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS JENKINS, KENNEDY, AND PENELLO
On March 21, 1974, the National Labor Relations
Board issued a Decision and Order in the above-enti-
tled proceeding' in which the Board adopted the
findings and conclusions of the Administrative Law
Judge as contained in his Decision dated November
26, 1973, and ordered that Respondent take the ac-
tions set forth in the Recommended Order of the Ad-
ministrative Law Judge. In his Decision, the Admin-
istrative Law Judge concluded, inter alia, that Re-
spondent violated Section 8(b)(1)(B) of the Act by
fining the Employer's two supervisors, both of whom
were members of sister locals of Respondent, for
crossing Respondent's picket line and performing
rank-and-file struck work.' In its Decision, the Board
noted that the Supreme Court had granted its peti-
tions for certiorari in International Brotherhood of
Electrical Workers, AFL-CIO [Illinois Bell Telephone
Company] v. N.L.R.B., and International Brotherhood
of Electrical Workers, Local 641 [Florida Power &
Light Company] v. N.L.R.B.,3 and stated that it would
continue to adhere to its decisions in those cases until
such time as the Supreme Court might determine the
issue. Subsequently on June 24, 1974, the Supreme
'209 NLRB 820.
2 The Board further adopted the Administrative Law Judge 's conclusion,
to which no party excepted , that Respondent did not violate Sec. 8 ( b)(I)(B)
by fining the Employer's sole owner for engaging in the same conduct.
3 487 F.2d 1143 (C.A.D.C., 1973), reversing and remanding 192 NLRB 85
( 1971), and 193 NLRB 30. (1971).
Court issued its opinion 4 in which it affirmed the
court of appeals' ruling reversing and remanding
those cases to the Board.
Thereafter, on July 29, 1974, the Board issued a
notice to the parties advising them that the Board
had decided, sua sponte, to reconsider its Decision
and Order in the above-entitled proceeding in light
of the Supreme Court's opinion and requesting that
the parties file statements of position with respect to
the effect of the Supreme Court's opinion on the in-
stant proceeding. No party filed a response thereto.
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 its opinion the Supreme Court considered the
precise issue involved herein and held that a union
does not violate Section 8(b)(1)(B) of the Act by fin-
ing member-supervisors for crossing its picket line
and performing rank-and-file struck work during a
lawful economic strike against the employer. Upon
reconsideration of our prior Decision herein, we con-
clude that it cannot stand because it is contrary to
that holding of the Supreme Court, and we therefore
find that Respondent did not violate the Act as al-
leged in the complaint. Accordingly we shall dismiss
the complaint in its entirety.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the complaint here-
in be, and it hereby is, dismissed in its entirety.
Florida Power & Light Company v. International Brotherhood of Electrical
Workers, Local 641, et at, and N. L. R. B. v. International Brotherhood of Elec-
trical Workers,. AFL-CIO, el al., 417 U.S.'790 (1974).