Drivers, Salesmen, & Helpers, Local 695, Etc.

National Labor Relations Board - Board Decisions

May 13, 1965

152 N.L.R.B. 577 (N.L.R.B. 1965)

DRIVERS, SALESMEN, & HELPERS, LOCAL 695, ETC. 577
any employees hired subsequent to their transfer, and make them whole for any
loss of pay that they may have suffered as a result of our discrimination against
them.
All our employees are free to become or remain, or to refrain from becoming or
remaining , members of the above-named Union or any other labor organization.
SUNSHINE ART STUDIOS, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
NOTE-We will notify the above-named employees if presently serving in the
Armed Forces of the United States of their right to full reinstatement upon applica-
tion in accordance with the Selective Service Act and the Universal Military and
Service Act of 1948, as amended, after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional Office, Boston
Five Cents Savings Bank Building, 24 School Street, Boston, Massachusetts, Telephone
No. 523-8100, if they have any questions concerning this notice or compliance
with its provisions.
Drivers, Salesmen , Warehousemen , Milk Processors, Cannery,
Dairy Employees and Helpers Local Union No. 695 , Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America ; Madison Employers' Council (Hard
Building Materials , Coal , Fuel Oil and Lumber Division) ;
Chase Redi-Mix, Castle & Doyle, J. H. Findorff & Son, Fritz
Construction Co., C. E. & P. A. Roth , Verona Redi-Mix, Wiscon-
sin Brick Co., Struck & Irwin , Four Lakes Fuel Co., Midwest
Construction , Henry Raemisch, Wingra Stone & Gravel Co.,
E. C. Voit & Sons, and Vogel Construction Co. and John B.
Threlfall d/b/a Threlfall Construction Company. Case No.
30-CE-2 (formerly 13-CE-16). May 13,1965
DECISION AND ORDER
Upon charges filed on April 2,1963, by John B. Threlfall, doing busi-
ness as Threlfall Construction Company, the General Counsel of the
National Labor Relations Board, by the Acting Regional Director for
Region 13, issued a complaint dated June 28, 1963, against Drivers,
Salesmen , Warehousemen, Milk Processors, Cannery, Dairy Employ-
ees and Helpers Local Union No. 695, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, here-
inafter called Teamsters Local Union No. 695 or the Union, the Madi-
son Employers' Council (Hard Building Materials, Coal, Fuel Oil and
Lumber Division), hereinafter called the Council, and each of Madison
Employers' Council members, alleging that they had engaged in and
were engaging in unfair labor practices within the meaning of Section
152 NLRB No. 55.
789-730-66-vol. 152-38
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
8(e) and Section 2(6) and (7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and notice of hearing were
duly served upon the parties.
With respect to the unfair labor practices, the complaint alleges, in
substance, that on or about May 7, 1962, Respondent's Union, Council,
and each of the Council members entered into a written contract con-
taining clauses in which Respondents Council and Council members
have agreed to cease or refrain from handling, using, selling, transport-
ing, or otherwise dealing in any of the products of other employers and
have agreed to cease doing business with other persons, and have, at
all material times herein, continuing to the date of the complaint, con-
tinued to maintain, give effect to, and enforce these contractual provi-
sions in violation of Section 8 (e) of the Act.
On various dates between August 2 and 30, 1963, all parties to this
proceeding executed a stipulation of facts and a supplemental stipula-
tion of facts and joined in a motion to transfer proceeding directly to
the Board for findings of fact, conclusions of law, and decision and
order. The motion states, in substance, that the parties agreed to waive
a hearing before a Trial Examiner and the issuance of an Intermediate
Report and Recommended Order; that the charge, complaint, answers,
stipulation of facts, and supplemental stipulation of facts constitute
the entire record in this case; and that no oral testimony is necessary
or desired by any of the parties.
On September 11, 1963, the Board approved the stipulations and
granted the parties' motion to transfer the case to the Board. Briefs
were thereafter filed by the General Counsel, the Union, and the Build-
ing and Construction Trades Department, AFL-CIO, as amicus
curiae.'
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 Fanning and Brown].
Upon the basis of the entire record in this case, including the stipula-
tions and the briefs, the Board makes the following :
FINDINGS OF FACT
1. COMMERCE
Respondent Council is a multiemployer association existing in part
for the purpose of collective bargaining, with principal offices located
at Madison, Wisconsin. Respondent Council is composed of 14 employ-
er-members, each of whom is engaged at Madison, Wisconsin, and
vicinity in the business of the manufacture, sale, and distribution of
ready-mix concrete and other building materials and supplies. In the
1 The request of the Building and Construction Trades Department, AFL-CIO, as
arnicus curiae, for oral argument before the Board is hereby denied as the record, the
stipulations , and the briefs adequately present the issues and positions of the parties
DRIVERS, SALESMEN, & HELPERS, LOCAL 695, ETC. 579
operation of their businesses, each of Respondent Council members
during the past year purchased and received goods and materials
directly from points outside the State of Wisconsin in excess of $50,000.
The complaint alleges, the answers and stipulations admit, and we find,
that Respondent Council and each of the Respondent Council members
are engaged in commerce within the meaning of Section 2(6) and (7)
of the Act.
H. THE LABOR ORGANIZATION INVOLVED
Drivers, Salesmen, Warehousemen, Milk Processors, Cannery, Dairy
Employees and Helpers Local Union No. 695, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica is, and at all material times has been, a labor organization within the
meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The facts, as stipulated, show that Respondent Council members are
engaged in the business of selling and distributing ready-mix concrete.
In pursuance thereof, employee-drivers of Respondent Council mem-
bers deliver ready-mix concrete onto construction sites. While at these
sites, these employees prepare the pouring machinery located on their
concrete trucks. They also perform the operation of pouring the con-
crete from their trucks into forms located on the project under the
direction of the superintendent of the construction project or his
representative.
On or about May 7, 1962, Respondent Union, Respondent Council,
acting for and in behalf of Respondent Council members, and each of
Respondent Council members entered into a collective-bargaining
agreement for a period of 3 years containing, inter alia, the following
provisions :
Article II, Section I:
No employee shall be subject to discipline by the Employer
for refusal to cross a picket line or enter upon premises of
another employer if the employees of such other employer
are engaged in an authorized strike.
* * * * * *
Article XI, Section I :
It is agreed that where the Employer has not had two (2)
hours notice from the Union that a picket is on, or to be placed
on, a delivery site that the first load of materials, other than
redi-mix shall be unloaded. Employees shall not be required
to deliver through a picket line or unload to a picketed cus-
tomer where the employer has had two hours notice, or after
the employee has unloaded his first load at a picketed job,
580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
under the provisions stated above. In the case of redi-mix,
the same rules shall apply, except that in case a pour has
started before the Employer has had two (2) hours notice, it
shall be continued to a point necessary to prevent defects that
would arise of [sic] an interruption of the pour.
The General Counsel contends that the Respondents, by maintain-
ing, giving effect to, and enforcing both of these clauses, have entered
into a hot cargo agreement whereby employers have agreed to cease
doing business with another person within the meaning of Section 8 (e)
of the Act.2 Respondents, although admitting both in their answers
and in the stipulations that they at all material times since May 7, 1962,
have maintained, given effect to, and enforced the aforesaid clauses,
deny any violation of Section 8(e).
Respondent Union defends the clauses on several grounds. It con-
tends that the challenged clauses are protected by reason of the con-
struction industry proviso to Section 8(e) of the Act.3 Respondent
further contends that the clauses do not violate Section 8(e) even if
they are not afforded the protection of the construction industry pro-
viso because the clauses conform to the rationale and decision enunci-
ated by the Board in The Patton Warehouse, Inc.4 It also contends
that the clauses are outside the prohibitions of Section 8(e) because
their aim is to benefit the employees in the bargaining unit, not to con-
trol or interfere with the employer's third-party relationships.
2 To the extent material here, Section 8 ( e) provides as follows:
It shall be an unfair labor practice for any labor organization and any employer
to enter into any contract or agreement , express or implied, whereby such employer
ceases or refrains or agrees to cease or refrain from handling , using , selling, trans-
porting or otherwise dealing in any of the products of any other employer, or to
cease doing business with any other person , and any contract or agreement entered
into heretofore or hereafter containing such an agreement shall be to such extent
unenforceable and void . . . .
3 The proviso to Section 8(e) reads, in partinent part , that ".. . nothing in this sub-
section ( e) shall apply to an agreement between a labor organization and an employer
in the construction industry relating to the contracting or subcontracting of work to
be done at the site of the construction . . . "
I The Patton Warehouse, Inc., 140 NLRB 1474.
In its answer to the complaint, but not in its brief to the Board , Respondent Union
contended ( 1) that this proceeding is barred by Section 10(b), and ( 2) that Section 8(e)
Is unconstitutional . With regard to the first contention, it is to be noted that all parties
stipulated that at "all material times herein , and continuing to date" the Respondents
"have continued and are continuing to maintain, give effect to , implement , enforce, and
comply with" the clauses in issue. The Board has held that the words " to enter into,"
as they appear in Section 8(e), encompass the concepts of reaffirmation , giving effect to,
and maintenance. Los Angeles Mailers Union No. 9, International Typographical Union
(TI,llbro Newspaper Printing Co.), 135 NLRB 1132, 1136, enfd 311 F . 2d 121 (C.A.D.C.) ;
Disr• let No 9, International Association of bfachinists . AFT CIO (Greater St. Louis
41it,rnotive Trimmers & Upholsterers Assn. ), 134 NLRB 1354 , 1359-1360 , enfd. 315 F.
2d 33 (C.A.D.C.) ; Retail Clerks Union, Local 770, et al ( The Frito Company), 138
NLRB 244, 247, 247; Dan McKinney Co., 137 NLRB 649, 654; General Teamsters ', Ware-
housemen and Helpers ' Union, Local No. 890 , et al. (David Castro, et al ), 137 NLRB
641, 644. The stipulation of the parties , therefore , is sufficient evidence upon which
to find an entering into within the Section 10(b) period As to the second contention,
the Board has consistently held that it must assume the constitutionality of the Act
which it is called upon to administer in the absence of a binding court decision to the
contrary . See The Patton Warehouse, Inc., supra, at 1476, and cases cited at footnote 3.
DRIVERS, SALESMEN, & HELPERS, LOCAL 695, ETC. 581
With respect to the first of these defenses, it is Respondent's con-
tention that the functions of preparing pouring machinery located on
ready-mix concrete trucks and the pouring of concrete from such trucks
constitute work performed "at the site of the construction"" within the
meaning of the proviso to Section 8 (e). We disagree. The Board has
heretofore held that the mixing and pouring of ready-mix concrete at
a construction site is not construction work but merely the delivery of
a material or product.5 Accordingly, we find that the clauses in issue
do not relate to work to be performed "at the site" and, thus, do not
come within the construction industry proviso.
In considering the Respondent's remaining contentions, we note first
that in Patton, the Board stated, in effect, that in view of the legislative
history of Section 8(e), Congress, while desiring to curtail unlawful
secondary activity, did not intend to invalidate "picket line" provisions
which granted immunity against disciplinary action to employees who
refused to enter upon the premises of an employer other than their
own where such employer is engaged in a primary labor dispute. In
construing this congressional mandate to limit picket line clauses to
primary activity, we held in Patton that a picket line clause which
granted disciplinary immunity to employees because of their refusal
to cross a picket line established at another employer's premises would
be valid under Section 8(e) only "insofar as it is in conformity with
the proviso to Section 8(b)" of the Act.,
Upon review of the Board's decisions in Patton and Brown Trans-
port Corp., 140 NLRB 1436, the Court of Appeals for the District of
Columbia (Truck Drivers Union Local No. 413, etc. v. N.L.R.B., 334
F. 2d 539) did not fully affirm the Board's holdings in those cases.
That court did, however, agree with the Board's interpretation in Pat-
ton as to congressional intent with regard to primary picket lines, and
further agreed that a broad picket line clause is violative of Section
8 (e) to the extent that it applies to secondary picket lines.
Here, article II, section 1, grants immunity from discipline for
refusal to cross a picket line or to enter the premises of another
employer where employees of such employer are engaged in all author-
ized strike. This clause is so unlimited and so broad in scope and appli-
cation that it would be illegal even under the rule of the court of appeals
to the extent that it applies to unlawful, albeit "authorized," secondary
activity. For these reasons, therefore, we find that the challenged
clauses do not fall outside the prohibitions of Section 8 (e) and that,
5 Island Dock Lumber, Inc , 145 NLRB 484 , 491, enfd. sub . nom 1 L R B v . Interna-
tional Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America,
Local 29¢, 342 P. 2d 18 (C.A. 2). See also Connecticut Sand and Stone Corporation,
138 NLRB 532
B The proviso reads' "Provided, That nothing contained in this subsection ( b) shall be
construed to make unlawful a refusal by any person to enter upon the premises of any
employer ( other than his own employer ), if the employees of such employer are engaged
in a strike ratified or approved by a representative of such employees whom such em-
ployer is required to recognize under this Act:. . .
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the degree stated herein, they likewise fail to conform to the Patton
case . We further find that article II, section 1, is unlawful and viola-
tive of Section 8(e) insofar as, and to the extent that, it applies to sec-
ondary activity. We similarly find that article XI, section 1, because
it augments and implements article II, section 1, also pro tanto violates
Section 8(e).
Accordingly, upon the entire record, we find in agreement with the
General Counsel that the Respondents by maintaining, giving effect to,
and enforcing article II, section 1, and article XI, section 1, have
entered into an agreement whereby employers have agreed to cease-
doing business with other persons in violation of Section 8(e) of the
Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents set forth in section III, above,
occurring in connection with the operations as described in section 1,
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tend to lead to labor dis-
putes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that Respondents have engaged in certain unfair labor
practices, we shall order that they cease and desist therefrom and that
they take certain affirmative action designed to effectuate the policies
of the Act.
Upon the basis of the foregoing findings of fact, and upon the entire-
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Teamsters Local Union No. 695 is a labor organization within the
meaning of Section 2(5) of the Act.
2. Madison Employers' Council and each of its employer-members
are engaged in commerce within the meaning of Section 2(6) and (7)
of the Act.
3. By maintaining, giving effect to, and enforcing article II, section
1, and article XI, section 1, contained in the collective-bargaining
agreement between Respondent Union and Respondents Council and
Council Members, the Respondents have entered into an agreement in
violation of Section 8(e) of th Act.
4. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of the
Act.
DRIVERS, SALESMEN, & HELPERS, LOCAL 695, ETC.
ORDER
583
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board hereby orders that the
Respondents, Drivers, Salesmen, Warehousemen, Milk Processors,
Cannery, Dairy Employees and Helpers Local Union No. 695, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, its officers, agents, and representatives, and Madi-
son Employers' Council (Hard Building Materials, Coal, Fuel Oil and
Lumber Division), and Madison Employers' Council Members Chase
Redi-Mix, Castle & Doyle, J. H. Findorff & Son, Fritz Construction
Co., C. E. & P. A. Roth, Verona Redi-Mix, Wisconsin Brick Co., Struck
& Irwin, Four Lakes Fuel Co., Midwest Construction, Henry Raemisch,
Wingra Stone & Gravel Co., E. C. Voit & Sons, Vogel Construction
Co., their officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Maintaining, giving effect to, or enforcing article II, section 1,
and article XI, section 1, of the collective-bargaining agreement exe-
cuted by Respondents Union, Madison Employers' Council (Hard
Building Materials, Coal, Fuel Oil and Lumber Division), and Madi-
son Employers' Council members on or about May 7,1962, to the extent
those provisions of the agreement are found unlawful herein.
(b) Entering into, actively maintaining, giving effect to, or enforc-
ing, to the extent found unlawful herein, any other contract or agree-
ment, express or implied, whereby the Respondent Council or any
Council member ceases or refrains, or agrees to cease or refrain, from
handling, using, selling, transporting, or otherwise dealing in any of
the products of any other employer, or from doing business with any
other person.
2. Take the following affirmative action which the Board finds will
effectuate the purposes of the Act :
(a) Respondents Council and Council members shall:
(1) Post in conspicuous places at their offices and in their plants
where notices to employees are customarily posted, copies of the
attached notice marked "Appendix A." 7 Copies of said notice, to be
furnished by the Regional Director for Region 30, shall, after being
duly signed by the authorized representatives of the Respondents, be
posted by the Respondents immediately upon receipt thereof, and be
maintained by them for 60 consecutive days thereafter, in conspicuous
places, including all places where notices to employees are customarily
posted. Reasonable steps shall be taken to insure that the notices are
not altered, defaced, or covered by any other material.
7 In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "a Decision and Order" the words "a
Decree of the United States Court of Appeals, Enforcing an Order."
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) Notify the Regional Director for Region 30, in -writing, within
10 days from the date of this Order, what steps Respondents have
taken to comply herewith.
(b) Respondent Teamsters Local Union No. 695 shall:
(1) Post at its business offices, places of business, and meeting places,
copies of the attached notice marked "Appendix B." 8 Copies of said
notice, to be furnished by the Regional Director for Region 30, shall,
after being duly signed by the authorized representative of the
Respondent Union, be posted by the Respondent immediately upon
receipt thereof, and be maintained by it for 60 consecutive days there-
after, in conspicuous places, including all places where notices to mem-
bers are customarily posted. Reasonable steps shall be taken to insure
that the notices are not altered, defaced, or covered by any other
material.
(2) Furnish to the Regional Director for Region 30, signed copies
of the aforementioned notice for posting by Respondent Madison
Employers' Council and by each Respondent employer-member of
said Council in places where notices to their employees are customarily
posted. Copies of said notice, to be furnished by the Regional Direc-
tor, shall, after being duly signed by Respondent Union's authorized
representative, be forthwith returned to the Regional Director for dis-
position by him.
(3) Notify the Regional Director for Region 30, in writing, within
10 days from the date of this Order, what steps Respondent Union has
taken to comply herewith.
8 See footnote 7, supra
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the purposes of the National Labor
Relations Act, as amended, we hereby give notice that :
WE WILL NOT maintain, give effect to, or enforce article II, sec-
tion 1, and article XI, section 1, of our collective-bargaining agree-
ment entered into and executed with Drivers, Salesmen, Ware-
housemen, Milk Processors, Cannery, Dairy Employees and
Helpers Local Union No. 695, International Brotherhood of Team-
sters. Chauffeurs. Warehousemen and Helpers of America, on or
about May 7, 1962, to the extent found unlawful by the Board.
WE, WILL NOT enter into, actively maintain, give effect to, or
enforce any contract or agreement, express or implied, with the
above-named Union whereby we cease or refrain, or agree to cease
or refrain, from handling, using, selling, transporting, or other-
DRIVERS, SALESMEN, & HELPERS, LOCAL 695, ETC. 585
wise dealing in any of the products of any other employer, or from
doing business with any other person, to the extent found unlawful
by the Board.
MADISON EMPLOYERS' COUNCIL (HARD BUILDING MA-
TERI'ALS, FUEL OIL AND LUMBER DIVISION),
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
CHASE REDI-MIx,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
CASTLE & DOYLE,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
J. H. FINDORFF & SON,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
FRITZ CONSTRUCTION CO.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
C. E. R.. P. A. ROTH,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
VERONA REDI-MIX,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
WISCONSIN BRICK CO.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
STRUCK & IRWIN,
Employer.
Dated---------------- By-------------------------------------
(Reprasentative) (Title)
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FOUR LAKES FUEL Co.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
MIDWEST CONSTRUCTION,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
HENRY RAEMISCH,
Employer.
Dated---------------- By-------------------------------------
(Representative) (Title)
WINGRA STONE S,- GRAVEL CO.,
Employer.
Dated---------------- By------------------------------------
(Representative ) (Title)
E. C. VOLT & SONS,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
VOGEL CONSTRUCTION CO.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 consecutive days from the date
of posting , and must not be altered, defaced, or covered by any other
material.
Employees may communicate directly with the Board's Regional
Office, Commerce Building, 744 North Fourth Street, Milwaukee,
Wisconsin, Telephone No. 272-8600, Extension 3860, if they have any
questions concerning this notice or compliance with its provisions.
APPENDIX B
NOTICE TO ALL OUR MEMBERS
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby give notice that :
WE WILL NOT maintain, give effect to, or enforce article II, sec-
tion 1, and article XI, section 1, of the collective-bargaining agree-
ment entered into and executed with the Madison Employers'
Council and Madison Employers' Council Members on or about
May 7,1962, to the extent found unlawful by the Board.
NEW ORLEANS TYPOGRAPHICAL UNION NO. 17 587
WE WILL NOT enter into, actively maintain, give effect to, or
enforce any contract or agreement, express or implied, whereby
the Madison Employers' Council or any Council Member thereof,
or any other employer, ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting, or otherwise
dealing in any of the products of any other employer, or from
doing business with any other person, to the extent found unlawful
by the Board.
DRIVERS, SALESMEN, WVAREIIOUSEMEN, MILK PROCES-
SORS, CANNERY, DAIRY EMPLOYEES AND HELPERS
LOCAL UNION No. 695, INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA,
Union.
Dated---------------- By-------------------------------------
(Representative) (Title)
This notice must remain posted for 60 consecutive days from the date
of posting, and must not be altered, defaced, or covered by any other
material.
Employees may communicate directly with the Board's Regional
'Office, Commerce Building, 744 North Fourth Street, Milwaukee, Wis-
consin, Telephone No. 272-8600, Extension 3860, if they have any ques-
4tions concerning this notice or compliance with its provisions.
New Orleans Typographical Union No. 17 International Typo-
graphical Union , AFL-CIO and E . P. Rivas, Inc. and Local No.
:53, Amalgamated Lithographers of America . Case No. 15-CD-
33. May 13, 1965
DECISION AND ORDER
On November 16, 1964, Trial Examiner C. W. Whittemore issued
his Decision in the above-entitled proceeding, finding that the Respond-
ent had engaged in and was engaging in certain unfair labor practices
violative of Section 8(b) (4) (D) of the National Labor Relations Act,
as amended, and recommending that it cease and desist therefrom and
take certain affirmative action, as recommended in the attached Trial
Examiner's Decision. Thereafter, the Respondent filed exceptions to
the Trial Examiner's Decision and a supporting brief.
The National Labor Relations Board has reviewed the rulings of the
Trial Examiner made at the hearing and finds that no prejudicial error
was committed. The rulings are hereby affirmed. The Board has con-
152 NLRB No. 61.