Local 80, Sheet Metal Workers

National Labor Relations Board - Board Decisions

Sep 1, 1971

193 N.L.R.B. 2 (N.L.R.B. 1971)

2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local Union No. 80, Sheet Metal Workers ' Interna-
tional Association, AFL-CIO and N. L I. Laborato-
ry Furniture Inc. and its -subsidiary ,- Norlab Corpo-
ration and Local -Union No. 337, United Brother-
hood of Carpenters and Joiners of America,
AFL-CIO. Case 7-CD-255
September 1, 1971
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
Upon a charge duly filed by N. I. I. Laboratory
Furniture Inc. and its subsidiary, Norlab Corpora-
tion, the-General Counsel for the National Labor
Relations Board , by,the Acting Regional Director for
Region 7, issued -a complaint dated July 1, 1971,
against Local Union No. 80, Sheet Metal Workers'
International Association , AFL-CIO, alleging that it
has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(b)(4Xi) and
(ii)(D) of the National Labor Relations Act, as
amended . Copies of the charge, complaint , and notice
of hearing were duly served upon the Respondent.
,The complaint alleges in substance that the Respon-
dent , violated the Act by engaging in a strike,
picketing, and other activities at the Wayne State
University Medical Campus Basic Instruction Facili-
ty jobsite with the object of forcing or requiring the
Charging Party to assign the unloading, moving,
uncrating , raising, placing, and installation of fume
hoods to employees who are its members or represent-
ed by it, rather than to employees who are members
of, or are represented by, Local Union No. 337,
United Brotherhood of Carpenters and Joiners of
America, AFL-CIO. In its answer, dated July 6, 1971,
the Respondent admits in part and denies in part the
allegations of the complaint and presents an affirma-
tive defense.
On July 16, 1971, the General Counsel filed a
motion to transfer the proceeding to the Board and
for summary judgment, alleging that there are no
material issues of fact and requesting that the Board
issue a Decision and Order. The Respondent on July
21, 1971, filed a statement asserting that, without
waiving its defenses on appeal, it did not object to the
General Counsel's motion and that the contents of the
motion are factually accurate . It also renewed the
contentions it made in the 10(k) phase of this
proceeding,' on which it concedes the Board has
already ruled. Thereafter, on July 29, 1971, the Board
issued an order transferring the proceeding to the
Board.
1 191 NLRB No. 87.
Pursuant to the provisions of Section 3(b) of'the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this proceeding to a three-
member panel.
Upon the entire record in this proceeding , the Board
makes the following:
RULINGS ON THE M6TION FOR SUMMARY
JUDGMENT
Pursuant to Section 10(k) of the Act, following a
charge filed by the Employer alleging that Respon-
dent had violated Section 8(b)(4)(D ) of the Act, a
hearing was held March 16, 1971.On June .23, 1971,
the Board issued a Decision and Determination of
Dispute finding there was reasonable cause to believe
that Section 8(b)(4)(D) of the Act had been violated,
that the Employer was not bound by an award made
by the National Joint Board for the Settlement of
Jurisdictional Disputes , and awarding the work in
dispute to employees represented by the Carpenters?
On June 28, 1971, Respondent notified the Acting
Regional Director for Region 7 that it would not
comply with the Board' s determination of the dispute.
Thereafter, on July 7, 1971, the complaint in this
proceeding was issued.
Respondent, in its answer to the complaint, asserts
as an affirmative defense that the work dispute was
resolved by a decision of the National Joint Board for
the Settlement of Jurisdictional Disputes awarding
the work to it and that the Em loyer was bound
thereby or, alternatively, that the Employer was not a
necessary party to the settlement of the dispute.
Respondent concedes that the Board has already
ruled on these issues and, to expedite the proceeding
without waiving its right to assert its defenses on
appeal , does not object to the Board's granting
General Counsel's motion for summary judgment.
The issues raised by Respondent have previously
been litigated and there is no issue which is properly
triable in this proceeding. As all material issues have
been decided previously by the Board, or admitted by
Respondent 's answer to the complaint , there are no
matters requiring a hearing. The General Counsel's
motion for summary judgment is granted. On the
basis of the record before it, the Board makes the
following:
FINDINGS OE FACT
1. THE BUSINESS OF THE EMPLOYER
N. I. I. Laboratory Furniture Inc. and its wholly
owned subsidiary, Norlab Corporation, are corpora-
9 Ibid.
193 NLRB No. 3
LOCAL 80, SHEET METAL WORKERS 3
tions, with headquarters in the State of New York,
engaged in the manufacture, sale, and installation of
laboratory furniture throughout the United States;
their gross annual revenues exceed $20 million. The
site of the present dispute is Detroit, Michigan, where
the Employer is engaged in work on a subcontract
valued at approximately $1.3 million, which will
involve the direct shipment to the jobsite from points
outside the State of materials valued in excess of
$50,000. We find that the Employer is engaged in
commerce within the meaning of the Act and that it
will effectuate the purposes of the Act to assert
jurisdiction herein.
II. THE LABOR ORGANIZATIONS INVOLVED
Local Union No. 80, Sheet Metal Workers' Interna-
tional Association , AFL-CIO, and Local Union No.
337, United Brotherhood of Carpenters and Joiners of
America , AFL-CIO, are labor organizations within
the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. Background and Facts of the Dispute
The Employer has a subcontract let by the Barton-
Marlow Company, a general contractor located in
Oak Park, Michigan, to manufacture and install
laboratory furniture in connection with construction
work at Wayne State University. At least part of the
work involves the installation of fume hood cabinets,
which the Employer assigned to its employees who
were members of the Carpenters. On December 23,
1970, two of the Respondent' s agents , Martin Tibbs
and Joseph Rivard, claimed the installation and
related work on the fume hoods for the Respondent's
members.
On January 15, 1971, Tibbs and Rivard threatened
to picket the jobsite and the Respondent engaged in a
strike and picketing at the jobsite from February 9 to
12, 1971, when work on the fume hoods was
suspended and the picketing ceased. The Respondent
admits that an object of the picketing was to,force the
Employer to award the disputed work to employees
who are members of, or are represented by, Respon-
dent. As a result of the picketing, employees of
Carlson Brothers Company, a sheetmetal contractor,
who are represented by the Respondent, withheld
their services from February 9 to 12, 1971.
B. The Determination of the Dispute
On June 23, 1971, the Board issued its Decision and
Determination of Dispute, 191 NLRB No. 87,
assigning the work of unloading, uncrating, raising,
placing, and installing fume hoods at the Wayne State
University Medical Campus Basic Instruction Facili-
ty, Detroit, Michigan, to employees represented by
Local Union No. 337, United Brotherhood of
Carpenters and Joiners of America, AFL-CIO. The
Board also found that Local Union No. 80, Sheet
Metal Workers' International Association,
AFL-CIO, was not entitled by means proscribed by
Section 8(b)(4)(D) of the Act to force or require the
Employer to award the disputed work to its members
or employees it represents.
C. Respondent's Refusal To Comply
Following issuance of the Board's Decision and
Determination of Dispute pursuant to Section 10(k)
of the Act, Respondent, by counsel, notified the
Acting Regional Director for Region 7 that it would
not refrain from forcing or requiring the Employer, by
means proscribed by Section 8(b)(4)(D) of the Act, to
award the work in dispute to its members.
On the basis of the foregoing, and the entire record
in this proceeding, we find that Respondent's threats
of picketing, picketing, and striking, described above,
violated Section 8(b)(4)(i) and (ii)(D) of the Act.
IV.-THE EFFECT OF THE UNFAIR LABOR
PRACTICES
The activities of the Respondent set forth in setction
III,. above , occurring in connection with the Employ-
er's operations described in section I, above, have a
close , intimate , and substantial relationship to trade,
traffic , and commerce among the several States and
tend to lead to labor disputes burdening and obstruct-
ing commerce and the free flow of commerce.
N. THE REMEDY
Having , found that the Respondent has engaged in
unfair labor practices within the meaning of Section
8(b)(4)(i) and (ii)(D) of the Act, we shall order that it
cease and desist therefrom and take certain affirma-
tive action designed to effectuate the purposes of the
Act.
CONCLUSIONS OF LAW
1. N. I. 1. Laboratory Furniture Inc. and its
subsidiary, Norlab Corporation, are employers en-
gaged in commerce within the meaning of Section 2(6)
and (7) of the Act.
2. The Respondent and the Carpenters are labor
organizations within the meaning of Section 2(5) of
the Act.
3. The Respondent is not entitled to force or
require the Employer to assign the work of unloading,
uncrating, raising, placing, and installing fume hoods
at the Wayne State University Medical Campus Basic
4 DECISIONS OF NATIONAL
Instruction Facility to employees it represents by
means proscribed by Section 8(b)(4)(D) of the Act.
4. By threatening to picket and striking and
picketing the Wayne State University Medical Cam-
pus Basic Instruction Facility jobsite, with an object
of forcing or requiring the Employer to assign certain
work to employees represented by the Respondent
rather than employees represented by the Carpenters,
the Respondent has engaged in unfair labor practices
within the meaning of Section 8(b)(4)(i) and (ii)(D) of
the Act.
5. The aforesaid unfair labor practices are unfair
labor practices within the meaning of Section 2(6) and
(7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Local Union No. 80, Sheet Metal Workers' Interna-
tional Association, AFL-CIO, its officers, agents, and
representatives, shall:
1. Cease and desist from engaging in, or inducing
or encouraging individuals employed by N. I. I.
Laboratory Furniture Inc. or its subsidiary, Norlab
Corporation, or any other persons engaged in com-
merce or in an industry affecting commerce to engage
in, a strike or refusal in the course of their employ-
ment to use, manufacture, process, transport, or
otherwise handle or work on goods, articles, materi-
als, or commodities, or to perform any services; or
threatening, coercing, or restraining N. I. I. Laborato-
ry Furniture Inc. or its subsidiary, Norlab Corpora-
tion, or any other persons engaged in commerce or in
an industry affecting commerce, where in either case
an object is to force or require N. I. I. Laboratory
Furniture Inc. or its subsidiary, Norlab Corporation,
to assign the work of unloading, uncrating, raising,
placing, and installing fume hoods at the Wayne State
University Medical Campus Basic Instruction Facili-
ty, Detroit, Michigan, to its members or employees it
represents rather than to employees represented by
Local Union No. 337, United Brotherhood of
Carpenters and Joiners of America, AFL-CIO.
2. Take the following affirmative action designed
to effectuate the purposes of the Act:
(a) Post at its business offices and meeting halls
copies of the attached notice marked "Appendix." 3
Copies of said notice, on forms provided by the
Regional Director for Region 7, after being duly
signed by Respondent's authorized representative,
shall be posted by it immediately upon receipt thereof,
and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all places
where notices to members are customarily posted.
LABOR RELATIONS BOARD
Reasonable steps shall be taken by the Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
(b) Furnish the Regional Director for Region 7
signed copies of such notice for posting by the
Employer, if willing, in places where notices to
employees are customarily posted.
(c) Notify the Regional Director for Region 7, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
3 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "POSTED BY
ORDER OF THE NATIONAL LABOR RELATIONS BOARD" shall be
changed to read "POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS ENFORCING AN ORDER
OF THE NATIONAL LABOR RELATIONS BOARD."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT engage in, or induce or encourage
individuals employed by N. I: I. Laboratory
Furniture Inc. or its subsidiary, Norlab Corpora-
tion, or any other person engaged in commerce or
in an industry affecting commerce to engage, in, a
strike or refusal in the course of their employment
to use, manufacture, process, transport, or other-
wise handle or work on goods, articles, materials,
or commodities, or to perform any services; or
threatening, coercing, or restraining N. I. I.
Laboratory Furniture Inc. or its subsidiary,
Norlab Corporation, or any other persons engaged
in commerce or in an industry affecting com-
merce, where in either case an object is to force or
require N. I. I. Laboratory Furniture Inc, or its
subsidiary, Norlab Corporation, to assign the
work df unloading, uncrating, raising, placing, and
installing fume hoods at the Wayne State Univer-
sity Medical Campus Basic Instruction Facility,
Detroit, Michigan, to its members or employees it
represents rather than to employees represented
by Local Union No. 337, United Brotherhood of
Carpenters and Joiners of America, AFL-CIO.
LOCAL UNION No. 80,
SHEET METAL WORKER'S
INTERNATIONAL
ASSOCIATION , AFL-CIO
(Labor Organization)
Dated By
(Representative) (Title)
LOCAL 80, SHEET METAL WORKERS 5
This is an official notice and must not be defaced by Any questions concerning this notice or compliance
anyone . with its provisions may be directed to the Board's
This notice must remain posted for 60 consecutive Office, 500 Book Building, 1249 Washington Boule-
days from the date of posting and must not be altered , vard , Detroit, Michigan 48226, Telephone
defaced, or covered by any other material . 313-226-3200.