Broward County Port Authority

National Labor Relations Board - Board DecisionsNov 13, 1963

144 N.L.R.B. 1539 (N.L.R.B. 1963)

BROWARD COUNTY PORT AUTHORITY 1539 Calendar Quarters 1961-2 (May 22-June 30)------------------------------- $634.00 1961-3------------------------------------------------ 1,051.00 1961-4------------------------------------------------ 5665.00 1962-1 ------------------------------------------------ 689.00 1962-2------------------------------------------------61,164.00 1962-3------------------------------------- ----------- 488.00 1962-4------------------------------------------------ 81.00 Total net amount--------------------------------- 4,772.00 Concluding Findings On the basis of the evidence in the record as a whole, I find that Nelson promptly effected an unemployment registration ; in addition he registered with the Union and sought work elsewhere by applying to individual employers in the Nashville area. It is obvious that he was successful in obtaining temporary work, and at all times when not employed he was registered with the State employment agency. Accord- ingly, I find that the General Counsel has established a prima facie case. Respond- ent has failed to establish any facts which would negate or mitigate its liability to the discriminatee , beyond that reflected by the interim earnings contained in the specification? CONCLUSIONS AND RECOMMENDATIONS Accordingly, for the reasons set forth , I find and conclude that William H. Nelson is entitled to payment by the Respondent of the sum of $4,772, less the tax with- holding required by Federal and State laws. It is recommended that the Board adopt the foregoing findings and conclusions. 5 While the specifications Indicate the earnings of Ingram for the week ending Decem- ber 21 were $ 54 40, Respondent ' s records reflect payment of $154 .40 on December 23. The specification Is corrected accordingly. R While the specifications indicate the earnings of Weakley for the week ending April 5 were $87.60, Respondent 's records reflect payment of $89 20. The specification is cor- rected accordingly 7 United States Air Conditioning Corporation, 141 NLRB 1278 ; Mastro Plastics Corpora- tion, 136 NLRB 1342; Monroe Feed Store , 122 NLRB 1479; International Association of Heat and Frost Insulators and Asbestos Workers, Local 31 (Rhode Island Covering Com- pany ), 119 NLRB 801 , Alaska Steamship Company, 114 NLRB 1264. Broward County Port Authority and Order of Railroad Teleg- raphers and Brotherhood of Maintenance Way Employees. Case No. A0-64. November 13, 1963 ORDER DISMISSING PETITION FOR ADVISORY OPINION This is a petition filed on October 14, 1963, by Broward County Port Authority, herein called the Petitioner, pursuant to Sections 102.98 and 102.99 of the Board's Rules and Regulations, Series 8, as amended, requesting pan Advisory Opinion with respect to the juris- dictional issue raised in the injunction proceeding filed by the Peti- tioner against the Order of Railroad Telegraphers and Brotherhood of Maintenance Way Employees, herein called the Unions, and against two officials of the Unions. In the injunction action, presently pend- ing in the Circuit Court, 15th Judicial Circuit, Broward County, Fort Lauderdale, Florida, Docket Number C63-3397 (Tedder, Sr.), the 144 NLRB No. 115. 727-083-64-vol. 141-9 8 1540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Petitioner seeks to enjoin the Unions' picketing activities in the Peti- tioner's port area. No responses,as provided by the Board's Rules and Regulations havebeen filed by the Unions. The Board has duly considered the allegations of the petition. The Board's advisory opinion procedures "are designed primarily to deter- mine questions of jurisdiction by application of the Board's discre- tionary standards to the `commerce' operations of an employer." i The issue posed herein by the Petitioner relates to whether the Unions are "labor organizations" within the meaning of the Act. As this issue does not concern questions of the applicability of the Board's discretionary commerce standards, it does not fall within the intend- ment of the Board's Advisory Opinion Rules.2 [The Board dismissed the petition.] IInterlake Steamship Company and Pickands Mather & Co., 138 NLRB 576, and cases cited herein. 2 See Interlake Steamship Company and Pickands Mather & Co., supra, footnote 3. Insulation & Specialties , Inc., Petitioner and International Asso- ciation of Heat and Frost Insulators and Asbestos Workers, Local No. 66. Case No. 16-RM-?44. November 13, 1963 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, :a hearing was held before Hearing Officer Sulton Boyd. The Hearing Officer's rulings made at the hearing are free from pre- judicial error and are hereby affirmed. Pursuant to the provisions of Section 3 ('b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Leedom and Brown]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. For the following reasons we find that no question exists con- cerning the representation of employees of the Employer. Insulation & Specialties, Inc., a Texas corporation in Odessa, Texas, is an insulation contractor engaged in the insulation of piping, boilers, and other components of industrial plants under construction, and in the repair and maintenance of such facilities. El Paso Natural Gas Products Company, herein called El Paso Natural, and the Rexall Chemical Company, herein called Rexall, operate industrial plants 144 NLRB No. 149.