The H. K. Ferguson Co.

National Labor Relations Board - Board Decisions

Aug 10, 1962

138 N.L.R.B. 76 (N.L.R.B. 1962)

76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
v
no sufficient basis for upsetting the election. In the circumstances,
-we shall adopt the recommendations of the Regional Director and
overrule the objections of Petitioner. As the Petitioner has failed to
:secure a majority of the valid ballots cast, we shall certify the results
,of the election.
[The Board certified that a majority of the valid votes was not cast
for Textile Workers Union of America, AFL-CIO, CLC, and that
said labor organization is not the exclusive representative of the
employees in the unit found appropriate.]
MEMBER BROWN took no part in the consideration of the above
Decision on Review and Certification of Results of Election.
The H. K. Ferguson Company and Herbert F. Roberts and
United Brotherhood of Carpenters and Joiners of America,
AFL-CIO, the Tuscaloosa and Vicinity District Council of
Tuscaloosa and Selma, Alabama, and Carpenters and Mill-
wrights Local Union No. 1337, Parties to the Contract
-United Brotherhood of Carpenters and Joiners of America,
AFL-CIO, the Tuscaloosa and Vicinity District Council of
Tuscaloosa and Selma , Alabama, and Carpenters and Mill-
wrights Local Union No. 1337 and Herbert F . Roberts and
The H. K. Ferguson Company, Party to the Contract. Cases
Nos. 15-CA-1045 and 15-CB-195. August 10, 1964
SUPPLEMENTAL DECISION AND ORDER
On May 9, 1962, the Board issued a Proposed Supplemental Deci-
sion and Order in the above-entitled proceeding,' proposing certain
modifications of the Decision and Order issued herein on August 18,
1959.2 Thereafter, Respondent Council and Respondent Local Union
'filed exceptions to the Proposed Supplemental Decision and Order.
The Board 9 has considered the exceptions and the entire record
herein and, finding no merit in the' exceptions, concludes that the
-Proposed Supplemental Decision and Order should be adopted. Ac-
-cordingly, and pursuant to Section 10(c) and (d) of the National
Labor Relations Act, as amended,
IT Is HEREBY ORDERED that the Proposed Supplemental Decision and
Order issued herein on May 9, 1962, be, and it hereby is, adopted.
1 Not published in NLRB volumes.
2124 NLRB 544.
'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].
138 NLRB No. 13.
THE H. K. FERGUSON COMPANY 77
PROPOSED SUPPLEMENTAL DECISION AND ORDER'
On August 18, 1959, the Board issued its Decision and Order in the
above-entitled proceeding,' finding that the Respondent Company had
violated Section 8 (a) (3) and (1) of the Act, and that the Respond-
ent Unions had violated Section 8(b) (1) (A) and (2) of the Act.
Specifically, the Board found that the Respondents maintained and
enforced exclusive hiring hall agreements and practices; that these
agreements were unlawful because (1) they did not contain certain
safeguards deemed by the Board in its Mountain Pacific decision s
to be essential to the establishment of a lawful exclusive hiring hall
arrangement , and (2) because they provided for a closed shop; and
that the practices created closed-shop conditions. The Board also
found that eight individuals were discriminatorily denied referral to
and employment by the Respondent Company. Further, the Board
found that employees were unlawfully required to pay moneys in
order to obtain referrals and employment. To remedy the unfair
labor practices found, the Board, inter alia, ordered the Respondents
to cease and desist therefrom, jointly and severally make whole the
eight discriminatees, and, also jointly and severally reimburse mill-
wrights and millwright apprentices for dues, initiation fees, assess-
ments, permit fees, and/or "dobies" exacted from them under the un-
lawful agreements and practices.
Thereafter, on April 5, 1960, the Respondent Company, the Charg-
ing Party, and the General Counsel entered into a stipulation pro-
viding for immediate compliance by the Respondent Company with
all provisions of the Board's Order against it except those pertaining
to the making whole of the eight discriminatees and the reimburse-
ment of the employees. As to these provisions, the stipulation pro-
vided that the Respondent Company would pay to each discriminatee
an amount equal to one-half of any pay loss suffered, and would
reimburse the millwrights and millwright apprentices for one-half
of the moneys exacted from them. It was further provided in the
stipulation that any further liability of the Respondent Company
under the joint and several provisions of the Board's Order would be
contingent upon enforcement by a circuit court of appeals of the
Respondent Unions' backpay and reimbursement provisions, that if
these provisions were enforced in whole or in part, the Board would
seek full compliance from the Respondent Unions, and that if such
compliance could not be had, the Respondent Company would be
' Any party may, within 20 days from the date hereof, file with the Board in Washington.
D.C., seven copies of a statement setting forth exceptions to this Proposed Supplemental
Decision and Order , together with seven copies of a brief in support of said exceptions
and, immediately upon such filing, serve copies thereof on each of the other parties.
' 124 NLRB 544.
9119 NLRB 899
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
liable for any moneys the Board could not obtain from the Respondent
Unions.
On July 22, 1960, the Board issued a Supplemental Order severing
Cases Nos. 15-CA-1025 and 15-CB-195, and approving the above
stipulation.'
On April 12, 1961, the Board filed in the United States Court of
Appeals for the Fifth Circuit a petition for enforcement of each of
the provisions of its Order of August 18, 1959, relating to the Re-
spondent Unions, and for enforcement of its Supplemental Order
with respect to the Respondent Company. On April 17, 1961, while
this petition was pending , the Supreme Court handed down its deci-
sions in Local 357, Teamsters,' Local 60, Carpenters,' and News Syn-
dicate? On motion of the Board, leave to withdraw the petition
for enforcement was granted by the Court, and these cases are
presently before the Board for reconsideration.
The Board 8 has reconsidered these cases in the light of the Supreme
Court decisions and, in accord with those decisions, hereby vacates
those portions of its Decision and Order which found Respondents'
hiring agreements and practices unlawful solely because of the absence
of the Mountain Pacific standards. Local 357, Teamsters, supra.
Also vacated are those portions which found that the bylaws and
trade rules of the Respondent Unions were incorporated into the
agreements, thereby providing for a closed shop. News Syndicate,
supra. In sum , we now find that no violation can be predicated upon
any provisions contained in the written agreements between the parties.
We reaffirm, however, that portion of the Decision which found
that the hiring practices between the Respondent Company and the
District Council and Local 1337 were unlawful in that they imposed
closed-shop employment conditions. As is more fully detailed in the
Intermediate Report, the practice followed at the local level in the
Tuscaloosa-Demopolis area, in the enforcement and administration of
the 1956 master agreement and its 1957 supplement, gave unfettered
control to Business Agent Goodman and established closed-shop con-
ditions at the Demopolis project. Thus, the record establishes that
referral by Goodman was a prerequisite to hire at this project, and,
as particularly evidenced by Goodman's treatment of the eight dis-
criminatees and others similarly situated, Goodman conditioned re-
ferral upon matters connected with union membership or obligations.
4 As the Board by this Supplemental Order severed the instant cases, the two cases have
been consolidated here for decisional purposes only.
6Local 357 , International Brotherhood of Teemste,s , etc. (Los Angeles -Seattle Motor
Empress ) v. ]V.L R.B., 365 U.S 667.
G Local 60, United Brotherhood of Carpenters , etc. (Mechanical Handling Systems) v.
NL.R.B., 365 U.S. 651.
7 N L R.B v. News Syndicate Company, Inc , et al., 365 US 695
sPursuant 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 H. K. FERGUSON COMPANY 79
Accordingly, as stated above, we reaffirm our previous finding that
by maintaining and enforcing the unlawful practices, Respondent Dis-
trict Council and Respondent Local 1337 violated Section 8 (b) (1) (A)
and (2), and Respondent Company violated Section 8(a) (1) and (3).
We similarly reaffirm our previous finding that Herbert F. Roberts,
Morris Grace, W. R. Vice, N. T. Steadham, E. M. Peacock, J. E.
Mathers, B. S. Irvin, and Robert Hartman were discriminatorily
denied employment. It is clear that the denial of employment to
these individuals was an implementation of the unlawful closed-shop
practices. It is equally clear that apart from the practices, Good-
man's denial of referrals to them was for reasons connected with their
union membership or obligations. Accordingly, we find that by their
implementation of the unlawful practices, Goodman's discriminatory
denial of referrals and Respondent Company's refusal to employ these
eight individuals, Respondent District Council and Respondent Local
1337 violated Section 8(b) (1) (A) and (2) and Respondent Com-
pany violated Section 8(a) (1) and (3).
As stated above, we do not now find that the 1956 master agree-
ment or its 1957 supplement, to which Respondent United Brother-
hood of Carpenters was a party, were in themselves unlawful. As
our original findings against the United Brotherhood rested primarily
upon the illegality of these written agreements, and not upon this
Respondent's being a party to the unlawful practices at the local level,
there is no basis for sustaining the finding that this Respondent
violated the Act, and we shall dismiss the complaint as to it.
THE REMEDY
As noted above, to remedy the unfair labor practices found, the
Board, inter alia, had ordered the reinmbursement of all millwrights
and millwrights apprentices-including union members as well as
nonmembers-employed at the Demopolis project for dues and other
fees paid to the Respondent Unions. We now find that the direction
of reimbursement should be limited to the fees and other moneys paid
by nonmembers to obtain their jobs at the Demopolis project. In
Local 60, Carpenters, supra, the Supreme Court held that the Board
could not order a union to return to its members union dues and fees,
absent evidence that those members were coerced into joining the
union, or that they joined in order to obtain employment, or that
they involuntarily retained their membership in the Union. In sum,
the Court held that the refunding of dues to members is not a reme-
dial measure unless it can be shown that their membership was
induced, obtained, or retained, in violation of the Act. Such evidence
is absent in this case. However, the Supreme Court's decision did
not withhold from the Board the power to direct reimbursement of
SO DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fees paid by nonmembers to obtain employment." Accordingly, we
shall direct that nonmembers of Respondent Local 1337 hired pur-
suant to the unlawful practices be reimbursed for the permit fees
and/or "dobies" they paid in order to obtain employment.
As stated above, subsequent to the issuance of the Decision and
Order herein, the Board approved a stipulation to which the
Respondent Company, the Charging Party, and the General Counsel
were parties. The original Order issued herein provided that the
Respondents were jointly and severally liable for making the eight
discriminatees whole and for reimbursing employees. The Order
herein follows the terms of the stipulation.
ORDER
Upon the entire record in the case, and pursuant to Section 10(c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that :
A. Respondent, The H. K. Ferguson Company, Cleveland, Ohio,
its officers, agents, successors, and assigns, shall : 10
1. Cease and desist from :
(a) Maintaining, enforcing, or giving effect to any arrangement,
understanding, or practice with The Tuscaloosa and Vicinity District
Council of Tuscaloosa and Selma, Alabama, Local Union No. 1337,
or any other labor organization, which requires membership in a
labor organization as a condition of referral or employment.
(b) Encouraging membership in Local Union No. 1337, or any
other labor organization, by discriminating in regard to hire or
tenure of employment or any term or condition of employment.
(c) In any other manner interfering with, restraining, or coercing
employees in the exercise of right guaranteed in Section 700f the Act.
2., Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Make whole, in the manner set forth in the section of the Inter-
mediate Report entitled "The Remedy," Herbert F. Roberts, Morris
Grace, W. R. Vice, N. T. Steadham, E. M. Peacock, J. E. Mathers,
B. S. Irvin, and Robert Hartman, by paying to each of them an
amount equal to one-half of any loss of pay he may have suffered as
a result of the discrimination against him.
(b) Reimburse, in the manner set forth in the section of the Inter-
mediate Report entitled "The Remedy," as modified herein, all non-
member millwrights and millwright apprentices employed at the
Demopolis project by payment to each of them an amount equal to
9 Porter-DeWitte Construction Co, The ., 134 NLRB 963.
10 In its answer to the Board ' s petition for enforcement , the Respondent Company asserted
that it had fully complied with the stipulation except for that provision respecting re-
imbursement . To the extent that the Respondent has so complied , it is not intended by
this Order to require further action by the Respondent Company.
THE H. K. FERGUSON COMPANY 81
one-half of the moneys illegally exacted from him by the Respondent
Unions.
(c) If enforcement by a circuit court of appeals of the provisions
of section B, 2, (a) and (b) and/or section C, 2, (a) and (b) of this
Order, in whole or in part, is obtained, and compliance cannot be•
secured from the Respondent Union, then jointly and severally with
the Respondent Unions make whole the employees named in section
A, 2, (a) and reimburse the nonmember employees in the manner set
forth in the stipulation dated April 5, 1960, and approved by the
Board on July 22, 1960.'1
(d) Preserve and, upon request, make available to the Board or its
agents, for examination and copying, all payroll records, social secu-
rity payment records, timecards, personnel records and reports, and
all other records necessary to compute the amount of backpay due
the above-named eight employees and the moneys illegally exacted
from them and other employees.
(e) Post at its offices and at all of its construction projects within
the territorial jurisdiction of Respondent District Council, copies of
the notice attached hereto marked "Appendix A." 12 Copies of said
notice, to be furnished by the Regional Director for the Fifteenth
Region (New Orleans, Louisiana), shall, after being duly signed by
Respondent Company's representative, be posted by Respondent
Company immediately upon receipt thereof, and be maintained by it
for a period of 60 consecutive days thereafter, in conspicuous places,
including all places where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent Company to insure
that said notices are not altered, defaced, or covered by any other
material.
(f) Post at the same places and under the same conditions as set
forth in (e) above, as soon as they are forwarded by the Regional
Director, copies of the Respondent District Council's notice and
Respondent Local's notice herein marked "Appendix B" and "Appen-
dix C."
(g) Notify the Regional Director for the Fifteenth Region, in
writing, within 10 days from the date of this Order, what steps it
has taken to comply herewith.
B. Respondent District Council, The Tuscaloosa and Vicinity Dis-
trict Council of Tuscaloosa and Selma, Alabama, its officers, agents,
representatives, successors, and assigns, shall:
1. Cease and desist from :
(a) Maintaining, enforcing, or giving any effect to any arrange-
ment, understanding, or practice with The H. K. Ferguson Company,
u This provision follows the terms of the stipulation.
22 In 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."
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or any other employer over whom the Board would assert jurisdiction,
which requires membership in it or any of its affiliated locals as a con-
dition of referral or employment.
(b) Causing or attempting to cause Respondent Company or any
other employer over whom the Board would assert jurisdiction, to
discriminate against employees or applicants for employment in viola-
tion of Section 8 (a) (3) of the Act.
(c) In any other manner restraining or coercing employees or
applicants for employment in the exercise of the rights guaranteed in
Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Jointly and severally with the Respondent Company and
Respondent Local Union No. 1337, reimburse the above-named eight
employees for any loss they may have suffered as a result of the dis-
crimination against them in the manner set forth in the section of the
Intermediate Report entitled "The Remedy."
(b) Jointly and severally with Respondent Company, and
Respondent Local Union No. 1337, reimburse all nonmember mill-
wrights and millwright apprentices who worked at the Demopolis
project for moneys illegally exacted from them in the manner set
forth in the section of the Intermediate Report entitled "The Remedy,"
as modified herein.
(c) Preserve and, upon request, make available to the Board or its
agents for examination and copying, all records necessary to compute
the moneys illegally exacted from employees of Respondent Company.
(d) Post at its offices and at the meeting places of each of the three
local unions within its jurisdiction, copies of the notice attached
hereto marked "Appendix B." 13 Copies of said notice, to be furnished
by the Regional Director for the Fifteenth Region, shall, after being
duly signed by Respondent District Council's representative, be
posted immediately upon receipt thereof, and be maintained by
Respondent District for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to members are custom-
arily posted. Reasonable steps shall be taken by Respondent District
Council to insure that said notices are not altered, defaced, or covered
by any other material.
(e) Mail to the Regional Director signed copies of Appendix B,
for posting by Respondent Company as provided above herein.
Copies of said notice, to be furnished by the said Regional Director,
shall, after being signed by Respondent District Council's representa-
tive, be forthwith returned to the Regional Director for such posting.
' See footnote 10, supra.
THE H. K. FERGUSON COMPANY 83
(f) Notify the Regional Director for the Fifteenth Region, in
writing, within 10 days from the date of this Order, what steps it
has taken to comply herewith.
C. Respondent, Carpenters and Millwrights Local Union No. 1337,
its officers, agents, representatives, successors, and assigns, shall:
1. Cease and desist from :
(a) Maintaining, enforcing, or giving effect to any arrangement,
understanding, or practice with The H. K. Ferguson Company, or
any other employer over whom the Board would assert jurisdiction,
which requires membership in it as a condition of referral or
employment.
(b) Causing or attempting to cause Respondent Company or any
other employer over whom the Board would assert jurisdiction to
discriminate against employees or applicants for employment in viola-
tion of Section 8 (a) (3) of the Act.
(c) In any other manner restraining or coercing employees or
applicants for employment in the exercise of the rights guaranteed in
Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Jointly and severally with Respondent Company and Respond-
ent District Council, reimburse the above-named eight employees for
any loss they may have suffered as a result of the discrimination
against them in the manner set forth in the section of the Intermediate
Report entitled "The Remedy."
(b) Jointly and severally with Respondent Company and Respond-
ent District Council, reimburse all nonmember millwrights and mill-
wright apprentices who worked at the Demopolis project for moneys
illegally exacted from them in the manner set forth in the section of
the Intermediate Report entitled "The Remedy," as modified herein.
(c) Preserve and, upon request, make available to the Board or
its agents, for examination and copying, all records necessary to com-
pute the moneys illegally exacted from employees of Respondent
Company.
(d) Post at its office and meeting hall in Tuscaloosa, Alabama,
copies'of the notice attached hereto marked "Appendix C." 11 Copies
of said notice, to be furnished by the Regional Director for the
Fifteenth Region, shall, after being duly signed by Respondent Local
1337's representative, be posted immediately upon receipt thereof,
and be maintained by Respondent Local Union No. 1337 for 60 con-
secutive days thereafter, in conspicuous places, including all places
where notices to members are customarily posted. Reasonable steps
" See footnote 10, supra
662353-63-vol 138-7
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall be taken by Respondent Local 1337 to insure that said notices
are not altered, defaced, or covered by any other material.
(e) Mail to the Regional Director signed copies of Appendix C,
for posting by Respondent Company as provided above herein. Copies
of said notice, to be furnished by the said Regional Director, shall,
after being duly signed by Respondent Local 1337's representative,
be forthwith returned to the Regional Director for such posting.
(f) Notify the Regional Director for the Fifteenth Region, in writ-
ing, within 10 days from the date of this Order, what steps it has
taken to comply herewith.
APPENDIX A
NOTICE TO ALL EMPLOYEES
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, we hereby notify our employees that :
WE WILL NOT maintain, perform, or enforce any arrangement,
understanding, or practice with The Tuscaloosa and Vicinity
District Council of Tuscaloosa and Selma, Alabama, Local Union
No. 1337, or any other labor organization which requires mem-
bership in a labor organization as a condition of referral or
employment.
WE WILL NOT encourage membership in Local Union No. 1337,
or in any other labor organization of our employees, by discrim-
inating in regard to hire or tenure of employment or any term or
condition of employment.
WE WILL NOT in any other manner interfere with, restrain, or
coerce our employees in the exercise of the rights guaranteed
them in Section 7 of the Act.
WE WILL reimburse all our millwrights and millwright appren-
tices who are not members of the local, at our Gulf States Paper
Corporation project at Demopolis, Alabama, for all dues, initia-
tion fees, assessments, permit fees, and/or "dobies" they were
unlawfully required to pay as a result of the unlawful hiring
arrangements and practices with the aforementioned labor or-
ganization at the aforementioned project.
WE WILL make whole Herbert F. Roberts, Morris Grace, W. R.
Vice, N. T. Steadham, E. M. Peacock, J. E. Mathers, B. S. Irvin,
and Robert Hartman for any loss of pay suffered by them as a
result of the discrimination practices against them.
All our employees are free to become or remain, or to refrain from
becoming or remaining, members in good standing of United Brother-
THE H. K. FERGUSON COMPANY 85
hood of Carpenters and Joiners of America, or any of its subordinate
district councils or local unions or any other labor organization.
THE H . K. FERGUSON COMPANY,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office, T6024 Federal Building (Loyola), 701 Loyola Avenue, New
Orleans 13, Louisiana, Telephone Number 529-2411, if they have any
question concerning this notice or compliance with its provisions.
APPENDIX B
NOTICE TO ALL MEMBERS OF UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO, WITHIN THE JURISDICTION OF THE
TUSCALOOSA AND VICINITY DISTRICT COUNCIL OF TUSCALOOSA AND
SELMA, ALABAMA, AND TO ALL EMPLOYEES OF, AND APPLICANTS FOR
EMPLOYMENT WITH, THE H. K. FERGUSON COMPANY
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 maintain, perform, or enforce any arrangement,
understanding, or practice we may have with The H. K. Ferguson
Company, or any other employer over whom the Board will assert
jurisdiction, which requires membership in us or any of our
affiliated local unions as a condition of referral or employment.
WE WILL NOT cause or attempt to cause The H. K. Ferguson
Company, or any other employer over whom the Board will assert
jurisdiction, to discriminate against employees or applicants for
employment in violation of Section 8(a) (3) of the Act.
WE WILL NOT in any other manner restrain or coerce employees
or applicants for employment in the exercise of the rights guar-
anteed in Section 7 of the Act.
WE WILL reimburse all millwrights and millwright apprentices
of The H. K. Ferguson Company at its Gulf States Paper Cor-
poration project at Demopolis, Alabama, for all dues, initiation
fees, assessments, permit fees, and/or "dobies" they were unlaw-
fully required to pay to us as a result of the illegal hiring arrange-
ments or practices with The H. K. Ferguson Company at the
aforementioned project.
WE WILL make whole Herbert F. Roberts, Morris Grace, W. R.
Vice, N. T. Steadham, E. M. Peacock, J. E. Mathers, B. S. Irvin,
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Robert Hartman for any loss of pay suffered by them as a
result of the discrimination practices against them.
THE TUSCALOOSA AND VICINITY DISTRICT COUNCIL
OF TUSCALOOSA AND SELMA, ALABAMA,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office, T6024 Federal Building (Loyola), 701 Loyola Avenue, New
Orleans 13, Louisiana, Telephone Number, 529-2411, if they have any
question concerning this notice or compliance with its provisions.
APPENDIX C
NOTICE TO ALL MEMBERS OF CARPENTERS AND MILLWRIGHTS LOCAL
UNION No. 1337 AND TO ALL EMPLOYEES OF, AND APPLICANTS FOR
EMPLOYMENT WITH, THE H. K. FERGUSON COMPANY
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 maintain, perform, or enforce any arrangement,
understanding, or practice we may have with The H. K. Ferguson
Company, or any other employer over whom the Board will assert
jurisdiction, which requires membership in us a condition of
referral or employment.
WE WILL NOT cause or attempt to cause The H. K. Ferguson
Company, or any other employer over whom the Board will assert
jurisdiction, to discriminate against employees or applicants for
employment in violation of Section 8(a) (3) of the Act.
AVE WILL NOT in any other manner restrain or coerce employees
or applicants for employment in the exercise of the rights guar-
anteed in Section 7 of the Act.
WE WILL reimburse all millwrights and millwright apprentices
of The H. K. Ferguson Company at its Gulf States Paper Cor-
poration project at Demopolis, Alabama, for all dues, initiation
fees, assessments , permit fees, and/or "dobies" they were unlaw-
fully required to pay to us as a result of the illegal hiring arrange-
ments and practices with The H. K. Ferguson Company at the
aforementioned project.
WE WILL make whole Herbert F. Roberts , Morris Grace, W. R.
Vice, N. T. Steadham, E. M. Peacock, J. E. Mathers, B. S. Irvin,
AMERICAN SCREEN PRODUCTS COMPANY S7
and Robert Hartman for any loss of pay suffered by them as a
result of the discrimination practices against them.
CARPENTERS AND MILLWRIGHTS LOCAL UNION No. 1337,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office, T6024 Federal Building (Loyola), 701 Loyola Avenue, New
Orleans 13, Louisiana, Telephone Number, 529-2411, if they have any
question concerning this notice or compliance with its provisions.
American Screen Products Company and International Associa-
tion of Machinists, AFL-CIO. Case No. 13-CA-4528. August
13, 1962
DECISION AND ORDER
On May 23, 1962, Trial Examiner James T. Barker 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 Respond-
ent had not engaged in certain other unfair labor practices alleged in
the complaint and recommended dismissal of these allegations. There-
after, the General Counsel filed exceptions to the Intermediate Report
and a supporting brief.
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 briefs, and the entire record in
this case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner.'
ORDER
The Board adopts the Trial Examiner's Recommended Order.
'In the absence of exceptions by the General Counsel, we adopt pro forma the Trial
Examiner ' s refusal to find the additional violations of Section 8 ( a) (1) which were litigated
at the hearing.
INTERMEDIATE REPORT
STATEMENT OF THE CASE
Upon a charge filed on November 6, 1961 , by the International Association of
Machinists , AFL-CIO, herein called the Union , and an amended charge filed on
138 NLRB No. 7.