Bricklayers Local Unions 1, 2, 3, and 6

National Labor Relations Board - Board Decisions

Apr 8, 1969

175 N.L.R.B. 264 (N.L.R.B. 1969)

264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Bricklayers Local Unions No. 1, No. 2, No. 3, and
No. 6, of Utah, of the Bricklayers , Masons, and
Plasterers International Union of America,
AFL-CIO and Mason Contractor 's Association of
Utah. Case 27-CC-267
April 8, 1969
DECISION AND ORDER
BY MEMBERS FANNING, BROWN, AND ZAGORIA
On January 24, 1969, Trial Examiner James R.
Webster issued his Decision in the above-entitled
proceeding, finding that 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 Trial Examiner's Decision. The
Trial Examiner also found that Respondents had not
engaged in certain other unfair labor practices.
Thereafter, Respondents filed exceptions to the Trial
Examiner's Decision and a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a
three-member panel.
The Board has reviewed the rulings of the Trial
Examiner made at the hearing and finds that no
prejudicial error was committed. The rulings are
hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions and brief, and
the entire record in this case, and hereby adopts the
findings, conclusions, and recommendations of the
Trial Examiner.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby adopts as its Order the
Recommended Order of the Trial Examiner and
orders that Respondents, Bricklayers Local Unions
No 1, No. 2, No. 3, and No. 6, of Utah, of the
Bricklayers, Masons, and Plasterers International
Union of America, AFL-CIO, their officers, agents,
and representatives, shall take the action set forth in
the Trial Examiner's Recommended Order.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
JAMES R WEBSTER, Trial Examiner: This case, with all
parties represented, was heard in Salt Lake City, Utah, on
November 6, 7, and 8, 1968, upon a complaint of the
General Counsel and answer of Bricklayers Local Unions
No. 1, No. 2, No 3, and No 6, of Utah, of the
Bricklayers, Masons, and Plasterers International Union
of America, AFL-CIO, herein called Respondents or
Unions or Union. The complaint was issued on June 28,
1968, with amendments issued on September 4, and
October 18, 1968; the charge on which the complaint is
based was filed on May 22, 1968. The complaint alleges
that Respondents threatened, coerced, and restrained
employers for an object of forcing or requiring said
employers to join Respondent Unions and also that
Respondents induced and encouraged employees of said
employers to strike or refuse to work for the same
objective, thereby engaging in violations of Section
8(b)(4)(i) and (ii)(A) of the National Labor Relations Act,
herein called the Act.
Briefs have been filed by the General Counsel, the
Charging Party and Respondents and they have been
carefully considered Upon the entire record and my
observation of the witnesses, I hereby make the following
FINDINGS OF FACT
I. THE BUSINESSES OF THE EMPLOYERS
Mason Contractor's Association of Utah, herein called
the Association, is an association of mason contractors
and exists for the purpose of, among other things, to act
as collective-bargaining agent for said contractors in
negotiating with labor unions
Jerry W Brailsford, an individual doing business as
Jerry Brailsford Masonry Contractors, Western States
Masonry, Inc., Child Construction Company, Harry
Rozema and Ray Austin, co-partners doing business as
Rozema and Austin, are members of the Association, and
in the operation of their businesses, annually furnish goods
and services of a combined value in excess of $50,000 to
enterprises, including Skyline Construction Company,
John DeYoung Construction Company and Jacobson
Construction Company, each of which normally furnishes
goods and services valued in excess of $50,000 at places
outside the state where said enterprise is located.
Dale Brailsford and Charles Brailsford, co-partners
doing business as Brailsford Brothers, is a member of the
Association and during the course and conduct of its
business annually furnishes goods and services valued in
excess of $50,000 to enterprises, including Jacobson
Construction Company, each of which enterprises
annually furnishes goods and services valued in excess of
$50,000 outside the state where the enterprise is located
Keven Jensen, an individual doing business as Jensen
Masonry, and Jarl Klungervik and Paul Mulliner,
co-partners doing business as masonry contractors under
the name of Mulliner & Klungervik, and LaMar Knudsen
and Michael Knudsen, co-partners doing business as
LaMar Knudsen Construction Company, are not members
of the Association, but are signatory to the current
collective bargaining agreement between Respondents and
the Association This agreement is effective from July 1,
1966 to June 30, 1971, and, as stated in its preamble, was
entered into by the Association "for and on behalf of their
members, and Contractor non-members, who are
signatories thereto". In the recognition article of the
agreement, the Union "recognized the Masonry
Contractors Association of Utah as the collective
bargaining representative of all signatory masonry
contractors", and the Contractors recognized the Union as
the sole and exclusive collective bargaining representative
of "all employees, including bricklayers, blocklayers, stone
masons, painters, cleaners, caulkers and apprentices of the
Contractors signatory hereto, excepting guards and office
employees "
175 NLRB No. 44
BRICKLAYERS LOCAL UNIONS 1, 2, 3, AND 6
LaMar Knudsen Construction Company has its
principal place of business in Salt Lake City, Utah, and it
annually furnishes goods and services valued in excess of
$50,000 to enterprises, including Skyline Construction
Co., each of which enterprises annually furnishes goods
and services valued in excess of $50,000 at places outside
the state where said enterprise is located.
I find that the Association and its members, (including
Jerry Brailsford, Child Company, Brailsford Brothers,
Western States Masonry, Inc., Rozema and Austin) and
all contractors signatory to said collective bargaining
agreement (including Jensen Masonry and Mulliner and
Klungervik) are employers engaged in commerce within
the meaning of Section 2(6) and (7) and 8(b)(4) of the
Act '
II. THE. LABOR ORGANIZATION INVOLVED
Bricklayers Local Unions No 1, No. 2, No. 3, and No.
6, of Utah, of the Bricklayers , Masons, and Plasterers
International Union of America, AFL-CIO, are labor
organizations within the meaning of Section 2(5) of the
Act
III THE ALLEGED UNFAIR LABOR PRACTICES
A Issues and Introductory Statement
The issues in this case are (1) whether Union Steward
Ernest Wilson, as agent for Respondent Local Union No
6 induced and encouraged employees of Child to engage in
a refusal to work; (2) whether agents of the various
Respondent Unions engaged in statements or conduct
constituting threats, coercion or restraint against the
various employers involved herein, and (3), if so, whether
an object of this conduct was to force or require said
employers to loin one of the Respondent Local Unions.
At some time prior to November 1967, Respondent
Unions received a directive from their International Union
that they should endeavor to secure as members all
masonry employers who work with the tools of the trade
In the November 1967 issue of the Plumbob, a publication
by the Utah Masonry Advisory Board, and supported by
Respondent Unions and the employers involved herein,
and distributed to employees and employers engaged in
masonry work in the State of Utah, Enc Thompsen,
business agent for Respondent Local Union No. 1 and a
vice president of the Utah State Conference of the
Bricklayers, Masons and Plasterers International Union,
had the following notice published
NOTICE TO ALL CONTRACTORS
The local unions have received a directive from the
International Union to this effect:
All contractors wishing to receive the services of
Union bricklayers must carry a membership in the
Brick Mason and Plasters [sic] International Union of
America if they are using the tools of the trade at any
time.
'Electrical Contractors of Troy, 116 NLRB 356, 38 LRRM 1255, Atlas
Shower Door Co , 131 NLRB 96 The complaint was amended to delete
allegations of unfair labor practices by Respondent as to LaMar Knudsen
Construction Company, but in resolving the jurisdictional issue herein,
consideration is given to the commerce data on this company as one of the
masonry contractors in the bargaining group
265
It is the intention of Local No. 1 to raise the
initiation fee from $150 to $200, effective Jan 1, 1968
Your cooperation in this matter will be greatly
appreciated.
Eric Thompsen
Following the directive from the International Union,
Thompsen consulted with the Association on the matter,
and the Association agreed to have its members become
members of the Union if they did not have to pay an
initiation fee. Respondents refused to accept this,
contending that it would be discriminatory as to other
members The Association then sought to have the matter
arbitrated, asserting that what the Union was seeking was
a violation of the contract. The Union contended that the
matter was not arbitratable under the contract.
B Child Construction Company and Jerry Brailsford
Contractors
In January or February 1968, after an arbitration
meeting between the Association and Respondents, Boyd
Child asked Eric Thompsen of Local No. I and Elwyn
Petersen, business representative of the Utah State
Conference of the Bricklayers, Masons, and Plasterers
International Union of America, why they were insisting
that the contractors join the Union.' Thompsen replied
that they had received a directive from the International
Union that the contractors who work with the tools of the
trade must join the Union and if they did not join the
Union they would not receive any men to work with them;
that if Child continued to work with the tools of the trade
and did not join the Union, he would have to do all of his
work himself
Prior to Child's conversation with Thompsen and
Petersen, he had worked with the tools of the trade and
laid brick along with his bricklayers, doing so about 60
percent of his working time, but at some time in February
1968, Child discontinued working with the tools. His
decision was predicated on his conversation with
Thompsen and Petersen, the article that had appeared in
the Plumbob and a hearsay report that another contractor
had been compelled to join the Union.
On March 22, 1968, at a meeting between the
Association and Respondents, the matter of the directive
from the International Union was discussed Thompsen
stated that the contractors by working themselves were
taking work away from the bricklayers, that union
members did not have to work with any contractor who
did not belong to the Union, and that the Union would
not furnish him with any men Child then stated that if
the Union did not furnish men, it was in reality striking
the employer. Thompsen replied that they were not going
to strike, but were just not going to furnish any men, and
the men would leave the job. Jerry Brailsford was present
on this occasion and his recollection of Thompsen's
remarks is substantially the same.'
'Thompsen testified that Petersen as a representative of the State
Conference is a representative of the local unions that are Respondents
herein , he is paid from dues checked off from each union member , and one
of his duties is to enforce the collective bargaining agreement between
Respondents and the employers involved herein I find that Petersen and
that Thompsen , as one of the vice presidents of the State Conference, are
agents of each and all of the local Unions who are Respondents herein
'Jerry Brailsford testified that after an arbitration meeting on about
April 7, 1968 Thompsen told him that he was going after Rozema and
Austin to get them to join the Union because Rozema was using the tools
occasionally In the first place, "going after them ," considered alone, does
not necessarily imply that threats, coercion or restrain will be employed
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In February 1968 Child had a job in progress at the
State Industrial School in Ogden, Utah, on which John
DeYoung Construction Company was general contractor.
Also, in this month he started another job on the Granite
School in Salt Lake City, Utah He returned to the
Industrial School project on March 28, 1968. Child told
Lawrence DeYoung, superintendent for the general
contractor, of the dispute that existed between mason
contractors and Respondents, and asked DeYoung to
make inquiry as to what would be the consequences if
Child attempted to work with the tools of the mason
trade.
While Child's employees were eating their lunch,
DeYoung went to them and in the presence of Boyd Child
inquired of Ernest Wilson, job steward for Local No. 6,
and Kurt Engman, foreman for Child and vice president
of Local No. 1, if Child could work on the job. Wilson
informed him that he could not because of union
regulations . He stated that if Child were to work with his,
tools on the job, the union men would pick up their tools-
and leave the project. DeYoung turned to the other
employees for their positions and they said, "Yes."
DeYoung asked Wilson if Child were to work on the job
and the men were to remain there, what would be the
outcome, and Wilson replied that the men would be
subject to a fine from the Union; that they had no choice
in the matter as it was strictly a union rule DeYoung
asked the amount of the fine and Wilson and Engman
indicated that it would be $100 or more.
On the following day DeYoung informed Ross Richins,
a project inspector for the Utah State Building Board, of
the results of his conversation with Wilson and Engman.
Richins went to Wilson and asked him why Child could
not use the tools of the trade. Wilson replied that it would
be against the regulations of the Union. Richins asked
what would happen if he did, and Wilson stated that he
would then have the men leave the job.
C. Meeting of April 27, 1968, with President of
International Union
On April 27, 1968, a meeting was held between the
Unions and the Association on the matter of contractors
working with the tools of the trade. Tom Murphy,
president of the International Union, and George Miller,
executive secretary for the Mason Contractor's
Association of America, were present. Murphy stated that
the Unions had the right to negotiate for the working unit,
and that if a contractor were replacing a working man, he
should either join the Union or step aside. An Association
spokesman replied that they were not replacing any man
since the contractors in the area had always been working
with the tools as part of the workforce. Murphy made no
statement as to the consequences if a contractor did work
with the tools of the trade and did not join the Union.'
And, in the second place, I cannot credit the accuracy of Brailsford's
recollection on this statement since G C Exh 10, a letter from Union
Representative Petersen dated March 18, 1968 and containing a list of
employers who have union cards or have paid initiation fees, lists Rozema
and Austin as union members
'Murphy did not testify and I credit Jerry Brailsford 's testimony on this
point Child on direct examination did not testify as to any statement of
consequences by Murphy , but on cross-examination he added that Murphy
stated the men would leave the job or go fishing if their contractor worked
with the tools of the trade , he testified that Jerry Brailsford was present
Remarks similar to this were made by Thompsen on other occasions and I
am convinced that Child inadvertently attributed them to Murphy
D. Brailsford Brothers Masonry Contractors
In the early part of April 1968, Union Representatives
Thompsen and Petersen visited a jobsite at Dixie College
at St. George, Utah, where Dale and Charles Brailsford,
were masonry contractors. Petersen stated that they would
have to join the Union or they would not have any
masons working for them. Dale Brailsford stated that he
had been in the Union at one time but took a withdrawal
when he became a contractor and did not think he should
belong to the Union He stated that he would like to have
time to think the matter over and consider it.'
In April and May 1968, the Brailsford brothers were
employed as masonry contractors on a Sports Complex
Center at the University of Utah in Salt Lake City, Utah.
Victor Christiansen, a brick mason on this project for the
Brailsford brothers , was union steward for Local No. 1.
He was informed by Union Representative Thompsen that
if the Brailsford brothers used the tools of the trade, the
Union was going to close the job or do something of that
nature, and he was instructed to observe whether they
used the tools of the trade on this project
One day on this project the employees were discussing
what they were supposed to do if the Brailsford brothers
did not join the Union; it was stated in this discussion by
one of them that they would have to go along with the
Union on the matter and go fishing if they closed the job
down.' The Brailsford brothers were present during this
discussion , and Christiansen turned and asked them if
they were thinking about joining the Union. Dale
Brailsford replied that they had not decided.
On about May 15 or 16, 1968, Thompsen came to the
Sports Complex jobsite and told Dale Brailsford in words
to the effect that he would have to join the Union right
now, or the Union would take action. Dale Brailsford
stated that he was reading plans and was not working with
tools Thompsen stated that although Brailsford was on
the job as a foreman or was using a tape or a level, he
was working with the tools, and would have to join the
Union or the Union would take action Dale then asked
what he meant by taking action and if this meant that the
Union would picket the job. Thompsen replied, "No, let's
don't put it that way; let's put it this way: you just may
not have any masons working for you; they will be gone
fishing." Thompsen then started talking with the steward
on the job and Dale Brailsford went to tell his brother of
this conversation with Thompsen. The Brailsford brothers
decided to leave the job and talk the matter over, which
they did. A short time later that day they returned to the
job; Thompsen was not there but the steward, Victor
Christiansen, asked them if they were going to join the
Union. Dale Brailsford replied that he would like to have
time to check his rights on the matter Christiansen stated
he definitely did not want to be fined and the other man
did not want to be fined, and that he did not want to have
to go fishing; that they did not have the money to lay off
to go fishing. By this statement he is saying that if the
Brailsford brothers do not join the Union, this is what will
occur. I find that Christiansen, as steward for Local No. 1
on this project, made these statements within the scope of
'Petersen denies the conversation but the conversation as related by Dale
Brailsford is consistent with other conversations had by Thompsen and
Petersen where Thompsen was principal spokesman , and I find that it did
occur.
`Christiansen did not testify as to who made this statement , and also the
complaint does not allege that he or a Respondent induced and encouraged
employees of Brailsford Brothers in violation of Section 8(b)(4)(i) of the
Act
BRICKLAYERS LOCAL UNIONS 1, 2, 3, AND 6 267
his authority as agent for that Union. The Brailsford
brothers then appointed bricklayer David Green as mason
foreman and he did the supervising for the Brailsford
brothers on this fob.'
In the early part of June 1968, three jobs of the
Brailsford brothers were shut down by the Union for 2
hours, and the Union gave as reason therefor the lateness
of this Company's reports and payments on health and
welfare benefits. Two other masonry contractors, LaMar
Knudsen and Lynn Allen Company were also shut down
for the same reason. The health and welfare payments are
due on the 15th of each month for wages paid in the prior
month, and the Brailsford brothers had been late
repeatedly in the filing of their reports. Other employers
had also been late, and in May 1968 Union
Representative Petersen sent a letter to all signatory
mason contractors about the matter inferring the
possibility of a shutdown because of delinquency of these
payments. Brailsford's June payment, due June 15 on
wages paid in May, was timely paid.
In view of repeated delinquencies in the filing of these
reports by Brailsford brothers, I cannot find that the
delinquencies were a pretext and that the real reason for
the shutdown was the failure of the Brailsford brothers to
join the Union
E. Jensen Masonry
In February 1968, Jensen was engaged in masonry
work on the science building at the College of Eastern
Utah in Price, Utah. Petersen went to Price to see Jensen
regarding a surety bond that he had not posted as
required by the collective bargaining agreement. Jensen
became signatory to this agreement at some time before
he commenced this job. Petersen did not find Jensen on
the project but saw him and his brother in another part of
the city. He asked Jensen about the bond and Jensen
replied that he had contacted a bonding concern and was
in the process of trying to get the bond. Petersen made no
statement to Jensen on this occasion about his union
membership.
In April 1968, Thompsen visited Jensen at the College
of Eastern Utah jobsite regarding the surety bond and
about his union membership. He asked Jensen about
taking out a union card and Jensen replied that the
Association was having a meeting on the matter and he
was going to wait for the outcome of the meeting before
taking out a card. Thompson told Jensen that he had been
fined $50 for having failed to post the surety bond; that
under the circumstances the contract was invalid and he
could not furnish him with men and unless Jensen got
squared away he would refuse to furnish him men and
would notify the general contractors and Jensen would be
unable to get more work. At the time, Jensen and his
brother were working without employees.
I cannot credit significant portions of Jensen's
testimony. I am convinced that he has confused what
transpired with reference to the surety bond with what
transpired with reference to his union membership. He
attributed statements to Petersen and Thompsen that the
'Thompsen denied some of the more significant statements attributed to
him by Dale Brailsford , but I discredit his denial On cross-examination,
Thompsen at first denied that he had ever told employers that the union
members might , of their own volition, leave the job because of union
by-laws which state that they cannot work with nonunion bricklayers, but
when confronted with this statement in an affidavit given to a Board agent,
he acknowledged that it was mentioned at meetings with employers but not
at jobsites
Union would put him out of business and would close his
job down if he did not join the Union; these statements
are sufficiently dissimilar to the pattern of statements
made by Thompsen and Petersen while soliciting other
contractors to become union members, that I do not find
that they were made with reference to union membership
F Mulliner & Klungervik
In the fall of 1967 the partnership of Mulliner and
Klungervik became signatory to the collective bargaining
agreement negotiated between the Association and the
Union Mulliner is a member of the Union and
Klungervik is not. In February 1968, while this
partnership was engaged in masonry work for General
Contractor Joseph Howa, Thompsen and Petersen came
to the project to solicit the union membership of one of
the partnership's employees, who had dropped his
membership While there they also sought Klungervik's
union membership Thompsen told him that if he were not
a card holder he would not be allowed to work with the
tools of the trade. Klungervik agreed to sign a
membership application form and later that day Petersen
returned with such a form and Klungervik signed it, with
payment of initiation fee being postponed to a later date.
The form was inadvertently dated January 10, 1968 rather
than February 10, 1968
Klungervik was obviously confused as to statements
made at the time he signed the collective-bargaining
agreement and statements made to him in soliciting his
union membership. He testified that he signed two
documents; that he signed the master agreement in
February, and that it could be that he signed the
membership application form sometime later than that
date; that he was encouraged by General Contractor
Howa to sign the master agreement Under the
circumstances I cannot find that statements he attributes
to Thompsen to induce him to join the Union were in fact
made to him on this matter rather than to induce him to
sign the collective-bargaining agreement; this is
particularly so in view of the fact that statements allegedly
made to induce his union membership - that if he did
not sign up, Thompsen would pull his men and could have
a picket on the job within half an hour - are dissimilar
to those made by Thompsen to other contractors in
connection with their union membership, and are denied
by Thompsen.
G. Conclusions as to Respondents' Conduct Toward
Association Members
Respondents are seeking to draw a distinction between
employers who engage in the production work of a
rank-and-file brick mason and employers who engage in
supervision only, since it is only those in the former
category that they are seeking as members. But, Section
8(b)(4)(A) specifically includes, not only employers, but
self-employed persons; and a brick mason contractor who
works with the tools of the trade - whatever tools or
activities this may include or exclude - either with his
employees or alone, falls within these provisions
I find that (1) by statements of Union Representative
Thompsen to Boyd Child in January or February 1968,
that the masonry employers would not receive any men to
work for them and would have to do their own work if
they did not join the Union, (2) by statements of
Thompsen on March 22, 1968, to Boyd Child and Jerry
Brailsford that the Union would not furnish men and that
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the men would leave the job if they did not join the
Union, (3) by statements of Union Representative
Petersen in April 1968, to Dale and Charles Brailsford
that they would have to join the Union or they would not
have any masons working for them; (4) by statements of
Thompsen in May 1968, to Dale Brailsford that he would
have to join the Union at that time or the Union would
take action; that he would not have any masons working
for him; that they would be fishing, and (5) by statements
on the same occasion by Union Steward Christiansen to
Dale Brailsford that the men did not want to be fined or
go fishing Respondents have threatened, coerced and
restrained Child Construction Company, Jerry Brailsford
Masonry Contractors, Brailsford Brothers Company and
the Mason Contractor's Association of Utah for an object
of forcing or requiring said employers and all
employer-members of the Association and all signatory
contractors to join the Union.'
As to alleged illegal statements made to Jensen and
Klungervik, the evidence is insufficient to sustain such
allegations
I find that by statements made on March 28, 1968, by
Union Steward Ernest Wilson to Lawrence DeYoung in
the presence of Boyd Child and his masonry employees
that if Child did not join the Union and worked with the
tools of the masonry trade the union men would pick up
their tools and leave the project, and that they would be
fined if they remained on the job while Child was there
working with the tools of the trade, Respondent Local
No 6 thereby induced and encouraged individuals
employed by Child to engage in a strike or refusal to
perform any service for Child if he should work with the
tools of the masonry trade without joining the Union, and
thereby threatened, coerced and restrained Child for an
object of forcing or requiring Child to join the Union.
IV THE EFFECTS OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent Unions set forth in section
III, occurring in connection with the business operations
of the employers as set forth in section 1, have a close,
intimate, and substantial relation to trade, traffic, and
commerce among the several States and tend to lead to
labor disputes, burdening commerce and the free flow of
commerce.
Upon the basis of the foregoing findings of fact and
upon the entire record in this case, I make the following-
CONCLUSIONS OF LAW
1. The Association, and its members (including Jerry
Brailsford, Child Company, Brailsford Brothers, Western
States Masonry, Inc , Rozema and Austin), and all
contractors signatory to said collective-bargaining
agreement (including Jensen Masonry and Mulliner and
Klungervik), are employers engaged in commerce within
the meaning of Section 2(6) and (7) and 8(b)(4) of the
Act.
2. By threatening masonry contractors that their
masons would leave the job, that Respondents would not
furnish any workmen, and that their employees would be
fined if said employers worked with the tools of the
'Although the complaint does not name Christiansen as a perpetrator of
an unfair labor practice on behalf of a Respondent , his conduct is
encompassed within paragraphs Vi (a) and (c) of the complaint and his
conduct found herein was fully litigated
mason trade and did not join the Union, for an object of
forcing or requiring said employers or self-employed
persons to join the Union, Respondents have thereby
engaged in unfair labor practices in violation of Section
8(b)(4)(ii)(A) of the Act.
3. By inducing and encouraging individuals employed
by Child Construction Company to engage in a strike or a
refusal to perform any services, for an object of forcing or
requiring said employer to join the Union, Respondent
Local No 6 has engaged in an unfair labor practice in
violation of Section 8(b)(4)(i) and (u)(A) of the Act.
4 The aforesaid unfair labor practices affect commerce
within the meaning of Section 2(6) and (7) of the Act.
TilE REMEDY
Having found that Respondents have engaged in certain
unfair labor practices, I shall recommend that they cease
and desist therefrom and that they take certain affirmative
action which is necessary to effectuate the purposes of the
Act
Upon the basis of the foregoing findings of fact and
conclusions of law, and the entire record herein, I
recommend that, pursuant to Section 10(c) of the Act, the
Board issue the following
ORDER
A. Bricklayers Local Unions No. 1, No. 2, and No 3,
of Utah, of the Bricklayers , Masons, Plasterers
International Union of America , AFL-CIO, their officers,
agents, and representatives , shall-
1. Cease and desist from threatening masonry
contractors for whom the Association is the bargaining
representative, or any person engaged in commerce or in
an industry affecting commerce , that their masons would
leave their jobs, that Respondents would not furnish any
workmen , and/or that their employees would be fined if
said employer or person worked with the tools of the
trade and did not join the Union , where an object thereof
is to force or require any said employer or self-employed
person to join the Union.
2 Take the following affirmative action designed to
effectuate the policies of the Act
(a) Post at their offices and meeting places copies of the
attached notice marked " Appendix A."' Copies of said
notice, on forms provided by the Regional Director for
Region 27 of the Board , shall, after being duly signed by
an authorized representative of Respondents, be posted
immediately upon receipt thereof, and be maintained by
them for 60 consecutive days thereafter , in conspicuous
places, including all places where notices to members are
customarily posted. Reasonable steps shall be taken by the
Respondents to insure that said notices are not altered,
defaced , or covered by any other material
(b) Notify the Regional Director for Region 27, in
writing, within 20 days from the date of receipt of this
Decision, what steps Respondent has taken to comply
herewith.'"
'In the event that this Recommended Order is adopted by the Board, the
words "a Decision 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 "
'"In the event that this Recommended Order is adopted by the Board,
this provision shall be modified to read "Notify the Regional Director for
BRICKLAYERS LOCAL UNIONS 1, 2, 3, AND 6
B. Bricklayers Local Union No 6 of Utah, of the
Bricklayers, Masons, and Plasterers International Union
of America, AFL-CIO, its officers, agents,
representatives, shall,
1. Cease and desist from
(a) Threatening masonry contractors for whom the
Association is the bargaining representative, or any person
engaged in commerce or in an industry affecting
commerce, that their masons would leave their jobs, that
Respondents would not furnish any workmen, and/or that
their employees would be fined if said employer or person
worked with the tools of the mason trade and did not join
the Union, where an object thereof is to force or require
any said employer or self-employed person to join the
Union
(b) Inducing and encouraging individuals employed by
Child Construction Company, or by any person engaged
in commerce or in an industry affecting commerce, to
engage in a strike or a refusal in the course of his
employment to use, manufacture, process, transport, or
otherwise handle or work on any goods, articles,
materials, or commodities or to perform any services, for
an object of forcing or requiring any employer or
self-employed person to loin the Union.
2. Take the following affirmative action designed to
effectuate the policies of the Act
(a) Post at its office and meeting places copies of the
attached notice marked "Appendix B."" Copies of said
notice, on forms provided by the Regional Director for
Region 27 of the Board, shall, after being duly signed by
an authonzed representative of Respondent, be posted
immediately upon receipt thereof, and be 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 by the
Respondent to insure that said notices are not altered,
defaced, or covered by any other materials.
(b) Notify the Regional Director for Region 27, in
writing, within 20 days from the date of receipt of this
Decision, what steps Respondent has taken to comply
herewith ' 2
Region 27 , in writing, within 10 days from the date of this Order, what
steps it has taken to comply herewith
"Fn 9, supra
"Fn 10, supra
APPENDIX A
NOTICE TO ALL MEMBERS OF BRICKLAYERS LOCAL
UNIONS No 1, No. 2, No 3, OF UTAH, OF THE
BRICKLAYERS, MASONS, AND PLASTERERS
INTERNATIONAL UNION OF AMERICA, 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
Relations Act, as amended , we hereby notify you that
WE WILL NOT threaten employers for whom the
Mason Contractor ' s Association of Utah is bargaining
representative , or any person engaged in interstate
commerce or in an industry affecting interstate
commerce , that their masons would leave their jobs or
that we will not furnish them with workmen or that
their employees would be fined , if said employer or
person worked with the tools of the mason trade and
did not join a Bricklayers Union , where an object is to
269
force or require said employer or person to join such
union.
Dated By
BRICKLAYERS LOCAL
UNIONS NO. 1, NO. 2, NO
3, OF UTAH, OF THE
BRICKLAYERS , MASONS,
AND PLASTERERS
INTERNATIONAL UNION
OF AMERICA, AFL-CIO
(Labor Organization)
(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.
If members have any question concerning this notice or
compliance with its provisions they may communicate
directly with the Board's Regional Office, 260 New
Custom House, 721-19th Street, Denver, Colorado
80202, Telephone 297-3551.
APPENDIX B
NOTICE TO ALL MEMBERS OF BRICKLAYERS LOCAL
UNIONS NO 6, OF UTAH, OF THE BRICKLAYERS,
MASONS, AND PLASTERERS INTERNATIONAL UNION OF
AMERICA, 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
Relations Act, as amended, we hereby notify you that.
WE WILL NOT threaten employers for whom the
Mason Contractor's Association of Utah is bargaining
representative, or any person engaged in interstate
commerce or in an industry affecting interstate
commerce, that their masons would leave their jobs or
that we will not furnish them with workmen or that
their employees would be fined, if said employer or
person worked with the tools of the mason trade and
did not join a Bricklayers Union, where an object is to
force or require said employer or person to join such
union.
WE WILL NOT induce and encourage individuals
employed by Child Construction Company, or by any
person engaged in interstate commerce or in an
industry affecting interstate commerce, to engage in a
stnke or a refusal in the course of his employment to
use, manufacture, process, transport, or otherwise
handle or work on any goods, articles, materials, or
commodities or to perform any services, for an object
of forcing or requiring said employer or person to join
a Bricklayers Union.
BRICKLAYERS LOCAL
UNIONS NO. 6, OF UTAH,
OF THE BRICKLAYERS,
MASONS, AND
PLASTERERS
INTERNATIONAL UNION
OF AMERICA, 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,
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
defaced , or covered by any other material. directly with the Board's Regional Office, 260 New
If members have any question concerning this notice or Custom House, 721-19th Street, Denver, Colorado, 80202,
compliance with its provisions they may communicate Telephone 297-3551.