Bricklayers' & Stone Masons' Union

National Labor Relations Board - Board Decisions

Oct 28, 1971

193 N.L.R.B. 1002 (N.L.R.B. 1971)

1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Bricklayers' & Stone Masons' Union, Local No. 8
Bricklayers , Masons & Plasterers ' International
Union of America , AFL-CIO and Western Mono-
lithics Concrete Products, Inc., d/b/a California
Concrete Systems and Joseph J. Bartaldo, sole
proprieter, d/b/a West Valley Masonry Company,
Party to the Contract. Cases 20-CC-818 and
20-CE-58
October 28, 1971
SUPPLEMENTAL DECISION AND
AMENDED ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING, JENKINS, AND KENNEDY
On December 12, 1969, the National Labor Rela-
tions Board issued a Decision and Order in the above-
entitled proceeding,' finding, inter alia, that Respon-
dent did not violate Section 8(b)(4)(B) by threatening
to picket Besco . In the Board's view, Besco was the
primary employer and thus subject to picketing by the
Union. Accordingly, the Board dismissed the com-
plaint insofar as it alleged a violation of Section
8(b)(4)(B) with regard to Besco. Subsequently, the
Charging Party, California Concrete Systems, filed
with the United States Court of Appeals for the Ninth
Circuit a petition to review the part of the Board's
Order which dismissed the complaint with regard to
Besco.
t 180 NLRB No 3
s Western Monolithics Concrete Products, Inc, d/b/a California Concrete
Thereafter, on July 21, 1971, the court handed down
its decision in which it granted the petition to review
and set aside the Board's dismissal of the complaint
with respect to the Union's threat to picket Besco on
the ground that, in threatening to picket Besco, the
Union unlawfully extended the controversy to a
protected neutral employer.2
The Board, having accepted the court's decision for
the purposes of this proceeding, hereby enters an
amended order with respect to the threat to picket
Besco.
IT IS HEREBY ORDERED that the Board's Order in this
proceeding be, and it hereby is, amended, by adding
the following as paragraph 1(c) of the Order:
Threatening, coercing, or restraining Besco, or any
other person engaged in commerce, where an
object thereof is to force or require said Company
or any other person to cease using, selling,
handling, or dealing in the products of, or to cease
doing business with, California Concrete Systems.
Add the following as the third indented paragraph
in the notice attached as an appendix to the original
Order:
WE WILL NOT threaten, coerce, or restrain
Besco, or any other person engaged in commerce,
where an object thereof is to force or require said
Company or any other person to cease using,
selling, handling, or dealing in the products of, or
to cease doing business with, California Concrete
Systems.
Systems v N L R B, 446 F.2d 522 (C A. 9, July 21, 1971)
193 NLRB No. 158