Local 991, Int'l Longshoremen's Association, Etc.

National Labor Relations Board - Board Decisions

Nov 21, 1962

139 N.L.R.B. 1152 (N.L.R.B. 1962)

1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
liamson Tobacco Corporation to assign to employees engaged as pipe-
fitters, who are currently represented by Pipefitters Local Union
No. 522, United Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United States and Canada,
AFL-CIO, the following work :
(a) Installing welded pipe hand and guard rails and performing
all burning, cutting, bending, and welding necessary thereto.
(b) Installing recording devices on a fabricated metal bracket and
panel, fabricating such brackets and panels, and attaching the entire
installation to a supporting structure.
3. Within 10 days from the date of this Decision and Determination
of Dispute, Pipefitters Local Union No. 522, United Association of
Journeymen and Apprentices of the Plumbing and Pipefitting In-
dustry of the United States and Canada, AFL-CIO, shall notify the
Regional Director for the Ninth Region, in writing, whether or not
it will refrain from forcing or requiring Brown & Williamson To-
bacco Corporation by means proscribed by Section 8 (b) (4) (D) to
assign the disputed pipe rail work and the disputed recorder work
(involving the fabrication of a metal panel) to pipefitters rather than
to machinists and welders.
Local 991, International Longshoremen's Association , AFL-CIO ;
Local 1406, International Longshoremen 's Association, AFL-
CIO; South Atlantic and Gulf Coast District International
Longshoremen 's Association, AFL-CIO and Union Carbide
Chemicals Company, Division of Union Carbide Corporation.
Case No. 23-CD-46. November 21, 1962
DECISION AND ORDER
Upon a charge filed on May 16, 1961, and amended May 23, 1961,
by Union Carbide Chemicals Company, Division of Union Carbide
Corporation, hereinafter called Carbide or the Company, the General
Counsel for the National Labor Relations Board, herein called the
General Counsel, by the Regional Director for the Twenty-third
Region, issued a complaint dated July 13, 1962, against Local 991,
International Longshoremen's Association, AFL-CIO; Local 1406,
International Longshoremen's Association, AFL-CIO ; and South
Atlantic and Gulf Coast District International Longshoremen's As-
sociation, AFL-CIO, herein called the Respondents or the ILA, al-
leging that the Respondents had engaged in and were engaging in
unfair labor practices affecting commerce within the meaning of
Section 8 (b) (4) (D) and Section 2 (6) and (7) of the Act. Copies of
139 NLRB No. 94.
LOCAL 991, INT'L LONGSHOREMEN'S ASSOCIATION, ETC. 1153
the complaint, the charge, and the notice of hearing were duly served
upon the Respondents and the Company. Thereafter, Respondents
filed an answer denying the commission of any unfair labor practices.
With respect to the unfair labor practices, the complaint alleged
that: pursuant to 10(k) of the Act, the Board had heard and made a
determination of dispute out of which the charged unfair labor prac-
tice arose; the determination of the Board was that the Respondents
were not lawfully entitled to force or require Carbide to assign the
work of loading and unloading ships at Texas City, Texas, to its
members rather than to the Company's own employees who are mem-
bers of the Texas City, Texas, Metal Trades Council, AFL-CIO, here-
in called Trades Council; the Respondent has not complied with the
terms of the Board's Decision and Determination of Dispute; the
Respondents since on or about May 15, 1961, by means proscribed by
Section 8(b) (4), have engaged in conduct an object of which was to
force or require the Company to assign the disputed work to em-
ployees who are members of Respondents rather than to employees
who are members of, or represented by, Trades Council; and by such
conduct the Respondents have engaged in unfair labor practices within
the meaning of Section 8(b) (4) (i) and (ii) (D) of the Act.
On July 31, 1962, all parties entered into a stipulation setting forth
an agreed statement of facts. The stipulation provides that the par-
ties waive their rights to a hearing and the issuance of a Trial Exam-
iner's Intermediate Report and Recommended Order, and that the
case be submitted directly to the Board for findings of fact, conclu-
sions of law, and an order. It further provides that the entire record
in the proceeding shall consist of the charge, amended charge, com-
plaint, answer, the record of proceedings under Section 10 (k), the
Board's Decision and Determination of Dispute, dated June 22, 1962,
and the stipulation. On August 8, 1962, the aforesaid stipulation was
approved and accepted by the Board as part of the record in this
case. In accordance with Section 102.45 of the National Labor Rela-
tions Board's Rules and Regulations, Series 8, as amended, this pro-
nceeding was duly transferred to, and continued before, the Board.
Upon the basis of the aforesaid stipulation, the record in the 10 (k)
proceeding, the briefs filed by Respondents and the Company, and
the entire record in this case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Union Carbide Chemicals Company, Division of Union Carbide
Corporation, maintains a plant at Texas City, Texas, where it is en-
1154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaged in the manufacture, sale, and distribution of chemicals and
related products. Union Carbide Corporation, a New York corpora-
tion, has plants or offices in 48 States. During the 12 months preced-
ing the hearing the Company shipped from its Texas City plant prod-
ucts valued in excess of $10,000,000, to locations outside the State of
Texas. During the same period of time, it received at the above
plant goods and materials valued in excess of $50,000 from sources
outside the State. The parties agree, and we find, that the Company
is engaged in commerce within the meaning of Section 2(6) and (7)
of the Act, and that it will effectuate the policies of the Act to assert
jurisdiction in this case.
H. THE LABOR ORGANIZATIONS INVOLVED
Local 991, International Longshoremen's Association, AFL-CIO;
Local 1406, International Longshoremen's Association, AFL-CIO ;
South Atlantic and Gulf Coast District International Longshoremen's
Association, AFL-CIO ; and Texas City, Texas, Metal Trades Coun-
cil, AFL-CIO, are and have been at all times material herein labor
organizations within the meaning of Section 2 (5) of the Act.
III. THE RESPONDENTS' UNFAIR LABOR PRACTICES
In its Decision and Determination of Dispute (137 NLRB 750), the
Board determined that Respondents were not lawfully entitled to
force or require the Company to assign the work in dispute, loading
and unloading of ships, to members of the Respondents rather than
to employees of the Company, who are members of the Trades Coun-
cil, by means proscribed by Section 8 (b) (4) (D). The Board directed
the Respondents to notify the Regional Director in writing with re-
spect to their intention to comply with the Board's determination.
The Respondents by letter dated June 29, 1962, indicated that they
did not intend to comply.
Section 10(k) of the Act requires that, if the Respondents have
complied with the Board's determination, the 8(b) (4) (D) charge
must be dismissed. As the Respondents have not complied with the
10(k) determination, we turn now to the merits of the complaint
which, as we have indicated, is concerned with whether the Respond-
ents have engaged in unfair labor practices in violation of Section
8(b) (4) (D). All the factors essential for funding a violation of this
section of the Act are present here : it is clear from the record in the
10(k) proceeding that the Respondents were responsible for the work
stoppage and picketing at the Company's dockside operations at
Texas City, Texas, and the Respondents admit that the picketing was
LOCAL 991, INT'L LONGSHOREMEN'S ASSOCIATION, ETC. 1155
for the purpose of inducing and encouraging employees of the Com-
pany and other employers to engage in a concerted refusal to perform
services for the Company, with an object of forcing or requiring the
Company to assign the operations of loading and unloading ships to
members of the Respondents rather than to the Company's own em-
ployees. There is no contention or evidence that the Company was
failing to conform to an order or certification of the Board deter-
mining the bargaining representative for employees performing the
disputed work. Respondents' defense is that the Board's Decision
and Determination of Dispute was erroneous. The arguments ad-
vanced to support this defense were considered by the Board in mak-
ing its determination of the jurisdictional dispute. We adhere to that
determination.
Accordingly, we conclude that the Respondents have violated Sec-
tion 8(b) (4) (D) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents, set forth above, occurring in
connection with the operation of the Company, have a close, intimate,
and substantial relation to trade, traffic, and commerce among the
several States, and tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondents have engaged in certain un-
fair labor practices, we shall order them to cease and desist therefrom
and take certain affirmative action designed to effectuate the policies
of the Act.
CONCLUSIONS OF LAW
1. Respondents Local 991, International Longshoremen's Associa-
tion, AFL-CIO; Local 1406, International Longshoremen's Associa-
tion, AFL-CIO; and South Atlantic and Gulf Coast District
International Longshoremen's Association, AFL-CIO, are labor or-
ganizations within the meaning of Section 2(5) of the Act.
2. By engaging in, or inducing or encouraging individuals employed
by the Company, or other persons engaged in commerce or in an in-
dustry affecting commerce to engage in, a strike or a refusal in the
course of their employment to use, manufacture, process, transport,
or otherwise handle or work on any goods, articles, materials, or
commodities or to perform services; or threatening, coercing, or re-
straining the Company or other persons engaged in commerce or
in an industry affecting commerce, with an object of forcing or re-
672010---63-vol. 139-74
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quiring the Company to assign the work of loading or -unloading
ships at Texas City, Texas, to members of Respondents' rather than
to the employees of the Company represented by the Texas City
Trades Council, and the Company is not failing to conform to an
order or certification of the Board determining the bargaining repre-
sentative for employees performing such work, Respondents did
thereby engage in unfair labor practices within the meaning of Sec-
tion 8(b) (4) (i) and (ii) (D) and Section 2(6) and (7) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2(6) and (7) of
the Act.
ORDER
Upon the entire record in the case, and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondents, Local 991, In-
ternational Longshoremen's Association, AFIl-CIO ; Local 1406,
International Longshoremen's Association, AFL-CIO ; and South
Atlantic and Gulf Coast District International Longshoremen's As-
sociation, AFL-CIO, and their officers, agents, representatives, suc-
cessors, and assigns, shall :
1. Cease and desist from engaging in, or inducing or encouraging
individuals employed by the Company or other persons engaged in
commerce or in an industry affecting commerce to engage in, a strike
or a refusal in the course of their employment to use, manufacture,
process, transport, or otherwise handle or work on any goods, articles,
materials, or commodities or to perform any services; or threatening,
coercing, or restraining the Company or any other person engaged
in commerce or in an industry affecting commerce, where in either
case an object thereof is to force or require the Company to assign
the work of loading and unloading ships at its Texas City, Texas,
dock, to members of the Respondents rather than to employees of
the Company who are members of the Texas City, Texas, Trades
Council, AFL-CIO, unless the Company is failing to conform to
an order or certification of the Board determining the bargaining
representative for employees performing such work.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post in conspicuous places at their offices, meeting halls, and
at all places where the Respondents normally post notices for mem-
bers, copies of the attached notice marked "Appendix A." 1 Copies of
IIn the event that this Order is enforced by a decree of a United States Court of
Appeals there shall be substituted for the words "Pursuant to a Decision and Order" the
.words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order "
LOCAL 991, INT'L LONGSHOREMEN'S ASSOCIATION, ETC. 1157
the notice, to be furnished by the Regional Director for the Twenty-
third Region, shall, after being duly signed by authorized representa-
tives of the Respondents, be posted by them immediately upon receipt
thereof, and be maintained for a period of 60 consecutive days there-
after. Reasonable steps shall be taken to insure that the notice is not
altered, defaced, or covered by any other material.
(b) Sign and mail sufficient copies of said notice to the Regional
Director for the Twenty-third Region for posting by the Union Car-
bide Chemical Company and all other persons involved in this pro-
ceeding, who are willing, at all locations upon their or other premises
where notices to their employees are customarily posted.
(c) Notify the said Regional Director, in writing, within 10 days
of the date of this Order, what steps the Respondents have taken to
comply herewith.
CHAIRMAN MCCULLOCII and MEMBER BROWN took no part in the
consideration of the above Decision and Order.
APPENDIX
NOTICE TO ALL MEMBERS OF LOCAL 991, INTERNATIONAL LONGSIIORE-
MEN'S ASSOCIATION, AFL-CIO ; LOCAL 1406, INTERNATIONAL LONG-
SHOREMEN'S ASSOCIATION, AFL-CIO; AND SOUTH ATLANTIC AND
GULF COAST DISTRICT INTERNATIONAL LONGSHOREMEN'S ASSOCIA-
TION, AFL-CIO ; AND TO ALL EMPLOYEES OF UNION CARBIDE CiIIE1M1-
IC_1LS COMPANY AT Tnx.1s CITY, TEXAS
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 notify you that :
WE WILL NOT engage in, or induce or encourage individuals
employed by Union Carbide Chemicals Company, or any other
persons engaged in commerce or in an industry affecting com-
merce, to engage in, a strike or a refusal in the course of their
employment to use, manufacture, process, transport, or other-
wise handle or work on any goods, articles, materials, or com-
modities or to perform services; or threaten, coerce, or restrain
the Company or persons engaged in commerce or in an industry
affecting commerce where in either case an object thereof is to
force or require the Company to assign the work of loading and
unloading ships at its dock in Texas City, Texas, to members of
the Respondents rather than to employees of the Company rep-
resented by the Texas City, Texas, Metal Trades Council, AFL-
CIO, unless the Company is failing to conform to an order or
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certification of the Board determining the bargaining representa-
tive for the employees performing the above-mentioned work..
LOCAL 991, INTERNATIONAL LONGSHOREMEN'S
ASSOCIATION, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
LOCAL 1406, INTERNATIONAL LONGSHOREMEN'S
ASSOCIATION, AFL-CIO,
Labor Organization.
Dated---------------- By------------------------------------
(Representative ) ( Title)
SOUTH ATLANTIC AND GULF COAST DISTRICT INTERNA-
TIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO,
Labor Organization.
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, 6617 Federal Office Building, 515 Rusk Avenue, Houston 2,.
Texas, Telephone Number, Capital 8-0611, Extension 296, if they
have any question concerning this notice or compliance with its
provisions.
Elias Brothers Big Boy, Inc. and Local Joint Executive Board,.
Hotel and Restaurant Employees, Bartenders International.
Union, AFL-CIO
Clem, Inc. and Elias Brothers Big Boy, Inc. and James Henry
Rademacher
Elias Brothers Big Boy , Inc. and Patricia Clark . Cases Nos.-
7-CA-3480, 7-CA-3473, and 7-CA-3533. November 21, 1962
DECISION AND ORDER
On July 13, 1962, Trial Examiner Louis Libbin issued his Inter-
mediate Report in the above-entitled proceeding, finding that Re-
spondent Elias 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, however, recommended that
139 NLRB No. 99.