Daugherty Co., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1964

147 N.L.R.B. 1295 (N.L.R.B. 1964)

DAUGHERTY COMPANY, INC . 1295,
space and Agricultural Implement Workers of America, (UAW) AFL-CIO, or
any other labor union.
ALL OUR EMPLOYEES have the right to form , join, or assist any labor union,
or not to do so. WE WILL NOT interfere with our employees in the exercise of
these rights.
WE WILL offer immediate employment to William Reid and we will give him.
whatever backpay he lost as a result of his discharge on April 8, 1963.
MICHIGAN CONTRACTORS, ..
INCORPORATED,
Employer.
By -----------------------------
(Representative ) ( Title)
HARVEY ALUMINUM
(INCORPORATED),
Employer.
By ------------------------------
(Representative ) ( Title)
Dated - ------------------------- Dated --------------------------
NOTE.-We will notify the above -named employee if presently serving in, the
Armed Forces of the United States of his right to full reinstatement upon application
in accordance with the Selective Service Act and the Universal Military Training
and Service Act of 1948 , as amended, after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced , or covered by any other material.
Employees may communicate directly with the Board's Regional Office, 500,
Book Building , 1249 Washington Boulevard , Detroit, Michigan , Telephone No.
963-9330, if they have any questions concerning this notice or compliance with its
provisions.
Daugherty Company, Inc. and Edwin L. Copeland
Local 562, United Association of Journeymen and Apprentices
of the Plumbing and Pipefitting Industry of the United States.
and Canada , AFL-CIO [Daugherty Company, Inc.] and Edwin.
L. Copeland
Shure-Richardson , Inc. and William W. Copeland
Local 562, United Association of Journeymen and Apprentices.
of the Plumbing and Pipefitting Industry of the United States
and Canada , AFL-CIO [Shure-Richardson, Inc:] and William
W. Copeland . Cases Nos. 14-CA-3191,14-CB-1132, 14-CA-3218,1
and 14-CI3-1152. June 30, 1964
DECISION AND ORDER
On April 1, 1964, Trial Examiner Frederick U. Reel issued his.
Decision in the above-entitled proceeding, finding that Respondents.
Daugherty Company, Inc., Shure-Richardson,. Inc., and Local 562,,
United Association of Journeymen and Apprentices of the Plumbing
and Pipefitting Industry of the United States and Canada, AFL-
CIO,1 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 , regarding
",Hereinafter also referred to as Local 562.
147 NLRB No. 122.
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent Local 562, that, as to certain other allegations set forth in
the complaint , the General Counsel had not sustained the burden of
proof and recommended dismissal of such allegations . Thereafter,
the General Counsel and Respondents Daugherty Company, Inc.,
Shure-Richardson , Inc., and Local 562 filed exceptions to the Trial
Examiner's Decision with supporting comments or briefs.
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 Members
Fanning and Jenkins].
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 supporting comments and
briefs, and the entire record in the case, and hereby adopts the find-
ings, conclusions , and recommendations of the Trial Examiner.
ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the Board hereby adopts as its Order, the Order recom-
mended by the Trial Examiner, as amended hereinafter, and orders
that Respondents Daugherty Company, Inc., Shure-Richardson, Inc.,
their officers, agents, successors, and assigns, and Local 562, United
Association of Journeymen and Apprentices of the Plumbing and
.Pipefitting Industry of the United States and Canada, AFL-CIO,
its officers, agents, representatives, successors, and assigns, shall take
the action set forth in the Trial Examiner's Recommended Order,
amended as follows :
1. The following paragraph II, B, (4) is added to the Recom-
mended Order:
Notify the employees listed in Appendix A of the Trial Ex-
aminer's Decision, if presently serving in the Armed Forces of
the United States, of their right to reinstatement as ordered in
paragraph II, B, (1), upon application in accordance with the
Selective Service Act and the Universal Military Training and
Service Act of 1948, as amended, after discharge from the Armed
Forces.
2. The paragraph designated in the Trial Examiner's Order as
II, B, (4) is redesignated as paragraph II, B, (5).
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
This case was heard before Trial Examiner Frederick U. Reel in St. Louis, Missouri,
on February 24, 1964,1 upon charges filed the preceding September 20 and Novem-
' Unless otherwise indicated , all other dates herein refer to the year 1963.
DAUGHERTY COMPANY, INC. 1297
ber 5, and a complaint issued December 16. Briefly stated, the issue is whether
Respondents Daugherty and Shure -Richardson discriminated against various em-
ployees because of their nonmembership in Respondent Local 562, and whether
Local 562 caused this discrimination . The sole evidence at the hearing consisted of
the testimony of witnesses called by, and exhibits introduced by, General Counsel.
After the hearing and pursuant to agreement there reached , General Counsel tendered
two additional exhibits and accompanying stipulations , which are hereby admitted
into evidence . Briefs were filed in due course by General Counsel and by counsel
for the respective employers ; all have been duly considered . Upon the entire record,
I make the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYERS , AND THE LABOR ORGANIZATION INVOLVED
Daugherty Company, Inc., an Ohio corporation engaged in industrial construction
throughout the United States, was , at the time of the events here in question , engaged
at Pea Ridge, Missouri , in a project which involved the shipment into the State from
points outside Missouri of goods and materials valued in excess of $50,000. Shure-
Richardson , Inc., a Missouri corporation engaged in construction and manufactur-
ing, likewise obtained for its 1963 Missouri operations from points outside the State
goods and services valued in excess of $50 ,000. Both these Companies are employers
engaged in commerce within the meaning of Section 2(6) and ( 7) of the Act.
The Respondent Union, sometimes known as Local 562, or the Pipefitters, or the
United Association , is a labor organization within the meaning of the Act.
II. THE UNFAIR LABOR PRACTICES
A. The layoff at Shure-Richardson
In the spring and early summer of 1963, Shure -Richardson was engaged in con-
struction work at Farmington , Missouri . As of June 21 it employed 13 pipefitters
on that job , including the foreman , Silas Coonrad , who was the sole employer rep-
resentative on the job and who also served as union steward . The applicable
collective-bargaining agreement provided , in effect, for a nonexclusive , nondiscrimi-
natory hiring hall to be administered by Local 562. As of June 21, eight of the
pipefitters on the job, including Coonrad, were members of Local 562; the other five
were members of Local 318 of the same International.
On June 17 Local 562 struck 30 employers in the area , but neither Shure-
Richardson nor Daugherty were among the struck employers. As a result of the
strike, which continued until August 28, a number of Local 562 members normally
employed by other employers were not at work. On Friday , June 21 , Shure=
Richardson laid off the five pipefitters who were members of Local 318, and the
following week Shure-Richardson hired five pipefitters ( four on Monday and one on
Wednesday), who were members of Local 562 and who had worked for struck em-
ployers up to the beginning of the strike . In notifying several of the ibbal 318 men
of their layoff, Coonrad stated that it was "none of his doing , it came from the hall,"
that their work was good, and that he would like to have them back on the job after
the strike . The five men hired the following. week worked until July 10 when they
were laid off.
B. The layoff at Daugherty
Daugherty conducted the construction operations here pertinent under hiring hall
conditions substantially identical to those prevailing at Shure-Richardson . In mid-
June 1963 , Daugherty undertook a special unloading project and other extra work
at the construction site, which necessitated the hiring of approximately 30 additional
employees . Daugherty representatives arranged with Local 562 to supply . the needed
men, explaining that the special job was temporary , that it would last but a few days,
and that a layoff would follow upon its completion . Local 562 received this request
on June 17 or 18, i.e ., just at the outset of its strike against certain other employers.
It referred to the job in that week, and Daugherty hired 28 members of Local 562
of whom at least 25 had been working for struck employers up to the time -of the
strike. Daugherty completed the temporary job on June 21, and decided to lay off
enough men to reduce its complement of pipefitters to approximately the number
employed prior to the temporary expansion.
:756-236-65-vol. 147-83
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On June 21 Daugherty laid off 26 men, and on June 24 it laid off 4 more. All 30
were nonmembers of Local 562. The layoff list was compiled by one John Cleary,
a superintendent employed by Daugherty, and who, as required by the applicable
collective-bargaining agreement under which Daugherty was operating, was a member
of Local 562. Daugherty's field superintendent, Marvin Brown, who had been at
the project but a few weeks, directed Cleary to prepare the list on the basis of merit,
retaining the better men. Brown testified that, as far as he knew, Cleary followed
instructions in preparing the list. Cleary, who was present in the hearing room
during the testimony, was not called as a witness. Daugherty had also laid off one
nonmember, Wilders, on June 19, 1963, but he apparently had already been laid off
at the time Cleary prepared his list.
On June 24, the date on which Daugherty laid off the last 4 of the 30 non-
members, it hired 17 members of Local 562, which that union referred for employ-
ment. At least 14 of the 17 were then on strike against other employers. The follow-
ing day Daugherty hired seven more members of Local 562, all of whom were on
strike against other employers.
C. Analysis and conclusions
The question in this case can be simply stated : has General Counsel sustained the
burden of establishing by a preponderance of the evidence that Daugherty and Shure-
Richardson laid off, and that Local 562 caused them to lay off, the nonmembers of
Local 562 under the circumstances described above, because of their lack of mem-
bership in that Local. The mere fact that Local 562 operated a hiring hall and
served these employers as a source of employees does not of itself establish any
violation of the Act, for it cannot be assumed that the hiring hall was operated in
a discriminatory manner. Suspicion and surmise, in short, will not serve as support
for a finding of violation; the violation must be shown by evidence. But, as the
Eighth Circuit has stated, "The Board's decision may be based upon circumstantial
evidence as well as direct evidence. Direct evidence of a purpose to violate the
statute is rarely obtainable." N.L.R.B. v. Pacific Intermountain Express Company,
et al., 228 F. 2d 170, 172 (C.A. 8), cert. denied 351 U.S. 592, citing inter alia,
N.L.R.B. v. International Union of Operating Engineers, etc., Local 101 (Sub Grade
Engineering Co.), 216 F. 2d 161, 164 (C.A. 8). And, as the same court has ob-
served, "The disproportionate treatment of union and nonunion employees may be
pbrsuasive evidence of discrimination in violation of Section 8(3)." N.L .R.B. v.
Winona Textile Mills, 160 F. 2d 201, 208. Accord: N.L.R.B. v. Chattanooga Bakery,
Inc., 127 F. 2d 201, 204 (C.A. 6), cert. denied 317 U.S. 676; N.L.R.B. v. Whittenberg
,;Construction Company, 200 F. 2d 157, 159-160 (C.A. 6); N.L.R.B. v. W. C. Nabors,
dd/b/a W. C. Nabors Company, 196 F. 2d 272, 275-276 (C.A. 5); N.L.R.B. v.
Fredrica Clausen, d/b/a Luzerne Hide & Talkiw, 188 F. 2d 439, 442 (C.A. 3),
cert. denied 342 U.S. 868; N.L.R.B. v. W. C. Bachelder, etc., 120 F. 2d 574, 578
(C.A. 7), cert. denied 314 U.S. 647; N.L.R.B. v. Sifers, 171 F. 2d 63, 66 (C.A. 10);
F. W. Woolworth Company v. N.L.R.B., 121 F. 2d 658, 661-662 (C.A. 2); N.L.R.B.
v. Dinion Coil Company, Inc., 201 F. 2d 484, 486 (C.A. 2).
(a) With respect to Shure-Richardson, the evidence establishes that it laid off all
the nonmembers, and only the nonmembers, of Local 562, that this layoff was ac-
complished under orders from the union hall, and that its purpose was to give
employment to members of Local 562 who were on strike. The evidence further
establishes that the union steward, Coonrad, who advised the men of their layoff
and of the reason therefor, was also the top-ranking representative of the Employer
on the job. In these circumstances I find that Coonrad was the agent of both Shure-
Richardson and Local 562, and that Local 562 caused the layoff of the men in
question. N.L.R.B. v. Cement Masons Local No. 555, etc. (Anderson-Westphal Co.),
225 F. 2d 168 , 173 (C.A. 9).
Shure-Richardson urges that the layoff of the Local 318 men and the hiring of
Local 562 men may be explained as a lawful preference for unemployed St. Louis
residents over men from Cape Girardeau , headquarters of Local 318.2 But in the
2 Although Shure-Richardson 's contract with the Union contained valid union-security
provisions , no contention was ever advanced that the layoff was pursuant to those provi-
sions or could be justified thereunder . On the contrary , Shure -Richardson sought to dis-
claim reliance on membership as a factor in the layoff. In these circumstances , I can only
find that the contract provision was not used to, and does not, justify the layoff.
DAUGHERTY COMPANY, INC. 1299
cases on which Shure-Richardson relies, such as Bricklayers, etc., Local No. 2 (Wil-
putte Coke Oven Division, Allied Chemical Corporation), 135 NLRB 323, and
Bricklayers, etc., No. 28 (Plaza Builders, Incorporated), 134 NLRB 751, the records
contained independent evidence that considerations of local residence motivated the
decisions as to retention and layoff. In the instant case, no such independent evi-
dence was introduced, and the factor controlling the selection appears to have been
the existence of the strike. In fact, it does not even appear that the Local 562 men
who were hired were St. Louis residents, or that the Local 562 men not laid off were
from St. Louis. The records stipulated to by the Union in connection with the
Daugherty matter show that many members of that Local were residents of other
areas and indeed of other States. The same record shows that not all St. Louis
pipefitters were members of Local 562, so that a statement to the Local 318 men to
return after the strike ended is not tantamount to a statement that they should
return when all St. Louis residents were employed; it is tantamount to an offer to
rehire after all Local 562 men are taken care of.
In short, as to the Shure-Richardson episode, the record shows that the Union
(acting through Coonrad) caused the Employer (also acting through Coonrad) to
lay off five nonmembers of Local 562 and to hire five members of that Local. So
far as this record shows, the controlling factor in selecting the men for layoff was
their lack of membership in Local 562. Such discrimination as to tenure of employ-
ment inherently encourages membership in that union, and hence involves the Em-
ployer in a violation of Section 8(a)(3) and (1), a violation caused by the Union
which therefore violated Section 8(b) (2) and (1) (A).
(b) As to Daugherty, the record shows that the layoff list was compiled by a
Daugherty supervisor, Cleary, a union member, who had been instructed to base the
list on considerations of merit. The list compiled by Cleary included 30 nonmembers
of Local 562, and no members of that Local. This in itself would be evidence
of discrimination, as the "disproportionate" cases cited above establish. Moreover,
28 of the retained men had been employed 1 week or less, whereas many of the
laid-off men had been at work for several months; only 2 had been employed less than
45 days. On these facts I find that Cleary selected nonmembers of Local 562 for
layoff because of their nonmembership in that Local, and that by this discrimination,
the Company violated Section 8(a) (3),and (1).3
Although Cleary was a union member, the record is devoid of evidence that he
was a union agent, or that Local 562 influenced in any way, let alone "caused," any
inclusions or exclusions on the list. His mere membership is not enough to hold
Local 562 responsible for his actions. See Cement Masons Local No. 555, supra,
at 173. It may be that Cleary obtained a list of members from Local 562, and it
may be that as a union member he-without pressure from any source-decided to
prefer union members in the layoff. Although Local 562, rather than Daugherty,
was the real beneficiary of Cleary's action, and although the circumstances-includ-
ing the "orders from the ball" in the Shure-Richardson matter occurring contempo-
raneously-are highly suspicious, if not suggestive, of union complicity, I can find no
evidence in this record that Local 562 caused Daugherty to discriminate in its favor.
THE REMEDY
Shure-Richardson and Local 562 should jointly and severally make whole the five
employees laid off for wages lost between June 21 and July 10 in accordance with the
formulas set forth in Crossett Lumber Company, 8 NLRB 440, and Isis Plumbing
& Heating Co., 138 NLRB 716. Daugherty should make whole the employees laid
off June 21 or 24, in accordance with the formulas set forth in F. W. Woolworth
Company, 90 NLRB 289, -and Isis Plumbing & Heating Co., supra. Also, to the
extent that work is available at the Pea Ridge jobsite, and insofar as it has not
already made them bona fide offers of reinstatement, Daugherty should offer to
reinstate the 30 men in question, discharging, if necessary, any employees hired on or
after June 17, 1963. If work is not available for any employee entitled to reinstate-
ment under these terms, he should be placed on a preferential hiring list. Backpay
for each of the 30 should be computed commencing with the date of layoff and
continuing until reinstatement is offered or until such date as he would have been
laid off for nondiscriminatory reasons. I shall also recommend cease and desist
orders against each Respondent coextensive with the nature of the violations found,
and the posting of appropriate notices.
8 Daugherty also had a union-security agreement but apparently did not rely thereon.
See footnote 2, supra.
1300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. By laying off employees because of their nonmembership in Local 562,
Daugherty and Shure-Richardson engaged in unfair labor practices affecting com-
merce within the meaning of Sections 8(a)(3) and (1) and 2(6) and (7) of the
Act.
2. By causing Shure-Richardson to discriminate against nonmembers because of
their lack of membership, Local 562 engaged in an unfair labor practice affecting
commerce within the meaning of Sections 8(b)(2) and 1(A) and 2(6) and (7) of
the Act.
Accordingly, upon the foregoing findings of fact and conclusions of law, and on
the record as a whole, I recommend that the Board issue the following:
RECOMMENDED ORDER
Upon the entire record in this case, and pursuant to Section 10(c) of the National
Labor Relations Act, as amended, it is hereby ordered that:
1. Respondent Shure-Richardson, Inc., its officers, agents, successors, and assigns,
shall:
A. Cease and desist from:
(1) Encouraging membership in Local 562, United Association of Journeymen
and Apprentices of the Plumbing and Pipefitting Industry of the United States and
Canada, AFL-CIO, by discriminating against any employee for nonmembership in
that organization, except as authorized in Section 8(a) (3) of the Act, as amended.
(2) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed in Section 7 of the Act.
B. Take the following affirmative action necessary to effectuate the policies of
the Act:
(1) Jointly and severally with the above-named Union, and in the manner set
forth in the portion of the Trial Examiner's Decision entitled "The Remedy," make
whole the following employees for any loss of pay they suffered because of the
discrimination against them:
James T. Berry Wilfred K. Weber
William W. Copeland Ray L. Weiler
John P. Pickert
(2) Preserve and, upon request, make available to the Board.or its agents, for
examination and copying, all payroll records, social security payment records, time-
cards, personnel records and reports, and all other records necessary to analyze the
amount of backpay due under the terms hereof.
(3) Post at its office in St. Louis, Missouri, copies of the attached notice marked
"Appendix B." 4 Copies of such notice, to be furnished by the Regional Director
for the Fourteenth Region, shall, after being duly signed by an authorized representa-
tive of the Respondent, be posted immediately upon receipt thereof, and be main-
tained by it for a period of 60 consecutive days thereafter, in conspicuous places,
including all places where notices to employees are customarily posted. Reasonable
steps shall be taken by the Respondent to insure that said notices are not altered,
defaced, or covered by any other material.
(4) Post at the same place and under the same conditions as set forth in (3),
above, as soon as forwarded by the Regional Director, copies of the attached notice
marked "Appendix D."
(5) Mail to the Regional Director for the Fourteenth Region, signed copies of
the attached notice marked "Appendix B" for posting by Local 562 at its business
office in St. Louis, Missouri, where notices to members are customarily posted.
Copies of said notice, to be furnished by the Regional Director, shall, after being
duly signed by a representative of the Respondent, be returned forthwith to the
Regional Director for such posting.
(6) Notify the Regional Director for the Fourteenth Region, in writing, within
20 days from the receipt of this Decision and Recommended Order, what steps have
been taken to comply herewith -5
In the event that this Recommended Order shall be 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 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."
5 In 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."
DAUGHERTY COMPANY, INC. 1301
II. Respondent Daugherty Company, Inc., its officers, agents, successors, and
assigns, shall:
A. Cease and desist from:
(1) Encouraging membership in Local 562 by discriminating against any em-
ployee for nonmembership in that organization, except as authorized in Section
8 (a) (3) of the Act, as amended.
(2) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of their rights guaranteed in Section 7 of the Act.
B. Take the following affirmative action necessary to effectuate the policies of
the Act:
(1) In the manner'set forth in the portion of the Trial Examiner's Decision
entitled "The Remedy," offer to reinstate the employees listed in Appendix A of
that Decision and make them whole for any loss of pay suffered by reason of the
discrimination against them.
(2) Preserve and, upon request, make available to the Board or its agents, for
examination and copying, all payroll records, social security payment records, time-
cards, personnel records and reports, and all other records necessary to an analysis
of the amount of backpay due.
(3) Post at its jobsite at Pea Ridge, Missouri-or, if its work at that site has been
completed by the time of compliance herewith, at all other jobsites at which it
recognizes Local 562 as bargaining representative of the plumbers and pipefitters there
employed-copies of the attached notice marked "Appendix C." 6 Copies of such
notice, to be furnished by the Regional Director for the Fourteenth Region, shall,
after being signed by this Respondent's representative, be posted by this Respondent
immediately upon receipt thereof, and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all places where notices to employees
are customarily posted. Reasonable steps shall be taken by this- Respondent to
insure that said notices are not altered, defaced, or covered by any other material.
(4) Notify the Regional Director for the Fourteenth Region, in writing, within
20 days from the date of the receipt of this Decision, what steps Respondent has
taken to comply herewith?
III. Local 562, United Association of Journeymen and Apprentices of the Plumb-
ing and Pipefitting Industry of the United States and Canada, AFL-CIO, its officers,
agents, representatives, successors, and assigns, shall:
A. Cease and desist from:
(1) Causing or attempting to cause Shure-Richardson, Inc., or any other em-
ployer to discriminate against employees in violation of Section 8(a)(3) of the
Act.
(2) In any like or related manner restraining or coercing employees in the
exercise of their rights guaranteed in Section 7 of the Act.
B. Take the following affirmative action which is necessary to effectuate the
policies of the Act:
(1) Jointly and severally, with Shure-Richardson, Inc., and in the manner set
forth in the portion of the Trial Examiner's Decision entitled "The Remedy," make
whole the following employees for any loss of pay they suffered because of the
discrimination against them:
James T. Berry Wilfred K. Weber
William W. Copeland Ray L. Weiler
John P. Pickert
(2) Post at its business office copies of the attached notice marked "Appendix
D."8 Copies of such notice, to be furnished by the Regional Director for the
Fourteenth Region, shall, after being duly signed by a representative of Local 562,
be posted immediately upon receipt thereof, and be maintained by it for 60 consecu-
tive days thereafter, in conspicuous places, including all places where notices to its
members are customarily posted. Reasonable steps shall be taken by Local 562 to
insure that said notices are not altered, defaced, or covered by any other material.
(3) Post at the same places and under the same conditions as set forth in (2),
above, as soon as they are forwarded by the Regional Director, copies of the attached
notice marked "Appendix B."
(4) Mail to the Regional Director for the Fourteenth Region, signed copies .of the
attached notices marked "Appendix D" for posting by Shure-Richardson, Inc.
8 See footnote 4, supra.
P See footnote 5, supra.
8 See footnote 4, supra.
1302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Copies of said notice, to be furnished by the Regional Director, shall, after being
signed by representatives of Local 562, be returned forthwith to the Regional Director
for such posting.
(5) Notify the Regional Director for the Fourteenth Region, in writing, within
20 days from the date of receipt of this Decision and Recommended Order, as to
what steps have been taken to comply herewith .9
B See footnote 5, supra.
APPENDIX A
Nonmembers of Local 562 laid off by Daugherty on June'21 or 24, 1963:
Charles A. Balch James J. Halloran Joseph W. Mager
John H. Balch Wray W. Hambrick Saro Mantia
John E. Choate John Laben Hawn Walter R. Marks, Jr.
Chris J. Clohessy Ernest J. Henard Gilbert H. Maune
Edwin L. Copeland Lloyd Issac Kellett Robert S. Mikel
Ernest Milton Davis John P. Kilker Otto R. Newman
Lee Donatt John S. Kline Eugene P. Rogers
Harry L. Fisher Vernon R. Kratzer Charles R. Stahlheber
Cornelius E. Fitzgerald Paul J. Leisure Russell J. Sutton
William T. Fogarty John J. Lucas Joseph R. Weaver
APPENDIX B
NOTICE TO ALL EMPLOYEES
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 encourage membership in Local 562, United' Association of
Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the
United States and Canada, AFL-CIO, by discharging or otherwise discriminat-
ing against any employee in regard to tenure of employment.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
employees in the exercise of their rights to self-organization, to form, join, or
assist any labor organization, to bargain collectively through representatives of
their own choosing, to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection, or to refrain from engaging in any
or all such activities, except to the extent that such rights may be affected by
an agreement requiring membership in a labor organization, as authorized in
Section 8(a) (3) of the Act.
WE WILL, with Local 562, jointly and severally make the following employees
whole for any loss of earnings suffered as a result of the discrimination against
them:
James T. Berry Wilfred K. Weber
William W. Copeland Ray L. Weiler
John P. Pickert
All our employees are free to become, remain, or to refrain from becoming or
remaining, members of the above-named union or any other labor organization,
except to the extent that this right may be affected by an agreement in conformity
with Section 8 (a) (3) of the Act, as amended.
SHURE-RICHARDSON, INC.,
Employer.
Dated------------------- By-------------------------------------------
(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:
Employees may communicate directly with the Board's Regional Office, 4459
Federal Building, 1520 Market Street, St. Louis, Missouri, Telephone No. Main
2-4142, if they have any questions concerning this notice or compliance with its
provisions.
DAUGHERTY COMPANY, INC. 1303
APPENDIX C
NOTICE To ALL EMPLOYEES
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, we hereby notify you that:
WE WILL NOT encourage membership in Local 562, United Association of
Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the
United States and Canada, AFL-CIO, by discharging or otherwise discriminat-
ing against any employee in regard to tenure of employment.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
our employees in the exercise of their right to self-organization, to form, join,
or assist any labor organization, to bargain collectively through representatives
of their own choosing, or to engage in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection, or to refrain from
any or all such activities except to the extent that such right may be affected
by an agreement requiring membership in a labor organization as a condition
of employment, as authorized by Section 8(a)(3) of the Act.
WE WILL make the following employees whole for any loss of earnings
suffered as a result of the discrimination against them:
Charles A. Balch James J. Halloran Joseph W. Mager
John H. Balch Wray W. Hambrick Saro Mantra
John E. Choate John Laben Hawn Walter R. Marks, Jr.
Chris J. Clohessy Ernest J. Henard Gilbert H. Maune
Edwin L. Copeland Lloyd Issac Kellett Robert S. Mikel
Ernest Milton Davis John P. Kilker Otto R. Newman
Lee Donatt John S. Kline Eugene P. Rogers
Harry L. Fisher Vernon R. Kratzer Charles R. Stahlheber
Cornelius E. Fitzgerald Paul J. Leisure Russell J. Sutton
William T. Fogarty John J. Lucas Joseph R. Weaver
WE WILL offer to reinstate any of the above-named employees to whom we
have not already made bona fide offers of reinstatement, discharging if necessary,
employees hired on or after June 17, 1963. Insofar as work is not available
under those terms for any of the above-named employees, we will place them
on a preferential hiring list.
All our employees are free to become, remain, or to refrain from becoming or
remaining members of the above-named or any other labor organization, except to
the extent that this right may be affected by an agreement in conformity with
Section 8 (a) (3) of the Act, as amended.
DAUGHERTY COMPANY, INC.,
Employer.
Dated------------------- By-------------------------------------------
(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.
Employees may communicate directly with the Board's Regional Office, 4459 Fed-
eral Building, 1520 Market Street, St. Louis, Missouri, Telephone No. Main 2-4142,
if they have any questions concerning this notice or compliance with its provisions.
APPENDIX D
NOTICE TO ALL EMPLOYEES OF LOCAL 562 AND TO ALL EMPLOYEES OF
SHURE-RICHARDSON, INC.
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby notify you that:
WE WILL NOT cause, or attempt to cause, Shure-Richardson, Inc., or any other
employer to discriminate against any employee in violation of Section 8(a) (3
of the Act.
WE WILL NOT in any like or related manner restrain or coerce employees in
the exercise of rights guaranteed by Section 7 of the Act, except to the extent
that such rights may be affected by an agreement requiring membership in a
labor organization as a condition of employment, as authorized by Section
8(a)(3) of the Act.
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL jointly and severally, with Shure-Richardson , Inc., make the fol-
lowing employees whole for any loss of pay they may have suffered as a result of
their unlawful layoff.
James T. Berry Wilfred K. Weber
William W . Copeland Ray L. Weiler
John P . Pickert
LOCAL 562, UNITED ASSOCIATION OF JOURNEYMEN AND AP-
PRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY
OF THE UNITED STATES AND CANADA, 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 , defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 4459
Federal Building , 1520 Market Street, St. Louis, Missouri , Telephone No. Main
2-4142, if they have any questions concerning this notice or compliance with its
provisions.
Flomatic Corporation and Lodge No. 1588, International Asso-
ciation of Machinists, AFL-CIO. Case No. 3-CA-2090. June 30,
1964
DECISION AND ORDER
On February 26, 1964, Trial Examiner Horace A. Ruckel issued his
Decision in the above-entitled proceeding, finding that the Respondent
had not engaged in the unfair labor practices alleged in the complaint
and recommending that the complaint be dismissed, as set forth in the
attached Trial Examiner's Decision. Thereafter, the General Counsel
and the Union each filed exceptions to the Trial Examiner's Decision
with a supporting brief, and the Respondent filed an answering brief
in opposition.
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 Members
Fanning 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 Trial Ex-
aminer's Decision, the exceptions and briefs, and the entire record in
this case, and hereby adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner except to the extent inconsistent herewith.
The Trial Examiner found, and we agree for the reasons given
below, that the Respondent did not refuse to bargain with the Union
since about March 25, 1963, in violation of Section 8 (a) (5) of the Act..'
However , in view of our recent decision in Bernet Foam Products Co., Inc., 146 NLRB
1277, wherein the Board reversed Louis Aiello, et at ., d/b/a Aiello Dairy Farms, 110
NLRB 1365 , we find no merit in the Respondent ' s contention that the Union by its partici-
pation in a Board election on May 2, 1963 , was foreclosed from thereafter filing an
8(a)(5) charge.
147 NLRB No. 143.