Painting and Decorating Contractors Association of Orange County, Inc.

National Labor Relations Board - Board Decisions

May 18, 1964

147 N.L.R.B. 1 (N.L.R.B. 1964)

Painting and Decorating Contractors Association of Orange
County, Inc., a Corporation , et al. and District Council of
Painters No. 48 . Case No. A0-70. May 18, 1964
ADVISORY OPINION
A petition was filed with the National Labor Relations Board by
District Council of Painters No. 48, herein called Petitioner, for an
Advisory Opinion pursuant to Sections 102.98 and 102.99 of the
Board's Rules and Regulations, Series 8, as amended. Painting and
Decorating Contractors Association of Orange County, Inc., a corpo-
ration, herein called Orange County Chapter; Tri-County Chapter
Painting and Decorating Contractors, Inc., a corporation, herein called
Tri-County Chapter; and certain individuals, all of whom are herein
collectively called Respondents, thereafter filed a response. Subse-
quently Ralph E. Kennedy, Regional Director for the Twenty-first
Region of the Board, herein called the Regional Director, upon the
basis of his investigation of unfair labor practice charges, later men-
tioned, which were filed with him, submitted a motion to intervene
and a supplemental motion to intervene. Both motions are granted
and the information contained therein is made a part of the record in
this proceeding.
In pertinent part, the petition, response, and motions to intervene
allege as follows :
1. Affiliated with California Council of Painting and Decorating
Contractors of America, herein called P.D.C.A., are a number of em-
ployer associations, known as chapters, including Orange County
Chapter; Tri-County Chapter; Tri-Associated Drywall Contractors
Chapter of Painting and Decorating Contractors of America, Inc.,
herein called Tri-Associated Chapter; Painting and Decorating Con-
tractors Association, Inc. of San Diego County, herein called San
Diego Chapter; and Desert Painting and Decorating Contractors of
Palm Springs, Inc., herein called Desert Chapter. Each of these
chapters is composed of members who are California employers en-
gaged in the building and construction industry as painting and dry-
wall application contractors. Each chapter conducts collective bar-
gaining on behalf of its members.
2. On or about April 3, 1963, collective-bargaining negotiations on
a multichapter basis began between Petitioner, on the one hand, and
Orange County Chapter, Tri-County Chapter, Tri-Associated Chap-
ter, San Diego Chapter, and Desert Chapter, on the other.
147 NLRB No. 3. 1
756-236--,65-vol. 147-2
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. Collective bargaining continued on the five-chapter basis until
early October 1963, when Petitioner received a letter from San Diego
Chapter requesting separate bargaining with that chapter; thereafter,
on or about October 8, 1963, San Diego Chapter and Petitioner en-
tered into a collective-bargaining agreement.
4. A proceeding was instituted by Respondents in the Superior
Court of the State of California, for the County of Orange, Case No.
118,676, against Petitioner, certain individuals, Painters Local No. 686
of Santa Ana, California, and, others. This State court suit was
brought, in part, for an injunction against picketing for certain alleg-
edly illegal objectives. The picketing was conducted at jobsites where
certain members of Orange County Chapter and Tri-County Chapter
were engaged in their contracting work. It also involved three in-
dividual employers who are among the Respondents herein but who
are not members of any P.D.C.A. chapter. The State court proceed-
ing was removed by Petitioner and the other defendants therein to
the United States District Court for the Southern District of Cali-
fornia, Central Division, Case No. 63-1461-JSC; now pending before
the United States district court is Respondents' motion to remand the
action to the State court.
5a. On behalf of P.D.C.A., Orange County Chapter, San Diego
Chapter, Tri-Associated Chapter, Tri-County Chapter, and Desert
Chapter, charges were filed with the Regional Director in Cases Nos.
21-CB-2145 and 21-CB--2145-2 on June 26 and July 3, 1963, respec-
tively. These charges allege violations of Section 8(b) (3) of the
National Labor Relations Act by Petitioner, certain of its affiliated
local unions, and certain individuals.
b. On behalf of Petitioner and its affiliated local unions, charges
were filed with the Regional Director in Cases Nos. 21-CA-5415,
21-CA-5415-2, 21-CA-5415-3, and 21-CA-5522 during June, July,
and August, 1963. These charges allege violations of Section 8 (a) (1)
and (5) of the Act by Orange County Chapter, Tri-Comity Chapter,
Desert Chapter, and Riverside Chapter, P.D.C.A.
c. On behalf of Petitioner, charges were filed with the Regional
Director in Case No. 21-CA-5614 in October 1963. These charges
allege violations of Section 8(a) (1) and (5) of the Act by Orange
County Chapter, Tri-County Chapter, and Tri-Associated Chapter.
Lionel Riclunan, attorney, filed with the Regional Director a charge
in Case No. 21-CA-5666 on November 22, 1963. This charge alleges
violations of Section 8(a) (1) and (5) of the Act by Orange County
Chapter and its members.
d. On behalf of Tri-County Chapter and Orange County Chapter,
charges were filed with the Regional Director in Cases Nos ., 21-CA-
5671-1 and 21-CA-5671-2 on November 29, 1963. These charges
PAINTING & DECORATING , ETC., ORANGE COUNTY, INC. 3
allege violations of Section 8(a) (1), (2 ), and (5 ) of the Act by Desert
Chapter, and San Diego Chapter, respectively.
e. On behalf of Tri-County Chapter and Orange County Chapter,
a charge was filed with the Regional Director in Case No. 21-CB-
2224 on December 4, 1963. This charge alleges violations of Section
8(b) (1) (B ) and (3 ) of the Act by Petitioner and its affiliated local
unions.
f. On behalf of Tri-County Chapter, Tri-Associated Chapter, and
Orange County Chapter , charges were filed with the Regional Direc-
tor in Cases Nos. 21-CB-2.241 and 21-CC-697 on January 10, 1964.
These charges allege violations of Sections 8(b) (1) (A ) and (B) and
8(b) (3) of the Act, and Section 8(b) (4) (i), (ii) (A) and (13) of the
Act, respectively , by Petitioner and its affiliated local unions.
6. Patrick Nagel, counsel for the five charging P.D.C.A. chapters
in Cases Nos: 21-CB-2145 and 21-CB-2145-2, by letter dated Au-
gust 2, 1963 , advised the Regional Director as follows :
Regarding the interstate commerce data . . . please be advised
that during the past calendar year the dollar volume of perform-
ance of services to customers outside the State ' of California ex-
ceeded $50 ,000, the dollar volume of sales and performance of
services to firms which, in turn, made sales to customers outside
the.State of California exceeded $50,000, the dollar volume of
purchases of goods and services from outside the State exceeded
$50,000, the dollar volume of purchases from firms which , in turn,
purchased those goods from outside California exceeded $50,000,
and the total volume of all sales and performance of services of
the contractors represented by the above associations exceeded
$500,000.
In addition to the above , the dollar volume of national defense
work during the past calendar year exceeded $2,000,000, said
work being done on. behalf of the Defense Department directly
and/or indirectly.
7. The Board in June 1961 asserted jurisdiction over Tri-Associated
Chapter ( 131 NLRB 1077 ) predicated upon the business operations
of Lamunyon Drywall Contractors , Inc., and Fletch Reynolds, Inc.,
who were members of this chapter.
On the above allegations , the Board is of the opinion that:
1. Because collective bargaining between Petitioner , on the one
hand, and Orange County Chapter, . San Diego Chapter, Tri-
Associated Chapter, Tri-County Chapter, and Desert Chapter, on.the
other , had been conducted upon ' a five-chapter basis, these chapters
should be treated as a single enterprise for jurisdictional purposes;
and the combined commerce operations of all members of all five
chapters must be considered in determining whether the Board would
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exercise jurisdiction in regard to the business of any single member
of any one of these chapters who participate in or intend to be bound
by group bargaining.'
2. These chapters' members are California employers engaged in
the building and construction industry as painting and drywall appli-
cation contractors.
3. The facts presented show the members of these five chapters have
a combined direct outflow of more than $50,000, a combined indirect
outflow of more than $50,000, a combined direct inflow of more than
$50,000, and a combined indirect inflow of more than $50,000.
4. Any one of these four commerce factors satisfies the Board's dis-
cretionary nonretail jurisdictional requirements, which are applicable
to the employers concerned herein.2
5. It follows that the Board would assert jurisdiction with respect
to the operations of any single member of any one of the five chapters
mentioned in paragraph 1, above.
6. It also follows that the Board would assert jurisdiction with ref-
erence to the business of any one of the five chapters mentioned in
paragraph 1, above.
Accordingly, the parties are advised under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that upon the
allegations submitted herein the Board would assert jurisdiction as
to the operations of any one of the five chapters mentioned in para-
graph 1 above, or any single member of any one of these chapters,
with respect to disputes cognizable under Sections 8, 9, and 10 of
the Act.
i Siemons Mailing Service, 122 NLRB 81, 84 ; Tri-Associated Drywall Contractors, Inc.,
etc., 131 NLRB 1077, 1078; cf. Carbondale Retail Druggists' Association, 131 NLRB 1021.
2 Siemons Mailing Service , 122 NLRB 81, 85.
Painting and Decorating Contractors Association of Orange
County, Inc., a Corporation , et al. and District Council of
Painters No. 48. Case No. A0-72. May 18, 1964
ADVISORY OPINION
A petition was filed with the National Labor Relations Board by
District Council of Painters No. 48, herein called Petitioner, for an
Advisory Opinion pursuant to Sections 102.98 and 102.99 of the
Board's Rules and Regulations, Series 8, as amended. Thereafter
Ralph E. Kennedy, Regional Director for the Twenty-first Region of
the Board, herein called the Regional Director, upon the basis of his
investigation of unfair labor practice charges, later mentioned, which
147 NLRB No. 2.