Local 502, International Hod Carriers, Etc.

National Labor Relations Board - Board Decisions

Mar 6, 1963

141 N.L.R.B. 159 (N.L.R.B. 1963)

LOCAL 502, INTERNATIONAL HOD CARRIERS, ETC. 159
Local 502, International Hod Carriers, Building and Common
Laborers Union of America, AFL-CIO [ Cement-Work, Inc.]
and Ernest Fortunato . Case No. 22-CB-356. March 6, 1963
ORDER REOPENING RECORD AND REMANDING PRO-
CEEDING TO REGIONAL DIRECTOR FOR FURTHER
HEARING
On January 18, 1963, by a notice to the parties, the Board found
that it would effectuate the policies of the Act to permit the Respond-
ent, Local 502, International Hod Carriers, Building and Common
Laborers Union of America, AFL-CIO, to introduce evidence as to
whether or not the Respondent's members who were employed by the
Employer, Cement-Work, Inc., on its apartment project at East
Orange, New Jersey, were entitled to certain cement form stripping
work in dispute. The Board also notified the parties, including Essex
County and Vicinity District Council of United Brotherhood of
Carpenters and Joiners of America, that unless they submitted to the
Board, within 10 days after receipt of the notice, satisfactory evidence
that they have adjusted such work assignment dispute or that they
have agreed upon methods for the voluntary adjustment thereof, the
Board would direct that a further hearing be held before Trial Exami-
ner Owsley Vose on the issue of entitlement to the disputed work
assignment.
Accordingly, as more than 10 days has elapsed since the receipt of
the notice, and as no such evidence has been received by the Board
as a result of the notice,
IT IS HEREBY ORDERED that the record in this proceeding be, and it
hereby is, reopened; and that a further hearing be held before Trial
Examiner Owsley Vose for the purpose of receiving all relevant evi-
dence, including admissible collective-bargaining agreements, concern-
ing whether employees represented by the Essex County and Vicinity
District Council of United Brotherhood of Carpenters and Joiners
of America or by the Respondent were entitled to the cement form
stripping work in dispute.
IT IS FURTHER ORDERED that this proceeding be, and it hereby is,
remanded to the Regional Director for the Twenty-second Region
for the purpose of arranging such a hearing, and that the said Regional
Director be, and he hereby is, authorized to issue early notice thereof,
including a notice to the Essex County and Vicinity District Council
of United Brotherhood of Carpenters and Joiners of America.
IT Is FURTHER ORDERED that, upon conclusion of the hearing, the Trial
Examiner shall prepare and serve upon the parties a Supplemental
Intermediate Report containing findings of fact, conclusions of law,
141 NLRB No. 16.
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and recommendations concerning the alleged violations of Section
8 (b) (1) (A) and (2) of the Act based upon the entire record, including
any additional evidence adduced at the reopened hearing, and that,
following the service of such Supplemental Intermediate Report upon
the parties, the provisions of Section 102.46 of the Board's Rules and
Regulations shall be applicable.
MEMBERS RODGERS and LEEDOM, dissenting :
As we have indicated previously in this case, in our opinion, jurisdic-
tional issues, or rights, under Sections 10 (k) and 8 (b) (4) (D) are not
properly asserted here as defenses to allegations under Section
8 (b) (1) (A) and 8 (b) (2). Accordingly, we would not have issued the
prior notice, nor would we now remand this proceeding for further
hearing. We would, instead, proceed to consider the Section
8 (b) (1) (A) and the Section 8 (b) (2) allegations on their merits.
Omega Food Products, Inc. and Napoleon Guerrero. Case No,
20-CA-2320. March 7, 1963
DECISION AND ORDER
On November 23, 1962, Trial Examiner A. Norman Somers issued
his Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the attached Inter-
mediate Report. The Trial Examiner also found that the Respondent
had not engaged in certain other unfair labor practices and recom-
mended that the complaint be dismissed as to such allegations. There-
after, the Respondent filed exceptions to the Iitermediate Report.
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 [Members Rodgers, Leedom, and Fanning].
The 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 considered the Inter-
mediate Report and the entire record in the case, including the excep-
tions, and hereby adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner.'
1 For the reasons stated in their dissenting opinion in Isis Plumbing & Heating Co., 138
NLRB 716, Members Rodgers and Leedom are convinced that the award of interest in this
case exceeds the Board ' s remedial authority. While adhering to such view , for the pur-
pose of this decision they are acceding to the majority Board policy of. granting interest
on moneys due.
141 NLRB No. 15.