Northern Imperial Constructors

National Labor Relations Board - Board DecisionsJul 23, 1963

143 N.L.R.B. 758 (N.L.R.B. 1963)

758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Northern Imperial Constructors and Willis Earl Noble Pile Drivers Union, Local No. 2382 and Willis Earl Noble. Cases Nos. 19-CA-2546 and 19-CB-898. July 23, 1963 DECISION AND ORDER On April 9, 1963, Trial Examiner Wallace E. Royster issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the attached Intermediate Report. Thereafter, the Respondent Union filed exceptions to the Intermediate Report and a supporting brief. 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 Brown]. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Interme- diate Report and the entire record in the case, including the exceptions and brief, and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner, except as modified herein.' ORDER The Board adopts as its Order the Recommended Order of the Trial Examiner, with the modifications noted below.2 1 We do not find it necessary to pass on and therefore do not adopt the Trial Examiner's finding that the Respondent Union violated Section 8 ( b) (1) (A) of the Act by telling em- ployees that they would be subject to fines should they work without a dispatch from Local 2382. 2 The Appendixes attached to the Intermediate Report are hereby modified by amend- ing the last substantive paragraph of Appendix A, so that it reads as follows: WE WILL offer Willis Noble , Robert Cullison , Walter Burt , and Roy Cranor immedi- ate reinstatement each to his former or substantially equivalent position, without prejudice to seniority and other rights and privileges, discharging , if necessary, any replacements , and will, with Pile Drivers Union, Local No. 2382, jointly and severally, make each whole for any loss of pay suffered as a result of the discrimination against him. Appendix B is also amended so that the next to last substantive paragraph reads as follows: WE WILL , jointly and severally with Northern Imperial Constructors , make whole Willis Noble, Robert Cullison , Walter Burt , and Roy Cranor for any loss of pay suffered as a result of the discrimination against them. INTERMEDIATE REPORT AND RECOMMENDED ORDER STATEMENT OF THE CASE This matter came on to be heard before Trial Examiner Wallace E. Royster in Sandpoint , Idaho, on January 31 , 1963. At issue is whether Pile Drivers Union, Local No. 2382 , herein called Local 2382, caused or attempted to cause Northern Imperial Constructors, herein called Northern , unlawfully to discharge its employees, 143 NLRB No. 84. NORTHERN IMPERIAL CONSTRUCTORS 759 Willis Noble, Robert Cullison , Walter Burt , and Roy Cranor . The complaint i of the General Counsel of the National Labor Relations Board alleges that Local 2382 thus has violated Section 8 (b)(1)(A) and 8 (b)(2) of the National Labor Relations Act, herein called the Act, and that Northern has committed unfair labor practices within the meaning of Section 8 ( a)(1) and ( 3) of the Act . It is alleged that these unfair labor practices affect commerce within the meaning of Section 2(6) and (7) of the Act. Upon the entire record in the case, and from my observation of the witnesses, I make the following: FINDINGS OF FACT 1. THE BUSINESS OF NORTHERN Northern is a joint venture engaged in a construction project in northern Idaho valued at more than $1,000, 000. In the year preceding the issuance of the complaint, Northern received materials at the construction site shipped to it from points outside the State of Idaho to a value in excess of $ 100,000. Jurisdiction of the Board is not contested and I find that the operations of Northern are in and affect commerce within the meaning of Section 2(6) and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED It is admitted and I find that Local 2382 is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES In May 1962 Northern began the construction of a bridge spanning a stream near Moyie Springs , Idaho. Sometime before the events giving rise to this proceeding took place, Northern became party to a contract with a group of labor organizations all affiliated with or subordinated to United Brotherhood of Carpenters and Joiners of America . Among those signing the agreement was Local 2382 whose principal office and hiring hall is in Spokane, Washington. The contracting unions have agreed to maintain lists of unemployed workmen on a nondiscriminatory basis to supply the needs of Northern and other employers . The contract recognizes that the several unions are not necessarily the sole source of procuring workmen. The contract sets forth a number of wage scales for various classifications of workmen but does not purport to define other than by title the skills involved. On October 4, 1962, because of safety considerations , all work on the project ceased. The employees were told by Northern that they would be recalled to work when certain conditions had been corrected . Jack Sowles , Northern 's project man- ager, and John Jacobson , one of its owners, in a few days hired Frank Clary as superintendent to bring about whatever changes were necessary at the project to satisfy safety requirements . Clary, a member of Local 2382, hired a crew of several men through Local 2382 and put them to work at the project. On Friday, October 12, Project Manager Sowles telephoned Willis Noble, who had been employed at the project as a carpenter before the shutdown , and told him to report for work on Monday, October 15 , and to bring another carpenter , Robert Cullison , with him. Unable to locate Cullison, Noble came to the worksite on October 15. Noble handed his dispatch slip 2 to Marcus Dahlem, the steward on the job for Local 2382 . Accord- ing to Noble , Dahlem would not accept the dispatch saying that Local 2382 recog- nized only Clary as one authorized to hire ; that if Noble went to work he would be fined; and that Noble could tell the rest of them at Local 1745 that they would get the same treatment. Still, according to Noble, Dahlem went on to say that if Noble began work, Dahlem would pull the Local 2382 men off the job. Noble said that he did not want to cause any trouble and would go back to his local for advice Later in the day, Noble reported his experience to Sowles who told him that he would try to get matters straightened out. On the evening of October 15 , Sowles again tele- phoned Noble and told him to report to work the next morning Noble did so and began work. About 10:30 that morning, Clary asked Noble to leave the job, ex- plaining that he was sending all of the workmen away. Clary said that there would be a meeting that afternoon and that Local 1745 could advise Noble of its outcome. Noble testified that he was told by his local that evening that the outcome of the meeting had been inconclusive. Sometime thereafter Sowles told Noble that he 'Issued December 27, 1962 , upon charges filed October 24 and December 3, 1962. 'Noble had obtained a dispatch from Local 1745 at Sandpoint Local 1745 is com- posed of carpenters and is a party to the bargaining agreement with Northern. 760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hoped to get matters arranged so as to permit Noble to work. In response to a telephone call from Sowles, Noble returned to the job and worked on January 4, 1963. In the morning of October 15, Sowles telephoned Orville Cranor, asking him to come to work that afternoon with a crew of carpenters to start a second shift. Cranor, his son Roy Cranor, and Walter Burt reported at the jobsite about 4:30 that after- noon. All three had been employed on the job prior to the shutdown. Arriving at the project, Orville Cranor, Burt, and Roy Cranor met Dahlem. According to Burt, Dahlem said that the men would have to have a dispatch from Local 2382 before going to work. None of them had such a dispatch. Burt was a member of Local 1745. The local affiliation of Orville Cranor and Roy Cranor does not appear. Roy Cranor testified that Dahlem asked if the men had referral slips from Local 2382 and that in the discussion which followed between Orville Cranor and Dahlem, Dahlem said that if they went to work they would be fined and charges brought against them. The men then went into an office and spoke with Sowles. They told Sowles that they did not dare to go to work because of the possibility of subjecting themselves to fines. Sowles said that he would telephone Weldon Newbury, executive secretary of the Spokane District Council of Carpenters, one of the parties to the bargaining agreement with Northern, to discover what might be done. Some time was spent in an unsuccessful attempt to reach Newbury and at some point, Sowles suggested that the men go to work, saying that he would pay any fines resulting. Roy Cranor said that it would be improper for the employer to pay a fine imposed by a union and the offer was refused. The men left the jobsite and did not return. Robert Cullison at the time of the shutdown on October 4 was working in the same crew of carpenters with Noble. When Sowles on October 12 asked Noble to report for work the following Monday, October 15, instructing him to bring Cul- lison with him, Cullison was out of the State. Upon his return October 21, he learned from Noble that Sowles had desired him to come to work the preceding Monday. Although Noble told Cullison it was futile for him to do so, he nonetheless reported to the project on October 22 and spoke to Sowles. When Cullison asked Sowles if he could go to work, the latter replied that he could not unless he was a "piledriver," adding, "That is the way the union wants it." When Cullison said that would require him to register with Local 2382, Sowles indicated that this was so. In his testimony, Project Manager Sowles said that he was satisfied with the work performance of the four men named in the complaint and that when the work ceased temporarily on October 4, it was his expectation that they and others would return when construction resumed. Consistent with this, Sowles telephoned Noble and Orville Cranor, instructing them to report for work on October 15 and to bring others with them. Additionally, Sowles testified he gave a list containing the names of employees who had worked up through October 4, and whom he desired to take back, to Superintendent Clary with the instruction to Clary to notify the men to come to work. It is unclear whether the names of those listed in the complaint were in- cluded in this list. Sowles testified that he preferred to keep the carpenters who had been working on the job and did not desire to replace them with workmen sent out from Local 2382. On October 16, Sowles testified, he met with a group of union officials representing several construction trades unions, including representatives of Local 2382, and that a decision was reached at the meeting substantially to the effect that the work then about to be performed on the project was of a character requiring the assignment of piledrivers rather than carpenters. Superintendent Clary testified that in his judgment, there was no work at the project which could upon jurisdictional considerations be performed by carpenters and that in fact even prior to the October 4 shutdown, carpenters had been perform- ing work properly assignable to piledrivers. In consequence, Clary testified he ob- tained workmen from Local 2382 and refused to take men from the Sandpoint carpenters' local. Otto Hood, business representative for the Building and Construction Trades Council in the area, testified that the meeting of the unions with Northern on Octo- ber 16 was mainly concerned with job assignments 3 and that the unions felt that assignments of work to the proper craft was a safety matter. The meeting adjourned, Hood testified, with a promise from Northern that Hood would be notified the next day of any decision reached by Northern in the matter. The following day. Sowles informed Hood that Clary would do all the hiring and firing on the job This, of course, constituted in practical effect an agreement that piledrivers from Local 2382 would be used on the work that the carpenters had been performing. Clary's testimony that "jurisdiction" was not discussed at this meeting is not neces- sarily inconsistent with that of Hood There was in fact no "jurisdictional" dispute Local 1745, representing the carpenter employees, does not appear to have disputed the claim of Local 2382 that the work to be performed was properly assignable to piledrivers. NORTHERN IMPERIAL CONSTRUCTORS 761 The testimony of Sowles is to the effect that he desired to keep Noble, Burt, Cullison, and Cranor on the job; that their work was satisfactory; and that the only reason that they failed to be employed after the October 4 shutdown was because of the pressures engendered by Local 2382. Clary, while denying that he gave any preference to men dispatched by Local 2382 solely because of such dispatch, clearly arranged to replace the carpenters with pile- drivers on jurisdictional considerations. There is no suggestion in his testimony that he considered the individual carpenters who failed to retain their employment to lack the physique or skills that the job required. Steward Dahlem denied that he interfered in any way with the attempts of Noble, Cullison, Cranor, and Burt to return to work for Northern. Specifically, Dahlem denied that he threatened any of them with a fine or that he suggested that Local 2382 members would leave the job if the carpenters were put to work. However, Dahlem testified that on October 16, learning that Noble was at work and knowing that Noble had been hired by Sowles, he told Sowles and Jacobson in the presence of Clary that if both Clary and Sowles were to hire men, he, Dahlem, would no longer work on the job. At this point Clary reminded Jacobson that it had been agreed that Clary would do all the hiring. As between Dahlem and the carpenter employees, a straight question of credibility is posed. Dahlem testified that he had no authority as steward to make any threats of the character attributed to him and that decisions about where and in what circum- stances members of Local 2382 would work were made on a level of authority higher than that occupied by him. I have no doubt that Noble, Burt, and Cranor testified truthfully concerning the utterances of Dahlem and their testimony in that respect is credited. I believe that Dahlem considered it to be his responsibility to protect the jurisdiction of Local 2382 and to the extent that he was able to do so to keep the carpenters from infringing upon it. Thus I do not credit his denials as to remarks made to Noble, Burt, and Cranor. Dahlem's threat to quit the job on October 16 if more than one man was to do the hiring is of course consistent with the threats made to the carpenter employees. Neither Jacobson nor Sowles would have been concerned, I think, by the objections of an individual piledriver concerning hiring practices but when it was the steward who voiced the complaint, the threat was im- plicit. Dahlem was saying that piledrivers would not work unless Clary alone did the hiring. That he was, in fact, accurately reflecting the desires and position of Local 2382 is, I think, shown by the fact that the meeting on October 16 which was attended by Local 2382 centered about job assignments. The only question of as- signment that existed then was whether carpenters or piledrivers should be used on the work available. Local 2382 obviously succeeded in bringing about a decision that the work belonged to piledrivers. Sowles thereafter felt that he was unable to bring the carpenters back to work. Counsel for Northern suggested at the hearing that this was essentially a jurisdic- tional dispute and that the employer had no real interest in the matter. No doubt Local 1745 would be happier if its members were still employed on the project but it has not disputed the right of Local 2382 to fill the jobs. Thus within the terms of the Act no jurisdictional dispute is presented? The sole question is whether Local 2382 can lawfully insist that the work which it described as piledrivers' work must be given to men dispatched by Local 2382. I find that it could not. Noble, Cullison, Burt, and Cranor were, on October 15, employees of Northern who had been recalled to work. Each of them was satisfactory to Northern. The only reason that they failed to retain employment was that they were not dispatched from Local 2382. I find that Local 2382 could not lawfully insist upon this requirement. If it is true that these four men had been doing work and were about to perform work within the jurisdiction of Local 2382, at the most, Local 2382 could insist that it was their bargaining representative and to require them, under a valid union-shop arrangement, presently to become its members. This would be true no matter what the union affiliation of the four carpenters may have been or even if they lacked any such affilia- tions. None of the labor organizations party to the agreement with Northern was constituted as the sole source of recruitment of employees. Although Northern may have routinely used the hiring halls of various locals, there was no contractual re- quirement that it do so. Thus I find no right given by contract, leaving aside any question of legality of granting such a right. residing in Local 2382, to have the pile- drivers' jobs filled by assignments from its office.5 It is amply clear, and I find, that through its steward Dahlem and by its position at the meeting on October 16, Local 2382 caused Northern to terminate the em- 4 Cf Local 502, International Hod Carriers , Building and Common Laborers Union of America , AFL-CIO ( Cement-Work, Inc.), 140 NLRB 694 5 See Animated Displays Company, 137 NLRB 999. 762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployment of Noble, Cullison, Burt, and Cranor, and to hire in their stead individuals dispatched from Local 2382. By this causation, Local 2382 brought about a dis- crimination by Northern in violation of Section 8(a)(3) of the Act and thereby violated Section 8(b) (1) (A) and (2) of the Act. By telling employees that they would be subject to fines should they work without a dispatch from Local 2382, that local through Steward Dahlem restrained and co- erced employees in the exercise of rights guaranteed in Section 7 of the Act and thereby violated Section 8(b)(1)(A) of the Act. By terminating the employment of Noble, Cullison, Burt, and Cranor because of pressures brought upon it by Local 2382, Northern discriminated in regard to their hire and tenure of employment to encourage membership in or dispatch by Local 2382 and has thereby engaged in unfair labor practices within the meaning of Section 8(a)(1) and (3) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the two Respondents set forth in section III, above, occurring in connection with the operations of Northern 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 disputes burdening and obstructing com- merce and the free flow of commerce. V. THE REMEDY Having found that the Respondents have engaged in unfair labor practices, it will be recommended that they cease and desist therefrom and that each take certain affirmative action designed to effectuate the policies of the Act. It will be recom- mended that Respondent Northern be required to offer immediate and full reinstate- ment to Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor, each to his former or substantially equivalent position, without prejudice to seniority and other rights and privileges. It will also be recommended that Respondent Local 2382 notify Respondent Northern and the above-named individuals in writing that it has no objection to their employment. It will be recommended that the Respondents jointly and severally make each of the four named individuals whole for any loss of pay suffered by reason of the discrimination against them by payment of a sum equal to that each would have normally earned as wages from the date of the discrimination to the date of an offer of reinstatement, less net earnings for such period. Backpay shall be computed on a quarterly basis in accordance with the manner adopted in F. W. Woolworth Com- pany, 90 NLRB 289, with the addition of interest at the rate of 6 percent per annum. Upon the basis of the foregoing findings of fact, and upon the entire record in the case, I make the following: CONCLUSIONS OF LAW 1. Northern Imperial Constructors is engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Pile Drivers Union, Local No. 2382, is a labor organization within the meaning of Section 2(5) of the Act. 3. By causing Northern to discharge Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor, Respondent Local 2382 has violated Section 8(b) (1) (A) and 8(b)(2) of the Act. 4. By discharging Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor, the Respondent Northern has violated Section 8(a)(1) and (3) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2(6) and (7) of the Act. RECOMMENDED ORDER Upon the basis of the foregoing findings of fact and conclusions of law, and upon the entire record in the case, I recommend that: A. Northern Imperial Constructors, Moyie Springs, Idaho, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Encouraging membership in Pile Drivers Union, Local No. 2382, or in any other labor organization of its employees, by discriminatorily discharging employees or by discriminating in any other manner in regard to their hire or tenure of em- ployment or any term or condition of employment, except to the extent permitted by Section 8(a)(3) of the Act. NORTHERN IMPERIAL CONSTRUCTORS 763 (b) In any other manner interfering with, restraining, or coercing employees in the exercise of their right to self-organization, to form labor organizations, to join or refrain from joining Pile Drivers Union, Local No. 2382, or any other labor organization, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act. 2. Take the following affirmative action which I find will effectuate the policies of the Act: (a) Offer Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor immediate and full reinstatement, each to his former or substantially equivalent position, with- out prejudice to seniority and other rights and privileges, discharging replacements if necessary. (b) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, social security payment records, time- cards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Recommended Order. (c) Post at is project at Moyie Springs, Idaho, copies of the attached notice marked "Appendix A." 6 Copies of said notice, to be furnished by the Regional Director for the Nineteenth Region, shall, after having been duly signed by Northern, be posted by it immediately upon receipt thereof, and be maintained by it for 60 con- secutive day thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Northern to ensure that such notices are not altered, defaced, or covered by any other material. (d) Post at the same places and under the same conditions as set forth in para- graph (c) above, as soon as they are forwarded by the Regional Director, copies of Respondent Local 2382's attached notice marked "Appendix B." (e) Mail to the said Regional Director for the Nineteenth Region signed copies of the attached notice marked "Appendix A" for posting by Respondent Local 2382 and by Carpenters Local 1745 at Sandpoint, Idaho. (f) Notify the Regional Director for the Nineteenth Region, in writing, within 20 days from the date of receipt of this Recommended Order, what steps have been taken in compliance? B. Pile Drivers Union, Local No. 2382, Spokane, Washington, its officers, agents, representatives, successors, and assigns , shall: 1. Cease and desist from: (a)Causing or attempting to cause Northern Imperial Constructors, its officers, agents, successors, or assigns, to discriminate against Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor, or any other employee, in violation of Section 8(a) (3) of the Act. (b) In any other manner restraining or coercing employees of Northern Imperial Constructors in the exercise of the rights guaranteed in Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring member- ship in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act. 2. Take the following affirmative action which I find will effectuate the policies of the Act: (a) Notify Northern Imperial Constructors, Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor, in writing, that it has no objection to the employment of the four individuals. (b) Post at its offices and meeting halls in Spokane, Washington, copies of the attached notice marked "Appendix B." 8 Copies of said notice, to be furnished by the Regional Director for the Nineteenth Region, shall, after being duly signed by a representative of Local 2382, be posted immediately upon receipt thereof, and be 6 In the event that this Recommended Order is adopted by the Board, the words "A De- cision and Order" shall be substituted for the words "The Recommended Order of a Trial Examiner" in the notice. In the further event that the Board's Order is enforced by a decree of a United States Court of Appeals, the words "A Decree of the United States Court of Appeals, Enforcing an Order" shall be substituted for the words "A Decision and Order " I In the event this Recommended Order is adopted by the Board, this provision shall be modified to read: "Notify the said Regional Director, in writing, within 10 days from the date of this Order, what steps have been taken in compliance." S See footnote 6, supra. 764 DECISIONS.OF NATIONAL LABOR RELATIONS BOARD maintained by it for 60 consecutive days thereafter , in conspicuous places, including all places where notices to members are customarily posted . Reasonable steps shall be taken to ensure that said notices are not altered , defaced, or covered by any other material. (c) Post at the same places and under the same conditions as set forth in paragraph (b) above, and as soon as they are forwarded by the Regional Director for the Nineteenth Region , copies of Respondent Employer 's attached notice marked "Appendix A." (d) Furnish to the Regional Director for the Nineteenth Region signed copies of Appendix B for posting by Respondent Northern at its project at Moyie Springs, Idaho, and by Carpenters Local 1745 at Sandpoint, Idaho. (e) Notify the Regional Director for the Nineteenth Region, in writing, within 20 days from the date of this Recommended Order, what steps have been taken in compliance.9 C. The Respondents, Northern Imperial Constructors and Pile Drivers Union, Local No. 2382, shall, jointly and severally in the manner set forth in the section of this report entitled "The Remedy," make whole Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor for any loss of pay suffered because of the discrimina- tion against them. It is finally recommended that unless on or before 20 days from the date of receipt of this Intermediate Report and Recommended Order the Respondents notify the Regional Director, in writing, that they will comply with the foregoing Recom- mended Order the National Labor Relations Board issue an order requiring the noncomplying Respondent or Respondents to take the action aforesaid. 6 See footnote 7, supra. APPENDIX A NOTICE TO ALL EMPLOYEES OF NORTHERN IMPERIAL CONSTRUCTORS Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify our employees that: WE WILL NOT encourage membership in Pile Drivers Union, Local No. 2382, or in any other labor organization of our employees, by discriminatorily dis- charging employees or by discriminating in any other manner in regard to their hire or tenure of employment or any term or condition of employment, except to the extent permitted by Section 8(a) (3) of the Act WE WILL NOT in any other manner interfere with , restrain , or coerce em- ployees in the exercise of the right to self-organization , to form labor organiza- tions, to join or refrain from joining Pile Drivers Union, Local No. 2382, or any other labor organization , to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection , or to refrain from any and all such activities, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a) (3) of the Act. WE WILL offer Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor immediate reinstatement, each to his former or substantially equivalent posi- tion, without prejudice to seniority and other rights and privileges, discharging, if necessary, any replacements, and will make each whole for any loss of pay suffered as a result of the discrimination against him. NORTHERN IMPERIAL CONSTRUCTORS, Employer. Dated------------------- By------------------------------------------- (Representative) (Title) NOTE.-We will notify any of the above-named employees now 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 Training 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, 327 Logan Building, 500 Union Street , Seattle , Washington , 98101 , Telephone No. Mutual 2- 3300, Extension 553, if they have any question concerning this notice or compliance with its provisions. PLASTERERS ' UNION LOCAL NO. 77, ETC. 765 APPENDIX B NOTICE TO ALL MEMBERS OF PILE DRIVERS UNION, LOCAL No. 2382, AND TO ALL EMPLOYEES OF NORTHERN IMPERIAL CONSTRUCTORS Pursuant to the Recommended Order of a Trial Examiner 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 cause or attempt to cause Northern Imperial Constructors to discriminate against Willis Noble, Robert Cullison, Walter Burt, and Roy Cranor, or any other employee, in violation of Section 8(a)(3) of the Act. WE WILL NOT in any other manner restrain or coerce employees of Northern Imperial Constructors in the exercise of rights guaranteed in Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a) (3) of the Act. WE WILL make whole Willis Noble, Robert Cullison, Walter Burt , and Roy Cranor for any loss of pay suffered as a result of the discrimination against them. WE WILL notify Northern Imperial Constructors, in writing , and in the same fashion give notice to Willis Noble, Robert Cullison , Walter Burt, and Roy Cranor that we have no objection to the employment of these four individuals. PILE DRIVERS UNION, LOCAL No. 2382, 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, 327 Logan Building, 500 Union Street, Seattle, Washington , 98101, Telephone No. Mutual 2- 3300 , Extension 553, if they have any question concerning this notice or compliance with its provisions. Plasterers' Union Local No. 77 Operative Plasterers ' and Cement Masons ' International Association (Piper & Greenhall, Inc.) and Dudley R. Rankin . Case No. 19-CB-861. July 33, 1963 DECISION AND ORDER On March 22, 1963, Trial Examiner David F. Doyle 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. Thereafter, the Respondent filed exceptions to the Intermediate Report and a brief in support thereof. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Leedom, Fanning, and Brown]. The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report, the exceptions and the brief, and the entire record 143 NLRB No. 83.