Construction Labor Union No. 405, Etc.

National Labor Relations Board - Board Decisions

Nov 30, 1964

149 N.L.R.B. 1158 (N.L.R.B. 1964)

1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Construction Labor Union No. 405 and Joseph Cooley, Business
Agent; and Plumbers and Steamfitters Union No. 556 and
Kirckof Plumbing and Heating Co. Case No. 18-CC-149. No-
vember 30, 1964
DECISION AND ORDER
On July 17, 1964, Trial Examiner Jerry B. Stone issued his Deci-
sion in the above-entitled proceeding, finding that the 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 Exam-
iner's Decision. Thereafter the Respondents filed exceptions to the
Trial Examiner's Decision.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman McCulloch and Mem-
bers Leedom and Brown].
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
entire record in the case, including the Trial Examiner's Decision and
the Respondent's exceptions thereto, 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 Order recommended by the Trial Examiner and orders
that the Respondents, their officers, agents, representatives, succes-
sors, and assigns, shall take the action set forth in the Trial Exam-
iner's Recommended Order.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
Upon a charge filed on November 15, 1963, by Kirckof Plumbing and Heating Co.
(herein sometimes called the Charging Party or Kirckof Plumbing ), the General
Counsel of the National Labor Relations Board , by the Regional Director for
Region 18 (Minneapolis , Minnesota ), issued a complaint dated December 18, 1963,
against Construction Labor Union No. 405 and Joseph Cooley, Business Agent, and
Plumbers and Steamfitters Union No. 556. The Respondents ' answer, as amended
at the hearing admits many of the facts but denies certain commerce allegations and
denies the commission of unfair labor practices.
Pursuant to appropriate notice, a hearing was held before Trial Examiner Jerry B.
Stone at Rochester, Minnesota , on February 13, 1964. All parties were represented
at the hearing, participated therein, and were afforded the right to present evidence,
to examine and cross -examine witnesses , to offer oral argument , and to file briefs.
Briefs were filed by the General Counsel and Respondents and have been considered.
149 NLRB No. 105.
CONSTRUCTION LABOR UNION NO. 405, ETC. 1159
The issues involve whether the picketing and related conduct of Respondents was
illegal as to its direction beyond the primary employer (Century Construction
Company).
Upon the entire record in this case, and from my observation of the witnesses, the
following findings of fact, conclusions of law, and recommendations are made.'
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER INVOLVED
The facts pertaining to the business of the employers involved are based upon a
composite of Respondents ' admission as to certain facts relating to Century Con-
struction Co. (herein sometimes called Century) and the credited uncontradicted
testimony of Bjork, Anderson, and Kirckof.
Century '
Morris L. Bjork, doing business as Century Construction Co., located at Preston,
Minnesota , is engaged in the general building construction business . Century, during
1963, had a contract with Independent School District 534 of Stewartville, Minnesota,2
to perform certain construction work at the Stewartville Elementary School in Stew-
artville, Minnesota. Century commenced work in performance of the contract and
is supposed to complete its work by September 1, 1964. For the aforementioned
contract job Century made purchases in the amount of $9,178.17 of structural steel
and mesh, and made purchases in the amount of $9,640 of millwork. All of the
materials included in the aforementioned purchases originated outside of the State
of Minnesota. For the same aforementioned contract job Century purchased ceramic
tile in the amount of $3,345.80 from Sioux City Brick and Tile Company, Sioux City,
Iowa.
Century's contract required it to do its work in such a way that the timing of the
other contractors' work was not prejudiced.
Century, Kirckof Plumbing, and Austin Electric Service, Inc. (herein sometimes
called Austin), each had independent contracts with the School District for the work
to be performed by each.3
Austin
Austin Electric Service, Inc., located at Austin, Minnesota, is engaged in the busi-
ness of electrical contracting. During 1963, it had a contract with the School District
to perform certain work on the Stewartville Elementary School addition.4 Austin
in 1963 made purchases for said contract performance of materials in total dollar
amount of $24,409.89. The aforedescribed materials originated outside the State of
Minnesota.
Kirckof Plumbing
Kirckof Plumbing has its principal place of business in Rochester, Minnesota, and
is engaged in plumbing and heating contracting . During its fiscal year ending Sep-
tember 30, 1963, Kirckof Plumbing performed plumbing and heating services pur-
suant to contracts valued in dollar amount of $460,000, at locations outside the State
of Minnesota. Kiickof Plumbing had a contract with the School District in 1963 to
do plumbing, heating, and ventilation work on the new addition to the Stewartville
Elementary School at Stewartville, Minnesota. Kirckof Plumbing purchased for the
aforesaid Stewartville Elementary School job materials from outside the State of
Minnesota of total dollar value in the amount of $25,937.
The instant case involves the building and construction of the Stewartville Elemen-
tary School addition and concerns a question of union direction of its picketing
beyond the primary employer. In such cases, concerning violations of Section
8(b)(4) of the Act, the Board for jurisdictional purposes considers the commerce
facts connected with the site involved. It appears reasonable from the foregoing
facts to conclude, and I so conclude and find, that Kirckof Plumbing, Austin, and
Century made purchases of materials originating outside the State of Minnesota
within a 1-year period for the Stewartville Elementary School addition, which totaled
1 All credibility resolutions made with respect to the witnesses' testimony are based on
a composite evaluation of witness demeanor and logical consistency of the evidence.
2 Herein sometimes called the School District.
2 The Respondents' brief so asserts also.
4 Located at Stewartville, Minnesota The same addition that Century and Kirckof
Plumbing had contracts for work performance
1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to an amount in excess of $50,000. I therefore conclude and find that Kirckof
Plumbing, Austin , and Century are engaged in commerce and in an industry affecting
commerce within the meaning of Sections 2(2), (6), and (7) and 8 ( b)(4(i) and
(ii) of the Act.5
H. THE LABOR ORGANIZATIONS INVOLVED ; AGENTS OF SAID LABOR ORGANIZATIONS
The facts pertaining to the labor organizations involved are based upon a compos-
ite of stipulations by the parties and the credited uncontradicted testmiony of Cooley,
Fitzgerald , and Nolan.
Construction Labor Union No. 405 (herein sometimes called Laborers Union)
constitutes a labor organization within the meaning of Section 2(5) of the Act.
Plumbers and Steamfitters Union No. 556 ( herein sometimes called Plumbers
Union ) constitutes a labor organization within the meaning of Section 2 ( 5) of the Act.
Joseph Cooley is, and has been at all times material herein, business representative
and agent acting on behalf (within the meaning of Section 2(13) of the Act) of Con-
struction Labor Union No. 405.
J. J. Fitzgerald is, and has been at all times material , business representative and
agent acting on behalf ( within the meaning of Section 2 ( 13) of the Act ) of Plumbers
and Steamfitters Union No. 556.
Paddy Nolan is, and has been at all times material, a duly designated picket and
agent acting on behalf (within the meaning of Section 2(13) of the Act) of Con-
struction Labor Union No. 405.
III. THE UNFAIR LABOR PRACTICES
A. The labor dispute
The facts pertaining to "the labor dispute " are not disputed and are based upon a
composite of admissions in Respondents ' pleadings and the credited uncontradicted
testimony of Cooley, Fitzgerald , and Anderson.
Independent School District No. 534, Stewartville , Minnesota , sometime around
or prior to July 1, 1963, entered into individual contracts with Century , Kirckof
Plumbing, and Austin for the construction of an addition to the Stewartville Elemen-
tary School, Stewartville , Minnesota . Thereafter , Century around July 1, 1963,
Kirckof Plumbing around July 1, 1963 , and Austin around August 1, 1963, com-
menced work on said construction pursuant to their contracts.
At the time in July 1963 that Century commenced work on the Stewartville Elemen-
tary School addition (herein sometimes called the jobsite ) Century did not recognize
any labor organization as a representative of its employees at this jobsite and had not
so recognized a labor organization as of February 13, 1964 . At no time relevant
to this proceeding has Construction Labor Union No. 405 been certified by the
National Relations Board as the exclusive bargaining representative of the employees
of Century.
At all times material herein , commencing around July 3, 1963, Construction Labor
Union No. 405 and its agent , Joseph Cooley , have been engaged in a labor dispute
with Century , and has not been engaged in a labor dispute with Kirckof Plumbing
or Austin.
The only labor dispute involved in this proceeding is the labor dispute between
Construction Labor Union No. 405 and Century. There is no contention or evidence
to reveal that Plumbers Union No. 556 or International Brotherhood of Electrical
Workers Union 6 represents the employees of Century or that either of these two
unions has a dispute (with regard to the incidents reported herein) with Century,
Austin , or Kirckof Plumbing 7
Sometime after July 1, 1963 , and prior to September 1963 Plumbers and Steam-
fitters Union No. 556 was on strike against Kirckof Plumbing and the latter 's employ-
5International Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of
America, General Drivers and Helpers Local No. 544 , etc. (McAllister Transfer, Inc.),
110 NLRB 1769 ; Marie T. Reilly , d/b/a Reilly Cartage Company, 110 NLRB 1742; Com-
mission House Drivers, Helpers , and Employees Local No 400 , etc. (Euclid Foods, Incorpo-
rated ), 118 NLRB 130 ; Siemons Mailing Service, 122 NLRB 81.
0 Collective-bargaining representative of Austin 's employees.
7 Excepting to the extent that involvement on behalf of Construction Labor Union
No. 405 may constitute a dispute . The above-referred-to unions are affiliated with
Rochester Building Construction Trades Council Kirckof Plumbing is associated with a
Plumbers Employee Association There is no contention that there is a dispute between
the Trades Council and the Employee Association.
CONSTRUCTION LABOR UNION NO. 405, ETC. 1161
ees did not work. A bargaining agreement was executed between Kirckof Plumbing
and Plumbers and Steamfitters Union No. 556 around September 1, 1963. There-
after the employees of Kirckof Plumbing resumed working. Plumbers and Steam-
fitters Union No. 556's Business Representative Fitzgerald credibly testified to the
effect that as to the incidents involved herein Plumbers and Steamfitters Union No.
556 did not have a labor dispute with Kirckof Plumbing.
B. The commencement of picketing
Around July 1, 1963, Business Representative Cooley (of Construction Labor
Union No 405) visited the jobsite and ascertained from a person named "Schultz,"
who purported to be a foreman for Century, that the Company had never observed
union working conditions nor paid union wages on the job, and that the foreman
did not think the Company would do so on the instant job. Thereafter, on July 3,
1963, Construction Labor Union No. 405, operating on its understanding that the
Company declined to recognize any union,8 commenced picketing the jobsite with a
picket banner which read as follows: "Century Construction Company refuses to
pay union wages or observe union working conditions. Construction Laborers'
Local 405."
There is no contention that any employees of Austin, Century, or Kirckof Plumbing
failed or refused to cross the picket line while this banner was used between July 3
and October 1, 1963. In fact, when working, the employees of the employers referred
to above did cross the picket line until the picket banner was changed on Octo-
ber 1, 1963.
C. The location of the jobsite 9
The location of the proposed addition to the Stewartville Elementary School was
such that employees of the various contractors working on the addition could report
to work (1) by entering the school property from a street running along the eastern
property line of the school property, (2) by entering from a street running along the
southern property line of the school property, (3) by entering from a street northwest
of the school across a football field located to the north and west of the proposed
addition, and (4) by walking north (from the street located south of the addition)
along the edge of adjacent property (where excavated dirt was piled) and entering the
school property from the west.
It appears that equipment and trucks could enter the school property from the
northwest by crossing a football field, from the east from a street, and from the
south from a street. Because of the excavated dirt located to the west of the school,
trucks and equipment could not enter from that direction.10
In actuality the employees of the various contractors appear to have mainly entered
the school property from a spot adjacent to a contractor's shed located on the
boundary of the street south of the school. It is clear that at times some of the
employees entered at various points along the southern or eastern boundaries of the
school property. I find no reason to doubt that some employees may have entered
from the northwest corner of the school property by crossing the football field located
at that point.
D. The pickets; instructions 11
The first picket utilized by the Construction Labor Union No. 405 was a man
named Murphy. Sometime around September 1, 1963, the Laborers Union changed
Biased on a composite of stipulations and Cooley's credited testimony Cooley set forth
in his sworn affidavit of October 1, 1963, in effect that the picketing was because Bork
(Century) declined to recognize any union. Although Cooley is a delegate to the Rochester
Building and Construction Trades Council, I do not find that' Cooley's affidavit is suffi-
cient evidence upon which I should base a finding that the Trades Council had demanded
recognition from Century and that Century had declined recognition of the Trades
Council Cooley testified that this part of his affidavit was based upon hearsay and the
further evidence did not clarify the point. Cooley's affidavit, however, in effect reveals
that his reason for the picketing was that he believed that Bjork (Century) had declined
to recognize any union
6 Based upon a composite of the credited testimony of Becker, Kirckof, Lichty, and
Nolan Much of the testimony of these witnesses was in connection with an illustrative
exhibit (Respondent's Exhibit No. 2). See Appendix C which is based on a composite of
the credited testimony and Respondent's Exhibit No. 2
10 As indicated, employees could have entered the school property from the west. Such
entry would appear difficult, however
u Based upon a composite of the credited testimony of Cooley and Nolan.
1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pickets and thereafter the picketing was done by Paddy Nolan until the entry of an
injunction on December 31, 1963. Nolan was not an employee of Century. Nolan's
instruction from Cooley (the Laborers Union) was to walk around where necessary
to picket the job, not to talk to anyone, and not to interfere with anyone.
E. The picketing 12
Century, during the same time that it engaged in work at the Stewartville School
site, also was working on a job at the Zion Lutheran Church located six or seven
blocks from the school site. There is no contention that the Zion Lutheran Church
job was ever picketed or that Century was picketed at its principal place of business
in Preston, Minnesota. Bjork's (Century) credited testimony reveals that none of
his employees refused to cross the picket line or refused to work at the Stewartville
jobsite.
The picketing by the Laborers Union's picket, Nolan, was mainly at the point 13
to the south of the school where most of the employees, equipment, and trucks
entered. The picket, however, also at intervals walked along the eastern, southern,
and western border (where the excavated dirt was located) in order to see where
equipment or materials were being hauled in. The pickets thus could see if entry
was being made from any area to the school property, and if entry was being made
from the northwest, the picket could by car or foot proceed around the streets adja-
cent to the school to such an area for picketing. Century worked 51/2 days a week
and the picketing was during such time period.
Bjork, Kirckof, Becker and Myhre credibly testified that on the occasions that
they saw the union picket, excepting for the November 30, 1963, incident, he was
at the point of entry 14 to the south of the school and close to the contractor's shed.
Nolan, the picket, admitted that on one occasion when an agent for the National
Labor Relations Board visited the site, his picket sign was against his car (parked
on the street south of the school) some distance from him. Nolan's testimony was
to the effect that he picketed to the east, south, and west of the school in such a man-
ner that he could go to where he desired to picket if someone tried to enter the
property.
F. Cooley's letter to Century Construction relating to the purpose of the picketing
On July 18, 1963, Construction Laborers Local 405's Business Agent Cooley
wrote Century Construction Company a letter setting forth the following:
After determining that you were not paying union scale to laborers working
on your job our union placed a banner outside of your Stewartville job so indi-
cating. So that there may be no misunderstanding the sole purpose of this
banner is to advertise this fact and not to force you to force your employees to
join our union as you now claim. If you would agree to observe union laborers'
scale and working conditions we would remove the banner at once. If anyone
has brought pressure of any kind on you to force your employees to join the
union please show them this letter or inform me and I will be glad to cooperate
with you in any way I can to put a stop to it.
Our union has worked hard to get a living wage for its area members who
work only a short season. We earnestly hope that you will see clear to observing
these wages and thus protect the standard of living our workers have achieved.
G. The Union's demand for recognition from Century Construction 15
Sometime prior to September 29, 1963, various employees of Century (including
Ramaker, Lingbeck, and Lichty) had signed cards with the Laborers Union.
" Based upon a composite of the credited testimony of Nolan, Bjork , Kirckof, Becker,
Lichty, and Myhre.
is Close to the contractor 's shed.
14 There is no fence around the school property . The term "entry " is used to describe
the place of entry.
w Based on a composite of the credited testimony of Bjork, Cooley , Ferguson , LaDue,
Lichty, and Ramaker To the extent that Bjork's testimony to the effect that he did not
recall Cooley 's statement relating to possible firings and the filing of charges might be
construed a denial, it is not so evaluated , and if so intended I discredit it. I am con-
vinced, however , that his testimony was not intended by him to be a denial that Cooley
referred to possible firings.
CONSTRUCTION LABOR UNION NO. 405, ETC. 1163
On September 30, 1963, Laborers' Union Business Agent Cooley saw Bjork (Cen-
tury) at the Zion Church jobsite and told him that Construction Laborers Union No.
405 represented the laborers and wanted to discuss wages and a contract. Bjork
told Cooley that he had nothing to discuss. Cooley then told Bjork that they would
have to call in a labor conciliator. Bjork told Cooley to call the conciliator in.
Cooley then told Bjork that if any of "these boys" are fired or laid off now he (Cooley)
would file unfair labor practice charges. Bjork stated to Cooley, "There has been
nobody laid off or fired at this time, has there?" and Cooley replied, "I guess not."
Later that day Bjork (Century) laid off Ramaker, Lichty, and Lingbeck.16 The
reason given to Ramaker and Lingbeck for their layoffs was shortage of materials.
Lichty and Ramaker credibly testified to the effect that based upon their observation
it was their opinion that a material shortage did not exist at the time of their layoff.
Lichty credibly testified to the effect that he was senior in employment to some of the
employees retained. The laid-off employees thereafter contacted Business Agent
Cooley of the Laborers' Union.
H. The changing of the picket sign 17
On October 1, 1963, Construction Laborers Union No. 405 changed the picket
sign used by its picket at the school jobsite to read as follows:
Stay Away. On Strike. Construction Laborers Local 405 against Century Con-
struction Company
Thereafter the picketing at the school jobsite was conducted with the picket sign
reading as above described.
Employees 18 of Austin crossed the picket line at the school jobsite the first day
after the picket sign was changed on October 1, 1963, but did not cross the picket
line during the period of time immediately after October 1, 1963.
Anderson, president of Austin, credibly testified to the effect that Austin's employees
for the period of time immediately after the first day of the new picket sign did not
cross the picket line. According to Becker's credited testimony, however, Austin
employees worked at the jobsite around November 12, 1963. On October 2, 1963,
employees of Kirckof Plumbing appeared at the school jobsite for work but did not
work that day. Kirckof Plumbing employees did not cross the picket line at the
school jobsite after the sign was changed on October 1, 1963, until November 12,
1963. At this time the plumbing employees worked for 2 days. Thereafter the
plumbing employees did not work until the morning of November 30, 1963, and
from that date until the Federal district court injunction was issued on Decem-
ber 31, 1963.
I. Fitzgerald's conversation with Becker and Jacobson on October 30, 1963 19
On October 30, 1963, Kirckof Plumbing Foreman Elmer Becker and Arlyn Jacob-
son, Jr., who were members of Plumbers Union No. 556, went to their Business
Agent Fitzgerald's office to see if Fitzgerald would tell them that they could go to
work at the jobsite. Jacobson's credited testimony reveals that he and Becker asked
Fitzgerald whether they could work at the jobsite or not. Fitzgerald's reply thereto
is revealed by the following excerpt from Jacobson's testimony:
He said he couldn't tell us if we could go and he said he wouldn't tell us if we
couldn't go and that we were both 21 years of age and we could make up our
10 Also referred to in the record as Lanebuck.
17 Based upon stipulations of the parties and undisputed facts
is Austin 's employees , two in number, were represented by the International Brotherhood
of Electrical Workers.
19 The facts are based on a composite of the credited testimony of Becker , Jacobson, and
Fitzgerald . Becker's and Jacobson ' s demeanor and testimony exhibited a more reliable
sureness and completeness of memory. As to any conflict between their testimony and
Fitzgerald 's, I find Becker' s and Jacobson ' s version to be more reliable and so credit
Fitzgerald's testimony did not allude to whether he told the employees that if they
crossed the picket line they should be prepared to work for Kirckof for the rest of their
lives. To the extent that his version of the testimony does not so allude and might be
construed as a denial I discredit Fitzgerald's testimony. I also discredit Fitzgerald's
testimony to the effect that this conversation took place prior to October 1, 1963.
1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
own mind. And he also mentioned that-while he was saying this, after he
said this last answer I just answered here, he said that if we did go we had better
be prepared to work for Mr. Kirckof the rest of our lives.
J. Cooley's remarks to Becker and Jacobson on October 30, 1963 20
While Becker and Jacobson were talking to Fitzgerald , Laborers ' Union Business
Representative Cooley entered the office. The conversation that transpired at that
time between Cooley and Fitzgerald is revealed by the following excerpt from Jacob-
son's credited testimony:
Well, Mr. Fitzgerald said that-when Mr. Cooley came in , Mr. Fitzgerald said
to Mr. Cooley that we came up to find out if it was a legal picket that was on the
Stewartville Elementary School and that if we would tell him if-or , he would
tell us if we could go to work down there or not . And Mr. Cooley said, "You
damn right it's a legal picket until it's proven otherwise."
Q. All right. Were there any other statements made by Mr. Cooley at this
time?
A. Well, someone asked him why this picket wording was changed.
Q. Who asked that?
A. I believe it was either myself or Mr . Becker. I don't know for sure.
Q. All right. Did Mr. Cooley respond to that question9
A. Yes, he did. He said-
Q. What did he say?
A. He said that it was changed because the plumbers and the other contractors
that were working on the job didn 't honor the unfair banner and that he thought
that we would honor the strike banner.
Cooley testified to the effect that he changed the picket sign on October 1, 1963,
so as to get the laid -off employees back to work . Cooley, Ramaker, and Lichty testi-
fied to the effect that Cooley told them that the reason for the changed picket sign
was to get them back to work. I am convinced that the evidence does reflect that
one of the reasons for the picket sign change on October 1, 1963, was to get the
laid-off employees rehired. But , as is evident from Respondent 's brief , another
reason was that Century refused to bargain with the Union . As Respondent 's brief
asserts "on approximately October 1 , 1963, a banner was placed on the Stewartville
jobsite to publicize the fact that Construction was on strike against Century because
of the unfair labor practices committed by Century and their refusal to bargain with
the Union that represented a majority of an appropriate group "
As indicated later I credit the fact that Cooley and Plunket ( for Respondent
Laborers Union ) offered to withdraw the picket if the laid-off employees were rehired.
This, in my opinion, evidences that the Respondent Union was bargaining in order
to get the employees rehired, but does not prove that the picketing was solely for the
rehiring of the employees.
K. Fitzgerald's remarks to Jacobson on October 31, 1963,
concerning life insurance 21
On October 31, 1963, Jacobson had occasion to go into Kirckof's plumbing office
where he saw Fitzgerald again. Fitzgerald was talking to Kirckof and during the
conversation the Stewartville job was mentioned . Fitzgerald told Jacobson that if
he went down there he (Jacobson ) had better have a lot of life insurance . Jacobson
left the office and was putting some pipe away. Fitzgerald left the office , walked by
where Jacobson was working , and during the ensuing conversation again told Jacob-
son that if he went to the jobsite that he had better have a lot of life insurance.
=u Based on a composite of Jacobson's, Becker's, and Cooley's credited testimony
Jacobson's and Becker's demeanor as witnesses and their testimony appeared more re-
liable and sure than did Cooley's or Fitzgerald's. I do not credit Cooley's denial that he
told them in effect that he had changed the picket sign because the plumbers and elec-
tricians had not honored the other banner. For substantially the same reasons I would
not credit Fitzgerald's testnnonv had he testified as it was stipulated that he would have
to the same effect
-i The facts are based on Jacobson's credited testimony. Fitzgerald's testimony was
confused as to what had transpired between him, Kirckof, and Jacobson. I do not find
his testimony to this event reliable and do not credit his version
CONSTRUCTION LABOR UNION NO. 405, ETC. 1165
L. The events of November 12, 1963 22
Some of the employees of Kirckof Plumbing worked on November 12 and 13,
1963, at the jobsite. While the employees were at work at the jobsite on Novem-
ber 12, 1963, Plumbers Local 556 Business Agent Fitzgerald appeared where they
were, asked some of the employees their names, and commenced writing the employ-
ees' names on a piece of paper. Fitzgerald's actions otherwise are best described by
the following excerpts from Jacobson's credited testimony.
Q. Did you hear what Mr. Fitzgerald said at that time?
A. Yes I did.
Q. Would you tell us what he said?
A. Well, he came on the job all worked up and nervous and real-really
roiled up, I would say, and he said to us that we were a bunch of rats for crossing
his picket line or the picket line. I don't mean "his" picket line. Pardon me.
And that we would have a hard time getting a job through the union because
we were rats. If we went to work for another shop, the men would walk off
because they don't work with rats that cross picket lines. And he also mentioned
that he was going to recommend to the executive board that we be fined and
there was a sum of $500.00 mentioned.
Q. Who mentioned that?
A. Mr. Fitzgerald. And he also said again that we had better be prepared to
work for Mr. Kirckof the rest of our life and that he was going back to get
registered letters out to get the proceedings started for us to be fined. And that
we also could come in voluntarily that night to meet with him and the executive
board to-for the charge that he was going to file. I-that's the way I took it.
M. The events of November 13, 1963 23
On November 13, 1963, Kirckof Plumbing employees returned to the jobsite to
work. At the time that employee Peterson approached where Laborers Union No.
405's Nolan was picketing, Nolan told Peterson and employee Fischer that he (Nolan)
had been to a union meeting the night before, and the Union had made a decision to
fine each of them $100 for each day they crossed a picket line to go to work.
N. Statements to Century Construction about withdrawal of the pickets 24
During the month of November 1963, the Laborers Union ( Business Represen-
tative Cooley, and Union Attorney Plunket), Bjork (Century Construction), and a
State labor conciliator had several meetings . On November 14, 1963, Piunket told
Bjork that if the Company rehired the men laid off on September 30, 1963, the picket
sign would be taken down. About this time , at the suggestion of the conciliator,
"The facts are based on a composite of the credited testimony of Peterson, Becker,
Plyhre, Fischer, and Jacobson. Fitzgerald testified to the effect that he was there on
the occasion investigating a complaint that the men had crossed the picket line, asked
them to voluntarily go with him to the executive board, that the men said they were
entitled to 10 days' notice, that the men asked if he would tell them to leave the job, that
he told them that they could stay there until something froze over Fitzgerald's testi-
mony did not purport to cover the whole conversation Becker, Fischer, and Jacobson's
testimony was sure and more complete than Fitzgerald's and is credited. I do not find
Fitzgerald's testimony to this event reliable and do not credit it. .
The facts are based upon the credited testimony of Peterson and Fischer. Nolan
testified on direct examination that nothing was said about a fine. Later in his testi-
mony, after cross-examination and redirect examination, Nolan testified that he said, "I
just told them I understood that they could be fined." Peterson and Fischer impressed
me as frank, forthright witnesses. Nolan did not impress me as a witness whose memory
would be as accurate as Peterson's and Fischer's. I do not credit his version of this
event. It is noted that Fischer, an employee of Kirckof, had a• union card from Respond-
ent Laborers Union. Nolan testified that he had not attended a union meeting the night
before and Cooley testified that the Laborers Union had made no decision to impose any
fines I do not find that the evidence establishes that the Laborers Union had decided to
tine its members. However, I do find Peterson's and Fischer's testimony as to Nolan's
threat of fines to be persuasive and so credit.
-} Based upon undisputed facts, admissions by Bjork in his testimony, and credited testi-
mony of Cooley
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cooley agreed to withdraw his picket and to arbitrate the discharges of the laid-off
employees . Cooley sent to Bjork (Century Construction ) a letter telling Bjork that
if the employees laid off were rehired the Union would take the picket sign down.
0. Cooley's statement to Fischer on November 19, 1963 25
Ronald Fischer, an employee of Kirckof Plumbing, in November 1963 was work-
ing away from the Stewartville jobsite. In the summer of 1963 he had received a
union card from Construction Laborers Union No . 405. In November 1963 Cooley
sent for Fischer . Fischer saw Cooley on November 19, 1963, and received his union
book. At that time Cooley told Fischer , "We do not cross picket lines."
P: Respondent Plumbers' letter to members re charges 26
On November 27, 1963, Plumbers Local 556 sent to Don W . Peterson a letter on
union stationery . The letter set forth as follows:
Don W . Peterson
912 North Broadway
Rochester, Minn.
Dear Sir & Brother : The undersigned member of Local 556 files the following
charge under Section 223 of the United Association Constitution against Appren-
tice Don W . Peterson Card No . A 880029.
The accused member violated their obligation of the United Association Sec-
tion 172 of the Constitution by working on the Stewartville School @ 11:30 a.m.
November 12, 1963.
Their specific offense was crossing a picket line established by the Laborers.
Fraternally yours
[S] J. J. Fitzgerald
J. J. Fitzgerald
JJF3mk Local 556 Card No. 145139
You are requested to appear before the Executive Board 7 p .m. on January 7th,
1964 to answer to this charge.
Fraternally yours
[S] Charles Dornack
Charles Dornack
Secretary Treasurer
Substantially similar letters on the same date were sent to other employees of
Kirckof.27
Q. The events of November 30,1963 28
On the morning of November 30, 1963, around 9:30 a.m ., Kirckof Plumbing
employees commenced work at the jobsite installing a boiler . The boiler and equip-
ment were brought into the jobsite from the northwest side of the property adjacent
to the school property . After the boiler and equipment were already on the property,
Nolan , Laborers Union 's picket, was seen around 10 a.m. picketing at a point north-
west of the school addition and adjacent to a football field. This point apparently
was the place that the boiler and equipment of Kirckof Plumbing had been trans-
ported across the football field to the addition.
Kirckof credibly testified to the effect that during the time that the boiler was being
installed employees of Century were working at various points on the school addition.
Nolan testified to the effect that it did not matter to him whether his picketing was
at a place where Century's employees were working, and that he imagined that the
employees working on November 30, 1963 , at the place the boiler was being installed
were plumbing employees . Nolan , when asked whether laborers were there at that
time, replied , "Not that I know of."
25 Based on Fischer's credited and undisputed testimony.
"The facts are undisputed.
=r Fitzgerald , the business agent of Respondent Plumbers, testified that he assumed
similar letters were sent to all of Kirckof Plumbing employees The record is clear that
Becker and Jacobson received similar letters at the same time.
21 The facts are based upon a composite of the credited testimony of Kirckof , Nolan,
Myhre, and Becker.
CONSTRUCTION LABOR UNION NO. 405, ETC. 1167
R. Analysis and conclusions
The picketing involved in this case occurred at what is known as a common situs
for Century, Austin, and Kirckof of Plumbing. Primary picketing at a common situs
is permissible if it is done in such a way as to reveal that it is directed at the employer
with whom the union has a primary dispute and not directed at employers with whom
the union does not have a primary dispute and for forbidden objects (secondary
picketing).29
The Respondents contend that the picketing involved in this case was primary
picketing and that the effect on the secondary employees was an incidental result of
such picketing. To determine whether the picketing was primary or secondary in
nature, the total conduct of the Respondents as related to the picketing must be
considered.
I am convinced from the consideration of the evidence as a whole that the picketing
by Respondent Construction Laborers Union No. 405 after October 1, 1963, was
intended to be and was directed at Austin and Kirckof Plumbing and their employees
directly and was not intended to be merely directed at Century with an intended inci-
dental effort on Austin and Kirckof Plumbing and their employees. Without reiterat-
ing all of the evidence, it is revealing to note that Cooley's statements on October 30,
1963, to Becker and Jacobson reveal that the picket sign was changed because the
plumbers and electricians were not honoring the old picket sign. Considering the
foregoing and all the evidence, and including the fact that the Independent School
District No. 534 had independent contracts with Century Construction, Austin Elec-
tric, and Kirckof Plumbing, it is reasonable to find and conclude and I find and con-
clude that the picketing since October 1, 1963, was directed toward Austin Electric,
Kirckof Plumbing, Century Construction, and their employees performing work at the
Stewartville school site.
From the evidence as a whole 30 it is reasonable to conclude and find and I so con-
clude and find that Respondent Construction Laborers Union No. 405 and Respondent
Cooley, since October 1, 1963, have induced and encouraged individuals employed by
Kirckof Plumbing and Heating Co. and Austin Electric Company, engaged in com-
merce and in an industry affecting commerce, to engage in a strike or refusal in the
course of their employment to use, manufacture, process, transport, or otherwise
handle or work on goods, articles, materials, or commodities, or to perform services,
and have threatened, coerced, and restrained Kirckof Plumbing and Austin Electric,
employers engaged in commerce and in an industry affecting commerce.
Considering the evidence as a whole as it relates to the conduct of J. J. Fitzgerald,31
Respondent Plumbers' business agent, I find and conclude that Respondent Plumbers,
since October 1, 1963, has induced and encouraged individuals employed by Kirckof
Plumbing to engage in strikes or refusals in the course of their employment to use,
manufacture, process, transport, or otherwise handle or work on goods, articles, mate-
rials, or commodities or to perform services and has threatened, coerced, and
restrained Kirckof Plumbing, an employer engaged in commerce and in an industry
affecting commerce.
From the evidence as a whole I conclude and find that Respondents (Construction
Laborers Union No 405, Cooley, and Plumbers Union), since October 1, 1963, have
engaged in the acts and conduct described above with an object (1) to force or require
Century Construction to recognize or bargain with Respondent Laborers Union No.
405 as the representative of Century's employees at a time that Respondent Laborers
Union No 405 was not certified as the representatives of such employees under the
zB See Moore Dry Dock Company, 92 NLRB 547, at 549, for the requirements for per-
missible common situs picketing The Board stated these requirements in the following
language:
(a) The picketing is strictly limited to times when the situs of dispute is lo-
cated on the secondary employer 's premises ; (b) at the time of the picketing the
primary employer is engaged in its normal business at the situs ; ( c) the picketing is
limited to places reasonably close to the location of the situs ; and (d ) the picketing
discloses clearly that the dispute is with the primary employer.
See also Baltimore Building and Construction Trades Council etc. (John A. Psezonki,
d/b/a Stover Steel Service), 108 NLRB 1575.
30 Including the picketing, Cooley's statement to Fischer see section 0, above, and
Nolan's statement to Fischer and Peterson see section M, above.
Including Fitzgerald ' s remarks to Becker and Jacobson concerning the crossing of
picket lines, fines , need for life insurance if they crossed the picket line, and the filing of
union charges against employees who crossed the picket line
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
provisions of Section 9 of the Act; 32 (2) to force or require Kirckof Plumbing and
Austin Electric to cease doing business with Independent School District No. 534,
Stewartville, Minnesota, in order to force or require said district to cease doing busi-
ness with Century Construction; and (3) to force or require Independent School
District No. 534, Stewartville, Minnesota, to cease doing business with Century.33
The aforedescribed conduct of the Respondents, for the objects found, constitutes
Respondents' conduct violative of Section 8(b) (4) (1) and (u) (B) of the Act.34
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of Respondents' conduct at the Stewartville Elementary addition job-
site at Stewartville, Minnesota, set forth in section III, above, occurring in connection
with the operations of Century Construction Company, Austin Electric Sales, Inc., and
Kirckof Plumbing and Heating Company at the referred-to jobsite, described in
section I, above, have a close, intimate, and substantial relation to trade, traffic, and
commerce among the several States and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
Having found that Respondents have engaged in unfair labor practices violative of
Section 8(b) (4) (i) and (ii) (B) of the Act, 1 shall recommend that Respondents
cease and desist therefrom and take certain affirmative action designed to effectuate
the policies of the Act.
The General Counsel requests that Respondent Plumbers and Steamfitters Local 556
be restrained from applying its constitution and bylaws (against Kirckof Plumbing and
Heating Company employees who are members of Respondent Plumbers) in execution
of its threats to fine members for crossing Construction Labor Union No. 405's picket
line. As Respondents' counsel points out, it is questionable as to whether there is a
basis in the constitution for Respondents to fine their members for crossing Construc-
tion Labor Union No. 405's picket line. The only section of the constitution appar-
ently involved would require a construction of such authority upon very ambiguous
language.35 In any event I am convinced that remedial action is necessary to correct
One of the reasons for the picket sign change on October 1, 1963, was that Century
refused to bargain with the Union. See section I, above.
33 In view of the evidence as a whole it Is clear that action directed toward the sec-
ondary employers was designed to attempt to shut down the whole project
'4 See Intei national Brotherhood of Electrical Workers, AFL-CIO (Bendix Radio Dvoi-
sion of the Bendix Corporation), 138 NLRB 993.
^ Charging Party's Exhibit No 1-excerpt-United Association of Journeymen and
Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada
(revised and amended August 7-11, 1961) constitution, bylaws, etc., sec. 172:
Each applicant before becoming a member shall take the following pledge or oath
of obligation:
"I, (state name) in the presence of this Local
Union, do truly promise and pledge my word of honor that I am familiar with the
provisions and requirements of the Constitution and By-Laws of the United Associa-
tion and that I will not perform any act in any way prejudicial to the best interest
of the United Association, but will at all times endeavor to promote its prosperity
and usefulness. I hereby agree to remain loyal and true to the principles and
policies and to be governed by the Constitution and By-Laws'and Ritual of the United
Association and the Local Union in any and all matters now or that may hereafter be
included therein I further pledge that I will faithfully attend all meetings of the
Local Union unless prevented by sickness or other causes beyond my control I will
at all times assist members of the United Association to the extent of my ability,
defend them when unjustly treated or slandered, and cultivate for each and every
member the warmest friendship and brotherly love. I will assist unfortunate or
distressed members to procure employment.
"I do further promise and swear that I am not a member of any organization
advocating the overthrow by force and violence of the Government of the United
States or of Canada.
"I take this obligation voluntarily, without any mental reservation, and bind my-
sell until death or honorable withdrawal under the penalty of scorn due to moral
perjury and violated honor as one unworthy of trust or assistance
CONSTRUCTION LABOR UNION NO. 405, ETC. 1169
the unfair labor practices involved It will be recommended that Respondent
Plumbers and Steamfitters Local No 556 be required to cease and desist from the
making of or execution of threats to its members who are employees of Kirckof, to
induce them to refrain from crossing Construction Labor Union No 405's picket line
against Century Construction Company or any other person (with whom Respondent
Plumbers and Steamfitters Local No 556 does not have a dispute). It will also be
recommended that Respondent Plumbers and Steamfitters Local No 556 void and
expunge all union charges in connection with such thieats from its records.
CONCLUSIONS OF LAW
1. Morris L. Bjork, doing business as Century Construction Co., Kirckof Plumbing
and Heating Company, and Austin Electric Service, Inc., respectively, are, and have
been at all times material, employers within the meaning of Section 2(2) of the Act,
and persons within the meaning of Sections 2(1) and 8(b) (4) of the Act; and respec-
tively are, and have been at all times material, engaged in commerce or in an industry
affecting commerce within the meaning of Section 2(5) of the Act.
2. Construction Labor Union No, 405 and Plumbers and Steamfitters Union No.
556 are, and have been at all times material, labor organizations within the meaning
of Section 2(5) of the Act.
3. Joseph Cooley is, and at all times material herein has been, business representa-
tive and agent of Construction Labor Union No. 405 acting on its behalf and an agent
of said Union within the meaning of Section 2(13) of the Act.
4. J. J. Fitzgerald is, and at all times material herein has been, business representa-
tive and agent of Plumbers and Steamfitters Union No. 556 acting on its behalf and
is an agent of said Union within the meaning of Section 2(13) of the Act.
5. By engaging in a strike, or picketing or otherwise inducing or encouraging
individuals employed by Kirckof Plumbing and Heating Company, and by Austin
Electric Sales, Inc., persons engaged in commerce and in industry affecting commerce,
to engage in a strike or refusal in the course of their employment to use, manufacture,
process, transport, or otherwise handle or work on goods, articles, materials, or com-
modities, or to perform services, and by threatening, coercing, and restraining Kirckof
Plumbing and Heating Company and Austin Electric Sales, Inc., persons engaged in
commerce and in an industry affecting commerce, with an object of forcing or requir-
ing Century Construction Company to bargain with Construction Labor Union No.
405 as the representative of Century Construction Company employees (when said
Union had not been certified as such exclusive representative pursuant to Section 9 of
the Act), and with an object of forcing or requiring Kirckof Plumbing and Heating
Company and Austin Electric Sales, Inc., to cease doing business with Independent
School District No. 534, Stewartville, Minnesota, in order to force or require said
School District to cease doing business with Century Construction Company, and with
a further object of forcing or requiring Independent School District No. 534, Stewart-
ville, Minnesota, to cease doing business with Century Construction Company,
Respondent Construction Labor Union No. 405 and its agent Joseph Cooley have
violated Section 8 (b) (4) (i) and (ii) (B) of the Act.
6. By inducing and encouraging individuals employed by Kirckof Plumbing and
Heating Company, a person engaged in commerce and in an industry affecting com-
merce, to engage in strikes or refusals in the course of their employment to use, manu-
facture, process, transport, or otherwise handle or work on goods, articles, materials,
or commodities or to perform services, and by threatening, coercing, and restraining
Kirckof Plumbing and Heating Company, a person engaged in commerce and in an
industry affecting commerce, with an object of forcing or requiring Century Construc-
tion Company to bargain with Construction Labor Union No. 405 as the representative
of Century Construction Company employees when said Union had not been certified
as such exclusive representative pursuant to Section 9 of the Act, and with an object of
forcing or requiring Kirckof Plumbing and Heating Company and Austin Electric
Sales, Inc., to cease doing business with Independent School District No. 534, Stewart-
ville, Minnesota, in order to force or require said school district to cease doing busi-
ness with Century Construction Company. and with a further object of forcing or
requiring Independent School District No. 534, Stewartville, Minnesota, to cease doing
business with Century Construction Company, Respondent Plumbers and Pipefitters
Local 556 has violated Section 8(b) (4) (i) and (ii) (B) of the Act.
770-076-65-vol. 149-75
1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
7. The aforesaid unfair labor practices are unfair labor practices within the meaning
of Section 2 ( 6) and (7) of the Act.
RECOMMENDED ORDER is
Upon the basis of the foregoing findings of fact and conclusions of law and upon
the entire record in this case, it is recommended that:
A. Respondent Construction Labor Union No. 405, its officers, agents, representa-
tives, successors, and assigns, and Respondent Joseph Cooley shall:
1 Cease and desist from engaging in a strike, or picketing or otherwise inducing or
encouraging individuals employed by Kirckof Plumbing and Heating Company, by
Austin Electric Sales, Inc., or by any other person engaged in commeice or in an
industry affecting commerce, to engage in a strike or refusal in the course of their
employment to use, manufacture, process, transport, or otherwise handle or work on
goods, articles, materials, or commodities, or to pei form services, and from threaten-
ing, coercing, or restraining Kirckof Plumbing and Heating Company and Austin
Electric Sales, Inc , or any other person engaged in commerce or in an industry affect-
ing commerce, with an object of forcing or requiring Century Construction Company
to bargain with Construction Labor Union No 405 as the representative of Century
Construction Company employees when said Union has not been cei tified as such
exclusive representative pursuant to Section 9 of the Act, and with an object of forcing
or requiring Kirckof Plumbing and Heating Company and Austin Electric Sales, Inc.,
to cease doing business with Independent School District No. 534, Stewartville,
Minnesota, in order to fcrce or require said school district to cease doing business
with Century Construction Company, and with a further object of forcing or requiring
Independent School District No. 534, Stewartville, Minnesota, to cease doing business
with Century Construction Company
2. Take the following affirmative action which it is found will effectuate the pur-
poses of the Act:
(a) Post in conspicuous places at their business offices, meeting halls, and all places
where notices to members are customarily posted, copies of the attached notice
marked "Appendix A." 37 Copies of said notice, to be furnished by the Regional
Director for Region 18, shall, after being duly signed by the authorized representatives
of the Respondents, be posted by the Respondents immediately upon receipt thereof
and be maintained for a period of 60 consecutive days thereafter. Reasonable steps
shall be taken to insure that the notices are not altered, defaced, or covered by any
other material.
(b) Sign and mail sufficient copies of the said notice to the Regional Director,
Region 18, for posting, Century Construction Company, Kirckof Plumbing and Heat-
ing Company, and Austin Electric Sales, Inc., being willing, at all locations where
notices to their respective employees are customai ily posted
(c) Notify the Regional Director for Region 18, in writing, within 20 days from
the date of this Recommended Order, what steps the Respondent has taken to comply
herewith 38
w In the event that this Recommended Order be adopted by the Board, the word "Order"
shall be deemed substituted for the words "Recommended Order " Additionally there
shall be deemed substituted for the fist paragraph of the Recommended Order the follow-
ing paragraph*
Upon the entire record in this case, and pursuant to Section 10(c) of the National
Labor Relations Act, as amended, the National Labor Relations Board hereby orders
that:
as In the event that this Recommended Order be adopted by the Board, the words "a
Decision and Order" shall be substituted for the words "a Recommended Order of a
't'rial Examiner" in the notice. In the further event that the Board's Order be 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."
181n the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read: "Notify said Regional Director, in writing, within 10 days
from the date of this Order, what steps the Respondent has taken to comply herewith."
CONSTRUCTION LABOR UNION NO. 405, ETC. 1171
B. Respondent Plumbers and Pipefitters Union No. 556, its officers , agents, repre-
sentatives , successors , and assigns , shall:
1. Cease and desist from:
(a) Inducing and encouraging individuals employed by Kirckof Plumbing and
Heating Company to engage in strikes or refusals in the course of their employment
to use, manufacture , process, transport , or otherwise handle or work on goods, articles,
materials, or commodities or to perform services , and from threatening , coercing, and
restraining Kirckof Plumbing and Heating Company , an employer engaged in com-
merce or in an industry affecting commerce , with an object of forcing or requiring
Century Construction Company to bargain with Construction Labor Union No. 405
as the representative of Century Construction Company employees when said Union
has not been certified as such exclusive representative pursuant to Section 9 of the
Act, or with an object of forcing or requiring Kirckof Plumbing and Heating Company
and Austin Electric Sales , Inc., to cease doing business with Independent School
District No. 534, Stewartville , Minnesota , in order to force or require said School
District to cease doing business with Century Construction Company, or with a further
object of forcing or requiring Independent School District No. 534, Stewartville,
Minnesota , to cease doing business with Century Construction Company.
(b) Threatening to fine or to retaliate against or from executing any threat of fine
or retaliation made to employees of Kirckof Plumbing, members of the union, to
induce them to refrain from crossing the Construction Labor Union No. 405's picket
line against Century Construction Company or any other person, with whom it has
no labor dispute.
2. Take the following affirmative action which it is found will effectuate the pur-
poses of the Act:
(a) Void and expunge all union charges made in connection with threats to induce
employees of Kirckof Plumbing and Heating Company to refrain from ciossing Con-
struction Labor Union No 405's picket line against Century Construction Company,
with whom it has no labor dispute.
(b) Post in conspicuous places at its business offices, meeting halls , and all places
where notices to members are customarily posted, copies of the attached notice marked
"Appendix B." 39 Copies of said notice , to be furnished by the Regional Director for
Region 18 , shall, after being duly signed by the authorized representatives of the
Respondent , be posted by the Respondent immediately upon receipt thereof and be
maintained for a period of 60 consecutive days thereafter . Reasonable steps shall be
taken to insure that the notices are not altered , defaced, or covered by any other
material.
(c) Sign and mail sufficient copies of the said notice to the Regional Director,
Region 18 , for posting , Kirckof Plumbing and Heating Company being willing, at all
locations where notices to its respective employees are customarily posted.
(d) Notify the Regional Director for Region 18 , in writing , within 20 days from
the date of this Recommended Order , what steps the Respondent has taken to comply
herewith.4o
su See footnote 37.
" See footnote 38.
APPENDIX A
NOTICE TO ALL MEMBERS OF CONSTRUCTION LABOR UNION NO. 405 AND TO CENTURY
CONSTRUCTION Co., AUSTIN ELECTRIC SERVICE, INC., AND KIRCKOF PLUMBING AND
HEATING CO ., AND TO THE EMPLOYEES OF THE AFORESAID COMPANIES
Pursuant to a 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, we hereby notify our employees that:
WE WILL NOT engage in a strike, or picket or otherwise induce or encourage
individuals employed by Kirckof Plumbing and Heating Co , by Austin Electric
Service, Inc., or any other person engaged in commerce and in an industry affect-
ing commerce , to engage in a strike or refusal in the course of their employment
to use, manufacture , process, transport , or otherwise handle or work on goods,
- - -articles, materials , or commodities , or to perform services , nor will we threaten,
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
coerce, or restrain Kirckof Plumbing and Heating Co. and Austin Electric Service,
Inc., or any other person engaged in commerce or in an industry affecting com-
merce with an object of forcing or requiring Century Construction Co. to bargain
with Construction Labor Union No. 405 as the representative of Century Con-
struction Co. employees when said union has not been certified as such exclusive
representative pursuant to Section 9 of the Act, or with an object of forcing or
requiring Kirckof Plumbing and Heating Co. and Austin Electric Service, Inc., to
cease doing business with Independent School District No. 534, Stewartville,
Minnesota, in order to force or require said School District to cease doing busi-
ness with Century Construction Co., or with a further object of forcing or requir-
ing Independent School District No. 534, Stewartville, Minnesota, to cease doing
business with Century Construction Co.
CONSTRUCTION LABOR UNION No. 405,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative) (Title)
Dated . ------------------ By------------- ------------------------------
(JOSEPH COOLEY, Agent of Construction
Labor Union No. 405)
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, 316 Federal
Building, 110 South Fourth Street, Minneapolis, Minnesota 55401, Telephone No.
339-0112, Extension 2601, if they have any questions concerning this notice or com-
pliance with its provisions.
APPENDIX B
NOTICE 'r0 ALL MEMBERS OF PLUMBERS AND STEAMFITTERS UNION No. 556, AND TO
CENTURY CONSTRUCTION Co., AUSTIN ELECTRIC SERVICE, INC., AND KIRCKOF
PLUMBING AND HEATING CO. AND TO THE EMPLOYEES OF THE AFORESAID COMPANIES
Pursuant to a 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, we hereby notify our employees that:
WE WILL NOT induce and encourage individuals employed by Kirckof Plumb-
ing and Heating Co. to engage in strikes or refusals in the course of their employ-
ment to use, manufacture, process, transport, or otherwise handle or work on
goods, articles, materials, or commodities or to perform services, nor will we
threaten, coerce, or restrain Kirckof Plumbing and Heating Co., a person engaged
in commerce and in an industry affecting commerce with an object of forcing
or requiring Century Construction Co. to Bargain with Construction Labor Union
No. 405 as the representative of Century Construction Co. employees (when said
union has not been certified as such exclusive representative pursuant to Section
9 of the Act), or with an object of forcing or requiring Kirckof Plumbing and
Heating Co. and Austin Electric Service, Inc., to cease doing business with Inde-
pendent School District No. 534, Stewartville, Minnesota, in order to force or
require said School District to cease doing business with Century Construction
Co , or with a further object of forcing or requiring Independent School District
No. 534, Stewartville, Minnesota, to cease doing business with Century Construc-
tion Co.
WE WILL NOT threaten to fine or engage in retaliation or execute any threat of
fines or retaliation made to our members to induce them to refrain from crossing
the Construction Labor Union No. 405 picket line against Century Construction
Co. or any other person with whom we have no dispute, and we will void and
expunge all union charges in connection with such threats from our records.
PLUMBERS AND PIPEFITTERS UNION No. 556,
Labor Organization.
Dated-------=----------- By-------------------------------------------(Representative) (Title)
CONSTRUCTION LABOR UNION NO. 405, ETC. 1173
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, 316 Federal
Building, 110 South Fourth Street , Minneapolis , Minnesota, Telephone No.
339-0112 , Extension 2601 , if they have any questions concerning this notice or com-
pliance with its provisions.
APPENDIX C
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