Electrical Workers, Local 1

National Labor Relations Board - Board Decisions

May 3, 1967

164 N.L.R.B. 313 (N.L.R.B. 1967)

ELECTRICAL WORKERS , LOCAL 1 313
International Brotherhood of Electrical
Workers, Local 1, AFL-CIO (E. Smith
Plumbing Company); Pipefitters
Local562 , United Association of
Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the
United States and Canada , AFL-CIO;
Local 36 , Sheet Metal Workers'
International Association , AFL-CIO;
Building and Construction Trades Council
of St . Louis, AFL-CIO;' Local 42, Laborers'
International Union of North America,
AFL-CIO and Robert F. Hoel and National
Association for the Advancement of Colored
People
Building and Construction Trades Council of
St. Louis, AFL-CIO (E. Smith Plumbing
Company ) and Congress of Independent
Unions, Local No. 99 . Cases 14-CC-348, 349,
350, 352, 358, 357, and 359.
May 3, 1967
DECISION AND ORDER
On August 17, 1966, Trial Examiner
Horace A. Ruckel issued his Decision in this
proceeding , finding that Respondents had engaged
in and were engaging in certain unfair labor
practices and recommending that they cease and
desist therefrom and take certain affirmative action,
as set forth in the attached Trial Examiner's
Decision . Thereafter , exceptions and supporting
briefs were filed by the General Counsel and the
NAACP; the Trades Council and Pipefitters filed
joint cross-exceptions and a supporting brief; IBEW
and Sheet Metal Workers filed joint cross-
exceptions and an answering brief; and the NAACP
filed a request for oral argument.'
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 and the entire record in these
cases, including the exceptions, cross-exceptions,
and briefs, and hereby adopts the findings,
conclusions,; and recommendations of the Trial
Examiner, with the following modifications.'
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor
Relations Board adopts as its Order the
Recommended Order of the Trial Examiner and
hereby orders that the Respondents , International
Brotherhood of Electrical Workers, Local 1,
AFL-CIO; Pipefitters Local 562, United Association
of Journeymen and Apprentices of the Plumbing and
Pipefitting Industry of the United States and
Canada , AFL-CIO; Local 36, Sheet Metal Workers'
International Asociation , AFL-CIO; Local 42,
Laborers' International Union of North America,
AFL-CIO; and Building and Construction Trades
Council of St. Louis, AFL-CIO, their officers,
agents, and representatives, shall take the action set
forth in the Trial Examiner's Recommended Order,
as herein modified:
1. Delete paragraph 1 and substitute the
following:
"1. Cease and desist from engaging in, or
inducing or encouraging any individual employed by
Hoel-Steffen Construction Company, Sachs Electric
Company, St. Louis Sheet Metal Company, Lorain
Engineering Company, or any other person engaged
in commerce , or in an industry affecting commerce,
to engage in, a strike or a refusal in the course of his
employment to perform services for his respective
employer , or threatening , coercing , or restraining
the above -named employers , or any other person or
employer engaged in commerce , or in an industry
affecting commerce, where in either case an object
thereof is to force or require them, or any of them, to
i Herein the Trades Council
2 The request for oral argument is hereby denied as, in our
opinion, the issues and the positions of the parties are adequately
presented by the exceptions , cross - exceptions, briefs, and the
entire record in these cases
3 The name of Respondent, Local 36, Sheet Metal Workers'
International Association, is hereby added to those listed by the
Trial Examiner in paragraph 1, under "Conclusions of Law" in his
Decision.
4 The Trial Examiner without comment found the Trades
Council to be a labor organization within the meaning of the Act
The Trades Council excepts to this finding on the ground of an
earlier decision (Monsanto Chemical Company, 119 NLRB 69), in
which it was found that this same Trades Council was not then a
labor organization within the meaning of the Act The Trades
Council is composed of delegates elected by each of its affiliated
labor organizations The "statement of policy" issued by the
Trades Council on December 27, 1965, was pursuant to a
unanimous vote of the affiliates (including a delegate of each
Respondent Local) present at a regular meeting The policy stated
by the Trades Council was adhered to rigidly by its affiliates The
Trades Council in the instant cases demonstrated clearly that it
was dealing directly with the employers herein with regard to a
condition of employment ( i e , the presence of non -AFL-CIO
members on the )ob) We find it sufficient that the Trades Council
is the organization through which the affiliated crafts function as a
unit, and find that it is a labor organization within the meaning of
the Act Though we feel the factors relied upon here differ from
those relied upon in the Monsanto case, supra, to the extent that
Monsanto is inconsistent with our Decision herein , we overrule it.
See Alton - Wood River Building & Construction Trades Council,
144 NLRB 260, 266.
The General Counsel excepts to the Trial Examiner 's failure to
recommend a broader Order herein , we find merit in this
exception The statement of policy ( referred to above ) proclaimed
that "Since the inception the [Trades Council] and its
affiliated local unions have adhered to the policy and practice of
not working on construction projects unless 100% AFL-CIO "
The "inception" was approximately 1910 We can conceive of no
more generalized scheme than that; in view of the blanket policy
statement , the prohibited conduct here found is likely to recur
We shall therefore broaden the Trial Examiner 's Recommended
Order
We do not adopt or rely upon the extraneous observations made
by the Trial Examiner in the first two sentences of In 3 of his
Decision.
164 NLRB No. 40
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cease doing business with E . Smith Plumbing
Company, or any other person or employer engaged
in commerce that does not employ members of
unions affiliated with the AFL-CIO."
2. In the notice attached to the Trial Examiner's
Decision marked "Appendix," delete the paragraph
that starts with the words "WE WILL NOT ... and
substitute the following:
WE WILL NOT engage in, or induce or
encourage any individual employed by Hoel-
Steffen Construction Company, Sachs Electric
Company, St. Louis Sheet Metal Company,
Lorain Engineering Company, or any other
person engaged in commerce , or in an industry
affecting commerce , to engage in, a strike or a
refusal in the course of his employment to use,
manufacture , transport , process, or otherwise
handle or work on any goods , articles, materials,
or commodities , or to perform any services; nor
will we threaten , coerce, or restrain Hoel-
Steffen Construction Company, Sachs Electric
Company, St. Louis Sheet Metal Company,
Lorain Engineering Company, or any other
person or employer engaged in commerce, or in
an industry affecting commerce , where in either
case an object thereof is to force or require
them , or any of them , to cease doing business
with E . Smith Plumbing Company, or any other
person or employer engaged in commerce that
does not employ members of unions affiliated
with the AFL-CIO.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
HORACE A. RUCKEL, Trial Examiner: This case comes
before me upon a consolidated complaint of unfair labor
practices issued on February 11, 1966, by the General
Counsel of the National Labor Relations Board, herein
called the Board, acting through its Regional Director for
Region 14 (St. Louis, Missouri), against International
Brotherhood of Electrical Workers, Local 1, AFL-CIO
(herein called the Electricians); Pipefitters Local 562,
United Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United States
and Canada, AFL-CIO (herein called the Plumbers);
Local 36, Sheet Metal Workers' International Association,
AFL-CIO (herein called Sheet Metal Workers); Building
and Construction Trades Council of St. Louis, AFL-CIO
(herein called the Council); and Local 42, Laborers'
International Union of North America, AFL-CIO (herein
called the Laborers). The complaint is based upon charges
filed in January 1966, by Robert F. Hoel (herein called
Hoel), by National Association for the Advancement of
Colored People (herein called NAACP), and by Congress
of Independent Unions (herein called CIU), and alleges
that Respondents have engaged in unfair labor practices
affecting commerce, within the meaning of Section
8(b)(4)(i) and (ii)(B) and Section 2(6) and (7) of the National
Labor Relations Act, as amended (29 U.S.C. Sec. 151, et
seq.), herein called the Act. Respondents filed answers
denying the commission of any unfair labor practices.
Pursuant to notice a hearing was conducted at St. Louis,
Missouri, on May 19 and 20, 1966, at which all parties were
present and represented by counsel. At its conclusion the
parties waived oral argument. The General Counsel has
filed a brief.
Upon the entire record in the case and from my
observation of the witnesses, I make the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYERS
1. E. Smith Plumbing Company (herein called Smith) is
engaged in St. Louis, Missouri, as a plumbing contractor
in the building and construction industry and is a member
of the Midwest Contractors Association for purposes of
collective bargaining . Midwest represents its employer
members for purposes of collective bargaining with labor
organizations concerning wages, hours, terms and
conditions of employment of the employees of the
employer members of Midwest. During the year previous
to the issuance of the complaint, members of Midwest
have collectively purchased, transferred, and delivered to
their business locations in the State of Missouri, goods and
materials valued in excess of $50,000 either directly from
points outside Missouri, or from enterprises located in
Missouri, which have received said goods and materials
directly from States other than the State of Missouri.
2. Hoel-Steffen Construction Company (herein called
Hoel-Steffen), is engaged in business in St. Louis,
Missouri, as a general construction contractor. Hoel-
Steffen has a contract with the United States Department
of Interior, National Park Service, an agency of the United
States Government, to perform certain construction work
in the Visitors Center at the Gateway Arch Project. In the
performance of this contract, Hoel-Steffen has
subcontracted portions of the work to E. Smith Plumbing
Company, Sachs Electric Company, and St. Louis Sheet
Metal Company, which in turn have further subcontracted
some of the work to Lorain Engineering Company.
In the performance of the contract and subcontracts,
Hoel-Steffen, Smith, Sachs, Sheet Metal Company, and
Lorain have brought or will bring to the Arch jobsite, goods
and materials from outside the State of Missouri, valued in
excess of $50,000. These employers are persons engaged
in the building and construction industry, an industry
affecting commerce.
II. THE LABOR ORGANIZATION INVOLVED
Electricians, Plumbers, Sheet Metal Workers, and
Laborers are labor organizations admitting employees of
the employers to membership. Respondent Council is a
labor organization within the meaning of Section 2(5) of the
Act. It has been acting, and acts, on its own behalf and as
an agent of its constituent labor organizations, including
Electricians, Plumbers, Sheet Metal Workers, and
Laborers.
III. THE UNFAIR LABOR PRACTICES
The Arch
This case arises from the establishment at St. Louis of
the Jefferson National Expansion Memorial in conjunction
with the 200th anniversary of the founding of the city.
Prominent as a feature of the Memorial stands the Arch, at
its apex some 600 feet above ground level. It is a national
ELECTRICAL WORKERS , LOCAL 1 315
park installation , and like other features of the Memorial it
is being erected with the financial help of the Federal
Government . One of the conditions of this help, as
expressed in Executive Order 11246, is that there shall be
equal employment opportunity afforded to all persons on
the project . In the context of this case , this means that
contracts shall be awarded and employees hired without
regard to race or color . Obtaining compliance with
Executive Order 11246 is the function of the Office of
Federal Contract Compliance, in the United States
Department of Labor.
The construction contract for work on the Visitors
Center, a feature of the Arch, was entered into on
October 19, 1965, between the United States Department
of the Interior , National Park Service, and Hoel-Steffen,
the successful bidder . The awarding of the contract to
Hoel-Steffen, and the awarding by Hoel-Steffen of
subcontracts , was delayed , however , because of the
difficulty in convincing the Office of Contract Compliance
that work on the Arch would be performed without
discrimination , in conformity with Executive Order 11246.
On November 15, at the urging of Bi-State Development
Company which was to operate the train to be installed in
the legs of the Arch, a meeting was convened in the office
of Leroy Brown , superintendent of the Park Service,
attended by Brown , W. W. Zenfell, area coordinator for
the contract compliance section , Robert Hoel , president of
Hoel-Steffen , Joseph Cousin , secretary-treasurer of
Building and Construction Trades Council of St. Louis,
and others.
At the meeting Zenfell explained that Executive Order
11246 required that the general contractor , in this instance
Hoel-Steffen , take "affirmative action " to insure equal
employment opportunity for work on the Arch. This,
according to Zenfell , had not been done . A discussion
followed as to the categories of work at which Negro
workers might be employed, and E . Smith Plumbing
Company, a small company owned by a Negro and
employing Negro plumbers, was suggested. It was
recognized by those present that Smith 's plumbers were
not members of the Plumbers Local 562, affiliated with the
AFL-CIO, one of the Respondents herein, but, perversely,
were members of Local 99 , affiliated with the Congress of
Independent Unions, one of the Charging Parties.
Boyajean , deputy compliance officer for the Department
of Interior , asked Cousin, "Will the AFL people work with
a CIU plumber if he is employed on the job ?" Cousin's
answer was , "No, definitely not." With that, the meeting
broke up.
Two or three weeks after this meeting Hoel-Steffen
subcontracted the plumbing work in the Visitors Center at
the Arch to Smith , who, along with his other two plumbers,
the first part of December began preliminary work on the
jobsite . This immediately came to Cousin's attention, and
on December 21, he talked with Zenfell and told him that,
as a result of awarding the plumbing subcontract to Smith,
"there might be some trouble down on the project," that
the Building and Trades Council was " unhappy" about it,
and he reminded Zenfell of his, Cousin 's, declaration at
the November meeting that the AFL-CIO union members
would not work alongside Smith's employees. He asked
Zenfell to see Superintendent Brown and persuade him to
get Smith to surrender his contract . This, Cousin said,
would "solve the situation ." Zenfell refused . Two days
later Cousin got in touch with James Brotherton,
administrative officer for the Memorial , employed by the
National Park Service, and told him that he was
"concerned" that Hoel-Steffen had awarded the plumbing
subcontract to a "CIU outfit," and asked "if there was
anything the National Park Service could do to get Smith
to withdraw from the contract , or to get Hoel-Steffen to
prevail upon Smith to do so." Brotherton said there was
not, and reminded Cousin of Executive Order 11246.
Thus rebuffed, but rallying , the Building. and
Construction Trades Council on December 17 drafted the
following statement of policy:
Statement of Policy Adopted By the Building
and Construction Trades Council of St. Louis
Since the inception of the Building and
Construction Trades Council of St. Louis, an affiliate
of the Building and Construction Trades Department,
AFL-CIO, and its affiliated local unions and their
members have adhered to the policy and practice of
not working on construction projects unless the
journeymen workers, apprentices and their helpers
employed thereon are 100% AFL-CIO....
It has now come to the attention of the affiliated
membership of the Council that the interior work on
the Gateway Arch will not be entirely performed by
workers who are AFL-CIO.
As a consequence , the Building and Construction
Trades Council of St . Louis announces that the rank
and file members of its affiliated local unions do not
desire to accept employment on the Gateway Arch
interior finishing project , and hereby informs the
general contractor , sub-contractors and all others
concerned with the finishing of the Arch's interior
that they should make arrangements to perform the
work in question by construction workers they can
obtain from any other available source.
This announcement is being made by the
undersigned in accordance with the instructions and
orders given them as the officers of the Building and
Construction Trades Council of St. Louis by the
unanimous vote of the delegates of its affiliated local
unions at a special meeting of said Council held on
December 21. 1965.1
The Statement of Policy was mailed to Hoel-Steffen, the
National Park Service, and various subcontractors on the
Ach project , and widely disseminated on radio and
television, by Arthur Hunn , president of the Council.
The success of the Council , representing the several
crafts who are Respondents in this case , and of the agents
of the crafts themselves in their joint effort to boycott
agencies of the United States Government , the general
contractor , and the subcontractors on the Arch , became
apparent on January 7, 1966. Donald Schubert , project
manager for Hoel-Steffen , the general contractor, arrived
at the jobsite early that morning after having notified
St. Louis Sheet Metal Company , which had the sheet
metal contract , and Lorain Engineering Company, which
I At this meeting representatives of all the Respondents were
present. Again, on January 14 , the Council 's members voted
unanimously to stand on their action taken on December 21,
regarding the Arch.
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
had a plumbing contract ,2 to have workers on the job that
day. Observing that there were no lights in the
underground area of the Arch where Hoel's work on the
Visitors Center was to be performed , Schubert asked one
Dilge, general foreman for Sachs who had the electrical
subcontract , and Sparks , an employee of Sachs, to turn
the switch so that the sheet metal workers and the
plumbers could see to do their work , and to continue with
the installation of temporary lighting. Both refused, Dilge
stating that he would "just as soon not work with a
contractor [Smith] who was not a member of the Building
Trades Council ." Both these electricians , however,
performed electrical work on the jobsite that day for other
contractors who employed members of AFL-CIO crafts.
Later the same morning Gene Korn , employed by
St. Louis Sheet Metal , arrived , as did Jim Roach and
Elmer Gibling , plumbers employed by Lorain Engineering
Company. All three men told Schubert that they did not
want to work on the project with plumbers who were not
members of the AFL-CIO Building Trades Council, and
they did not. As to the Laborers, Willie West, a laborer
member of Local 110, and a regular employee of Hoel-
Steffen , asked Schubert to assign him to some other job,
and Schubert did so. West's credited, undisputed
testimony is that on the previous day John Shehane,
business representative for Respondent Local 42 of the
Laborers , while checking the union cards of the laborers,
asked him if any members of the CIU were on the job,
saying that the Trades Council had "gotten together" and
had voted "not to work with CIU people." The "CIU
people" on the job at the time were Elisha Smith himself,
and Oliver Parker , one of his employees.
The result of the refusal of the AFL-CIO electricians to
furnish lighting , and of the sheet metal workers, the
plumbers, and the laborers to work alongside Smith, was
that work on the Ach was suspended . It remained so until
February 7, when the United States District Court
enjoined the Respondents from continuing to boycott
agencies of the Government , Hoel-Steffen , and the various
subcontractors . In compliance with the injunction, the
Building and Construction Trades Council notified its
affiliated unions that its Statement of Policy on
December 27 was disavowed and withdrawn. The
electricians turned on the lights at the Arch , and the sheet
metal workers , plumbers, and laborers, together with
Elisha Smith and his two Negro plumbers, reappeared and
performed the services required of them. The Arch was
completed.
Conclusions
The above findings of fact are based upon the credited,
uncontroverted testimony of witnesses called by the
General Counsel, and documentary evidence sponsored by
them, as well as upon stipulations of fact by counsel. No
witnesses were called by the Respondents.
The record leaves no doubt, indeed it proclaims, that
immediately it became known that some of the work on the
Arch would have to be performed by a subcontractor
employing Negro workers, to demonstrate compliance,
even though only a token compliance, with Executive
Order 11246, and that these workers would not be
affiliated with the AFL-CIO,3 representatives of the
AFL-CIO crafts, including officers of the Building and
Construction Trades Council of St. Louis, made known
their determination to frustrate such an outcome,
Executive Order 11246 to the contrary notwithstanding.
And, it may be added, regardless of the proscriptions of
the Act.
When Hoel-Steffen subcontracted the plumbing work to
E. Smith Plumbing Company with its three Negro
plumbers, representatives of Respondent lost no time in
bringing pressure to bear on the National Park Service, an
agency of the United States Government, and on Hoel-
Steffen, Sachs Electric, St. Louis Sheet Metal, and Lorain
Engineering, to force them to cease doing business with
Smith, though Respondents had no labor dispute with
these companies. Cousin, acting for the Council and its
affiliated craft members, at the meeting on November 15,
1965, flatly warned that members of these crafts would
"definitely" not work with any CIU plumber. On
December 21, Cousin threatened Zenfell with "trouble"
because of the award of the plumbing contract to Smith.
On December 27, in a letter to the craft unions in question
and to the various subcontractors, the Council even more
explicitly threatened to strike unless the work at the
Visitors Center was "entirely performed" by members of
the AFL-CIO. Widespread publicity was given this
decision in the newspapers and on television and radio
for the evident purpose of alerting every craftsman in the
area not to accept work at the Visitors Center so long as
Smith was employed there.
When on January 7, Smith and one of his employees
showed up at the jobsite, the other employees,
electricians, plumbers, sheet metal workers, and laborers,
made good this threat and struck.
I find that the above-described activities of Respondents
had the purpose and effect of threatening the employees of
the employers herein, and forcing them to cease doing
business with E. Smith Plumbing Company. Such
activities are clearly interdicted by Section 8(b)(4)(i) and
(ii)(B) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The conduct of Respondents occurring in connection
with the activities of Hoel-Steffen, National Park Service,
Smith Plumbing, Sachs, St. Louis Sheet Metal, and Lorain
Engineering, as set forth above, has a close, intimate, and
substantial relationship to trade, traffic, and commerce
among the several States and tends to lead and has led to
labor disputes burdening and obstructing the free flow of
commerce.
V. THE REMEDY
Having found that Respondents have violated Section
8(b)(4)(i) and (ii)(B) of the Act, it will be recommended that
2 A plumbing contract , that is , for plumbing work in addition to
that to be done by Smith
7 They would lack this affiliation not because of any
unwillingness on their part to become members of these unions,
but, generally speaking , because of the failure of craft unions in
the past to furnish a meaningful number of Negro workers
apprenticeship training sufficient to permit them to become
journeymen plumbers, and to make them eligible for union
membership It has been seen what efforts representatives of the
Federal Government and the general contractor exerted to find
even a token number of qualified Negro plumbers Even so,
Oliver Parker , one of Smith 's two employees , testified that he had
not yet finished his apprenticeship to become a journeyman
plumber. The record is silent as to the status of the other of
Smith's employees . Smith , himself, was a master plumber
ELECTRICAL WORKERS , LOCAL 1 317
it cease and desist therefrom . and that it take certain
affirmative action designed to effectuate the policies of the
Act.
CONCLUSIONS OF LAW
1. International Brotherhood of Electrical Workers,
Local 1, Pipefitters Local 562, United Association of
Journeymen and Apprentices of the Plumbing and
Pipefitting Industry of the United States and Canada,
Local 42, Laborers International Union of North America,
and Building and Construction Trades Council of
St. Louis, all affiliated with AFL-CIO, are labor
organizations within the meaning of the Act.
2. Smith, Hoel-Steffen, Sachs, Sheet Metal Company,
and Lorain are employers engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
3. By (a) engaging in a strike, and inducing and
encouraging employees of Smith, Hoel-Steffen, Sachs,
Sheet Metal Company, Lorain, and other employers to
engage in a strike or a refusal in the course of their
employment to perform services for their respective
employers, and (b) threatening, coercing, or restraining
Hoel-Steffen, Sachs, Sheet Metal Company, and Lorain
with an object of forcing or requiring these employers to
cease doing business with Smith, Respondent has engaged
in unfair labor practices comprehended by Section
8(b)(4)(i) and (ii)(B) of the Act.
4. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of
Section 2(6) and (7) of the Act.
customarily posted. Reasonable steps shall be taken by
Respondents to insure that said notices are not altered,
defaced, or covered by any other material.
(b) Sign and mail sufficient copies of said notice to the
Regional Director for Region 14, for posting by E. Smith
Plumbing Company. Hoel-Steffen Construction Company,
Sachs Electric Company, St. Louis Sheet Metal Company,
and Lorain Engineering Company, if willing, at all
locations where notices to their employees are customarily
posted.
(c) Notify the Regional Director for Region 14, in
writing, within 20 days from the date of the receipt of this
Decision, what steps Respondent has taken to comply
herewith.5
IT IS FURTHER RECOMMENDED that unless Respondent
shall within 20 days from the receipt of this Decision notify
said Regional Director in writing that it will comply with
the foregoing recommendations, the National Labor
Relations Board issue an Order requiring it to take the
aforesaid action.
4 In the event that this Recommended Order is adopted by the
Board, the words "a Decision and Order" shall be substituted for
the words "the Recommended Order of a Trial Examiner" in the
notice In the further event that the Board's Order is enforced by
a decree of a United States Court of Appeals, the words "a Decree
of the United States Court of Appeals Enforcing an Order" shall
be substituted for the words "a Decision and Order "
In the event that this Recommended Order is adopted by the
Board, this provision shall be modified to read "Notify said
Regional Director, in writing, within 10 days from the date of this
Order, what steps Respondent has taken to comply herewith "
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and
conclusions of law, and upon the entire record, it is
recommended that Local 36, Sheet Metal Workers'
International Association, International Brotherhood of
Electrical Workers, Local 1, Pipefitters Local 562, United
Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United States
and Canada, Local 42, Laborers' International Union of
North America, and Building and Construction Trades
Council of St. Louis, their officers, agents,
and representatives, shall:
1. Cease and desist from:
(a) Engaging in, or inducing or encouraging the
employees of the above-named employers to engage in, a
strike or a refusal in the course of their employment to
perform services for their respective employers.
(b) Threatening, coercing, or restraining these
employers, or any other person or employer, where in
either case an object thereof is to force or require them to
cease doing business with E. Smith Plumbing Company.
2. Take the following affirmative action designed to
effectuate the policies of the Act:
(a) Post at the business offices and meeting halls of
each of the aforesaid labor organizations, copies of the
attached notice marked "Appendix."4 Copies of said
notice, to be furnished by the Regional Director of
Region 14, after being duly signed by authorized
representatives of Respondents, shall be posted by them
immediately upon receipt thereof, and be maintained for
60 consecutive days thereafter, in conspicuous places,
including all places where notices to members are
APPENDIX
NOTICE TO ALL MEMBERS OF INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1,
AFL-CIO , PIPEFITTERS LOCAL 562, UNITED
ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF
THE PLUMBING AND PIPEFITTING INDUSTRY OF THE
UNITED STATES AND CANADA , AFL-CIO, LOCAL 36,
SHEET METAL WORKERS' INTERNATIONAL
ASSOCIATION , AFL-CIO, LOCAL 42, LABORERS'
INTERNATIONAL UNION OF NORTH AMERICA,
AFL-CIO , AND ' BUILDING AND CONSTRUCTION
TRADES COUNCIL OF ST. LOUIS , AFL-CIO.
Pursuant to the Recommended Order of a Trial
Examiner of the National Labor Relations Board, and in
order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that:
WE WILL NOT engage in, or induce or encourage
any individual employed by Hoel-Steffen
Construction Company, Sachs Electric Company,
St. Louis Sheet Metal Company, or Lorain
Engineering Company, to engage in, a strike or a
refusal in the course of his employment to use,
manufacture, transport, process, or otherwise handle
or work on any goods, articles, materials, or
commodities, or to perform any services, nor will we
threaten, coerce, or restrain Hoel-Steffen
Construction Company, Sachs Electric Company,
St. Louis Sheet Metal Company, or Lorain
Engineering Company, where in either case an object
thereof is to force or require these companies to cease
doing business with E. Smith Plumbing Company.
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS
LOCAL 1, AFL-CIO
(Labor Organization)
Dated By
(Representative ) (Title)
PIPEFITTERS LOCAL 562,
UNITED ASSOCIATION OF
JOURNEYMEN AND
APPRENTICES OF THE
PLUMBING AND PIPEFITTING
INDUSTRY OF THE UNITED
STATES AND CANADA,
AFL-CIO
(Labor Organization)
Dated By
(Representative ) (Title)
LOCAL 36, SHEET METAL
WORKERS' INTERNATIONAL
ASSOCIATION , AFL-CIO
(Labor Organization)
Dated By
(Representative ) (Title)
LOCAL 42, LABORERS
INTERNATIONAL UNION OF
NORTH AMERICA , AFL-CIO
(Labor Organization)
Dated By
(Representative ) (Title)
BUILDING AND
CONSTRUCTION TRADES
COUNCIL OF ST . LOUIS,
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.
If members have any question concerning this notice or
compliance with its provisions, employees may
communicate directly with the Board 's Regional Office,
1040 Boatman 's Bank Building , 314 North Broadway,
St. Louis, Missouri 63102 , Telephone 622-4167.