United Association, Pipe Fitters Local 533

National Labor Relations Board - Board DecisionsJul 1, 1965

153 N.L.R.B. 1180 (N.L.R.B. 1965)

1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (f) Notify the Regional Director for Region 21, in writing, within 20 days from the date of the receipt of this Decision, what steps Respondents have taken to com- ply herewith.5 6In 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." APPENDIX NOTICE TO ALL MEMBERS OF INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 11, AFL-CIO, AND BUILDING TRADES COUNCIL OF LONG BEACH, AFL-CIO 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 you that: WE WILL NOT require T. A. Thornburgh, or any other person, to refuse to engage subcontractors employing District 50 personnel or in any other manner attempt to cause T. A. Thornburgh Co. to discriminate against employees in violation of Section 8 (a) (3) of the Act except as permitted by an agreement authorized by said section of the Act. WE WILL NOT in any other manner restrain or coerce employees in the exer- cise of rights guaranteed by Section 7 of the National Labor Relations Act, as amended. WE WILL reimburse John Berry, Thomas Cranford, Harvey Chubb, and David Lewis for any lost wages caused by our discrimination. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LocAL 11, AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative) (Title) BUILDING TRADES COUNCIL OF LONG BEACH, AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative) (Title) NOTE.-We will notify John Berry, Thomas Cranford, Harvey Chubb, and David Lewis if presently serving in the Armed Forces of the United States that we do not object to their full reinstatement upon application 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, 849 South Broadway, Los Angeles, California, Telephone No. 688-5204, if they have any ques- tion concerning this notice or compliance with its provisions. United Association of Journeymen & Apprentices of the Plumb- ing & Pipe Fitting Industry of the U.S. & Canada , Local No. 533, AFL-CIO (Hall Refrigeration Sales and Service ) and In- ternational Union of Operating Engineers , Locals No . 6, 6A and 6B, AFL-CIO and Hall Refrigeration Sales and Service and H. C. Beck Builders, Inc. Cases Nos. 17-CD-70, 17-CD-71, and 17-CD-72. July 1, 1965 DECISION AND DETERMINATION OF DISPUTE This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following the filing of charges under Sec- 153 NLRB No. 76. UNITED ASSOCIATION, PIPE FITTERS LOCAL 533 1181 tion 8(b) (4) (D) of the Act by International Union of Operating Engineers, Locals Nos. 6, 6A, and 6B, AFL-CIO, herein called Oper- ating Engineers, Hall Refrigeration Sales and Service, herein called Hall, and H. C. Beck Builders, Inc., herein called Beck, alleging that United Association of Journeymen & Apprentices of the Plumbing and Pipe Fitting Industry of the U.S. and Canada, Local No. 533, AFL-CIO, herein called Pipe Fitters, had induced or encouraged employees to cease work in order to force or require Hall to assign the work in dispute to members of Pipe Fitters. The order consolidating the cases and notice of 10(k) hearing was issued on February 4, 1965, and a hearing was held before Hearing Officer Robert L. Uhlig, on February 17 and 18, 1965. All parties who appeared at the hearing were afforded full opportunity to be heard, to examine and cross-exam- ine witnesses, and to adduce evidence bearing upon the issues. The rulings of the Hearing Officer made at the hearing are free from preju- dicial error and are hereby affirmed. Briefs were filed by Pipe Fitters and Operating Engineers and have been duly considered. Upon the entire record in this case, the Board makes the following findings: 1 I. THE BUSINESS OF THE EMPLOYER Hall is engaged in the installation and servicing of refrigeration equipment at Kansas City, Missouri. Since 1956 Hall has been a mem- ber of the Heating & Cooling Contractors Association, herein called Association. The Association is composed of eight employers who operate in the Kansas City, Missouri, area, and acts as the bargaining representative for its member employers. The record indicates that Association members annually purchase equipment and other products valued in excess of $50,000 from suppliers outside the State of Missouri for use in the Kansas City, Missouri, area. As it is well settled that the Board will assert jurisdiction over an employer who is a member of an association of employers whose combined operations meet the Board's jurisdictional standards, we find that Hall is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein. Siemonm Mailing Service, 122 NLRB 81, 84. II. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated, and we find, that Pipe Fitters and Operating Engineers are labor organizations within the meaning of Section 2 (5) of the Act. 1 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 [ Chairman McCulloch and Members Brown and Jenkins]. 1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD M. THE DISPUTE A. The basic facts The disputed work is the installation and servicing of certain refrig- eration equipment at the Commerce Towers Building in Kansas City, Missouri. This work was subcontracted by Beck, the general con- tractor, to Greenwoods, Inc., which in turn contracted for the work with Hall. The record indicates that on or about December 24,1964, Don Klink- enberg, a member of Operating Engineers and an employee of Hall, called George Collins, business representative of Operating Engineers, to inform him that Lanning, business agent of Pipe Fitters, was at the Commerce Towers Building site and had ordered him off the job. Col- lins went to the jobsite and was told by Eicholtz, the project engineer, that Pipe Fitters asserted that if Hall's employees remained on the job, the pipefitters would be pulled off. Collins spoke with Lanning and informed him that an oral agreement had been reached between the two unions in 1957 which placed "small" jobs (e.g., the work herein) within the jurisdiction of Operating Engineers while "large" jobs remained with Pipe Fitters. Lanning was unconvinced and ordered his steward to "shut the boiler down" and ordered a picket on the job. He also instructed members of his union working for other employers to leave their jobs. The picket sign read as follows: Hall Refrigeration does not pay the wages, hours, or working con- ditions this union has established in this area. We have no dispute with any other employer. Pipe Fitters Local 533, AFL-CIO. Shortly thereafter, Klinkenberg left the job and Lanning removed the picket. B. Contentions of the parties Operating Engineers, Hall, and Beck contend that Pipe Fitters by its walkout, threats, and picketing attempted to force Greenwoods, Inc., to cancel its contract with Hall and award the contract to a refrigeration contractor which employs members of Pipe Fitters. As to the merits of the dispute, Operating Engineers claims the disputed work on the basis of contractual relations, and past practice thereunder, as well as its certification, employer preference, and its extensive training course in refrigeration. The Pipe Fitters contends that its conduct did not violate Section 8(b) (4) (D). As to the work in dispute, Pipe Fitters contends that based on area custom and practice, and the pipefitters' special train- ing, its members should be assigned the work. UNITED ASSOCIATION, PIPE FITTERS LOCAL 533 1183 C. Applicability of the statute Before the Board may proceed with a determination of dispute pur- suant to Section 10 (k) of the Act, it must be satisfied that there is rea- sonable cause to believe that Section 8(b) (4) (D) has been violated. The record indicates that on December 24, 1964, Lanning threatened to, and did in fact, pull pipefitters off their jobs at the Commerce Tow- ers Building site because Greenwoods, Inc., did not employ a subcon- tractor with Pipe Fitter affiliations. The Pipe Fitters' claim that its sole purpose in walking out and picketing at the Commerce Towers Building was to protest Hall's substandard wages is rebutted by the testimony of Collins and Eicholtz, a history of similar disputes with Hall, and the assertion by Lanning that this work is within Pipe Fit- ters' jurisdiction. We therefore find that there is reasonable cause to believe that a violation of Section 8 (b) (4) (D) has occurred. Accord- ingly, we also find that the dispute is properly before the Board for determination under Section 10(k) of the Act. D. Merits of the dispute The record indicates that both Operating Engineers and Pipe Fit- ters perform work similar to that in dispute in the Kansas City, I1lis- souri, area, and that they both provide specialized course training in refrigeration. However, since 1956, Operating Engineers has had a collective-bargaining agreement with the Association, of which Hall 2 is a member, and, since 1957, it has been the certified bargaining repre- sentative of the employees of the Association's members engaged in the work here in dispute .3 Furthermore, Hall testified that he was satisfied with the men supplied by the Operating Engineers and that for the installation and servicing of small refrigeration units they were better trained and more efficient than pipefitters. Accordingly, on the basis of the certification, contract, efficiency, and the fact that Operating Engineers' members are sufficiently skilled to perform the work and have performed the work to the satisfaction of the Employer who desires to retain them, we shall determine the exist- ing jurisdictional dispute by awarding the work in dispute to employ- ees represented by Operating Engineers rather than to employees rep- resented by Pipe Fitters. Our present determination is limited to the particular controversy which gave rise to this proceeding .4 2 Operating Engineers has represented Hall's employees since 1952. 3 See Heating and Cooling Contractors Association , 115 NLRB 386. The unit certified consisted of "All service and installation engineers employed by the members of the Heat. ing and Cooling Contractors Association at their respective Kansas City , Missouri, and 11Kansas City, Kansas , establishment. . . . * The Operating Engineers seeks a determination applicable to the Kansas City area. However, especially in view of the reestablishing of the National Joint Board for the Settlement of Jurisdictional Disputes , we do not think it appropriate to decide now more than the specific dispute before us , leaving to the parties the settlement of other disputes which may arise. Cf. Operative Plasterers and Cement Masons, etc . ( Twin City Tale and Marble Company ), 152 NLRB 1293. 1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DETERMINATION OF DISPUTE Pursuant to Section 10 (k) of the National Labor Relations Act, as amended, and upon the basis of the foregoing findings and the entire record in this proceeding, the National Labor Relations Board hereby makes the following Determination of the Dispute: 1. Employees engaged in installing and servicing refrigeration equipment, currently represented by International Union of Operat- ing Engineers, Locals Nos. 6, 6A and 6B, AFL-CIO, are entitled to connect and service this equipment at the Commerce Towers Building, Kansas City, Missouri. 2. United Association of Journeymen & Apprentices of the Plumb- ing & Pipe Fitting Industry of the U.S. & Canada, Local No. 533, AFL-CIO, is not and has not been lawfully entitled to force or require Hall Refrigeration Sales and Service to assign to Operating Engi- neers' members the work of connecting and servicing refrigeration equipment. 3. Within 10 days from the date of this Decision and Determination of Dispute, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry of the U.S. & Canada, Local No. 533, AFL-CIO, shall notify the Regional Director for Region 17, in writ- ing, whether or not it will refrain from forcing or requiring Hall Refrigeration Sales and Service by means proscribed by Section 8 (b) (4) (D) to assign the work in dispute to its members rather than to the employees of Hall Refrigeration Sales and Service represented by Operating Engineers. Local 157, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO and Midwest Homes , Inc. Case No. 25- CD-53. July 1, 1965 DECISION AND DETERMINATION OF DISPUTE This is a proceeding under Section 10 (k) of the National Labor Relations Act, as amended, following a charge filed by Midwest Homes, Inc., herein called Midwest or the Company, alleging that Local 157, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, herein called Local 157 or Respondent, had violated Section 8 (b) (4) (D) of the Act. Pursuant to notice a hearing was held before Hearing Officer William B. Kenney on April 29, 1965. The Company, Local 157, and Local 3010, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, herein called Local 3010, appeared at the 153 NLRB No. 94.