148 N.L.R.B. 1648 (N.L.R.B. 1964)

Glaziers' Local Union No. 513, Etc.

National Labor Relations Board - Board DecisionsOct 13, 1964

148 N.L.R.B. 1648 (N.L.R.B. 1964)

1648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Glaziers ' Local Union No. 513, affiliated with Brotherhood of Painters, Decoratois and Paperhangeis of America , AFL-CIO and Cupples Products Corporation . Case No 14-CC-263 Octo- ber 13, 1964 DECISION AND ORDER Upon charges duly filed by Cupples Pioducts Corporation, herein called Cupples, the Geneial Counsel of the National Labor Relations Board by the Regional Director for Region 14, issued a complaint dated Februaiy 26, 1964, against Glaziers' Local Union No 513, affili- ated with Brotherhood of Painters, Decorators and Paperhangers of America, AFL-CIO, herein called Respondent, alleging that Re- spondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8(b) (4) (r) and (ii) (B) and Section 2(6) and (7) of the Act Copies of the charge, complaint, and notice of hearing were served upon Respondent and the Charging Party On Maich 20, 1964, the Regional Directoi issued an order i ndefi- nitel y postponing the hearing Thei eaftei , on April 8,1964, all parties to this proceeding entered into a stipulation of the record whereby they agreed that the charge, complaint, and stipulation shall consti- tute the entire record in the case By this stipulation, the parties waived a hearing before a Trial Examiner, the making of findings of fact and conclusions of law by a Trial Examiner, and the issuance of a Trial Examiner's Decision They agreed to submit the stipulated record directly to the Board for findings of fact, conclusions of law, and a Decision and Order By an order dated April 13, 1964, the Board approved the stipula- tion and transferred the case to itself Thereafter, the General Counsel filed a brief Upon the basis of the stipulation and the entire record in the case, the Board makes the following FINDINGS OF FACT I TIIE BUSINESS OF THE COMPANY Cupples is engaged in the manufacture of preglazed windows and doors Its factory and office is located at 2650 South Hanley Road, Richmond Heights, Missouri In the operation of its business, Cup- ples annually ships goods valued in excess of $50,000 from its plant to points outside the State of Missouri At all times material herein, Cupples was engaged in supplying Len A Maune (hereinafter called Maune), a wholesaler engaged in the distribution of prefabricated metal windows, with preglazed windows for installation at a motel being constructed in St Louis County at Lindbergh and Old St. 148 NLRB No 161 GLAZIERS' LOCAL UNION NO 513, ETC 1649 Charles Rock Roads Manna had coati acted with Rosenbloom Con- struction Company (heieinaftei called Rosenbloom), the building contractor, to supply the windows for the project Rosenbloom sub- contracted ceitain other constinction work at the pio]ect to Turken Plumbing Company, S C Sachs Co, Inc, and Harold Giau (her e- inaftei called Turken, Sachs, and Gi au, sespectir ely) The parties admit, and we find on the basis of the foregoing facts, that Cupples is, and has been at all times material hciein, an em- ployee engaged in commerce within the meaning of Section 2(6) and (7) of the Act We also find, as admitted by the pasties, that Rosen- bloom, Truken, Sachs, and Gi au ale, and at all times relevant ha\ e been, persons engaged in an i ndustiy affecting commerce II I HE L 1P,O1i ORG 1X 1 / 1 1 ION INN OLVED Respondent is, and at all times material herein has been, a labor organization within the meaning of Section 2(5) of the Act ITT THE UNFAIR LABOR PR kciicrs About January 8, 1964, Action Floyd, Respondent's business repie- sentative, aseeitamecl that pieglazed windrows manufactured by Cup- ples, a nonunion manufactuiei, were being supplied by Maune to Rosenbloom foi installation at the motel jobsite On January 16 Floyd told members of Respondent at its monthly meeting that lie was placing an "infoimation picket' at the construction site On January 21 Floyd also informed the Building and Construction Tiades Council as well as the Carpenters District Council of Re- spondent's intention to establish an "informational" picket Picket- ing began at the motel jobsite on January 22 and continued until February 20, with a picket sign beaimg the following legend Notice to public The pieglazed sash being used on this piol- ect was manufactured by employees ieceiving substandard wages and conditions being paid in the industry This picket for infor- mation purposes only Glaziers and Glass Woikeis Local Union No 513, AFL-CIO The picketing with this sign, which made no mention of Cupples by name, caused an electrician employed by Sachs as well as plumbers and a hoisting engi neei einploned by Tuiken to refuse to work at the )obsite for the duiation of the picketing In addition, a plumbing eompanv employee refused to dehvei supplies to the psolect At no time were employees of Cupples employed at the jobsite Diu mg the picketing, Attoiney Bartley, appal ently representing Rosenbloom, asked Floyd what could be clone to remove the picket line Floyd iepliecl that the picketing was merely "informational" 700-5 77-65-vol 148-105 1650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and that there was no need for a meeting with Rosenbloom He also advised Bartley that "Rosenbloom was using pieglazed sash and it was because of this we put up the informational picket" and that "we'd be happy to remove the picket" if prevailing wage scales and area working conditions were received by Cupples' employees The General Counsel contends that Respondent's picketing of the construction site was in support of an object proscribed by the Act and that Respondent thereby violated Section 8(b) (4) (1) and (ii) (B) of the Act We agree Respondent's entire explanation for its picketing is to be found in the stipulated facts recited above Its position appears to be that it was engaged in infoiniational picketing directed solely to the public We believe, however, that the object of the picketing was to induce and encourage employees on the project to engage in a refusal to work and to coerce and restrain their employers, none of whom was party to a dispute with the Respondent, all for the purpose of forcing Rosenbloom to cease using the preglazed windows manufactured by Cupples with nonunion employees In reaching this conclusion we find the following considerations compelling Respondent gave ad- vance notice to the Building and Construction Trades Council and the Carpenters District Council of its plan to picket the lobsite Thereafter, as noted above, when the picketing began, and so long as it lasted, employees refused to work at the lobsite The Respondent, in its communications to the aforementioned labor organization made references to "informational" picketing, but the stipulation shows no action taken by Respondent after the picketing began to forestall employee refusals to cross the picket line or to urge those who refused to work to return to their jobs It is significant, too, that the picket sign failed even to mention the name of the manufacturer who, it said, maintained substandard wages and conditions of employment In the circumstances, it is difficult to understand how the public could have responded to the appeal which was allegedly directed to it Indeed, it nowhere appears and no explanation is offeied as to what in fact the public was expected to do, or could have done, to assist in correcting working conditions at Cupples' plant which pro- duces windows and doors used in construction Upon these considerations, and the fact that conditions allegedly existing at the Cupples plant sparked the picketing, we conclude that an object of the picketing was to induce and encourage employees at the jobsite to refuse to work and to apply pressure against neutral persons for the purpose of forcing Rosenbloom to stop using the products of Cupples, in violation of Section 8(b) (4) (r) and (ii) (B) GLAZIERS ' LOCAL UNION NO. 513 , ETC. 1651 IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES ON COMMERCE The activities of Respondent set forth in section III, above, occur- ring in connection with the operations 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 the Respondent has engaged in unfair labor practices, we shall order it to cease and desist therefrom and to take certain affirmative action designed to effectuate the policies of the Act. Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the Board makes the following: CONCLUSIONS or LAW 1. Cupples Products Corporation, Rosenbloom Construction Com- pany, Turken Plumbing Company, S. C. Sachs Co., Inc., and Harold Grau, are persons engaged in commerce or in an industry affecting commerce within the meaning of Section 2(6) and (7) of the Act. 2. Glaziers' Local Union No. 513, affiliated with Brotherhood of Painters, Decorators and Paperhangers of America, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. By inducing or encouraging individuals employed by persons engaged in commerce or in an industry affecting commerce to engage in a strike or refusal to, perform services, and by coercing or restrain- ing persons engaged in commerce or in an industry affecting com- merce, with an object of forcing or requiring Rosenbloom to cease doing business with Cupples, Respondent has violated 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 the Act. ORDER Pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Respondent, Glaziers' Local Union No. 513, affiliated with Brother- hood of Painters, Decorators and Paperhangers of America, AFL- CIO, its officers, agents, and representatives, shall: 1. Cease and desist from engaging in, or inducing or encouraging individuals employed by Rosenbloom Construction Company, Turken Plumbing Company, S. C. Sachs Co., Inc., and Harold Grau, or any 760-577-65-vol. 148-106 1652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD other person engaged in commerce or in an industry affecting com- merce, to engage in a strike or a refusal in the course of their employ- ment to use, manufacture, process, transport, or otherwise handle work on any goods, articles, materials, or commodities, or to perform any services; and from threatening, coercing, or restraining the above-named employers or any other person engaged in commerce or in an industry affecting commerce; when in either case an object thereof is to force or require Rosenbloom or any other person to cease doing business with Cupples Products Corporation. I 2. Take the following affirmative action which is necessary to effectuate the policies of the Act : (a) Post in Respondent's business offices and meeting, halls in St. Louis, Missouri, copies of the attached notice marked "Appendix."' Copies of said notice, to be furnished by the Regional Director for Region 14, shall, after being duly signed by Respondent's authorized representative, be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to its mem- bers are customarily posted. Reasonable steps shall be taken by Respondent 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 each of the employers named in the preceding paragraphs, if willing, at all places where notices to their respective employees are customarily posted. (c) Notify the Regional Director for Region 14, in writing, within 10 days from the date of this Order, what steps the Respondent has taken to comply herewith. i In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "a Decision and Order" the words "a Decree of the United States Court of Appeals, Enforcing an Order " APPENDIX NOTICE TO ALL MEMBERS OF GLAZIERS' LOCAL UNION No. 513, Ar- FILIATED WITH BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, AFL-CIO, AND ALL EMPLOYEES OF ROSENBLOOM CONSTRUCTION COMPANY, TURKIN PLUMBING COM- PANY, S. C. S ACHS CO., INC., AND HAROLD GRAU Pursuant to a Decision and Order 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 a strike, or induce or encourage indi- viduals employed by Rosenbloom Construction Company, Turk- KENNECOTT COPPER CORP. (CHINO MINES DIVISION) 1653 en Plumbing Company, S. C. Sachs Co., Inc., and Harold Grau, 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 their employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, materials, arti- cles, or commodities, or to perform any services, nor will we threaten, coerce, and restrain the above-named Employers, or any other person, where an object thereof is to force or require Rosenbloom, or any other person, to cease doing business with Cupples Products Corporation. GLAZIERS' LOCAL No. 513, AFFILIATED WITH BROTH- ERHOOD OF PAINTERS, DECORATORS AND PAPER- HANGERS OF A âIERICA, 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 Regional Office, 4459 Federal Building, 1520 Market Street, St. Louis 3, Missouri, Telephone No. Main 2-4158, if they have any question con- cerning this notice or compliance with its provisions. .Kennecott Copper Corporation ( Chino Mines Division) and International Association of Machinists , AFL-CIO Kennecott Copper Corporation ( Chino Mines Division) and International Brotherhood of Boilermakers , Iron Ship Build- ers, Blacksmiths , Forgers & Helpers , Local 632, AFL-CIO. Cases Nos. 28-CA-958 and 28-CA-961. October 13, 1964 DECISION AND ORDER On January 6, 1964, Trial Examiner Martin S. Bennett issued his Decision in the above-entitled case, 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 his attached Decision. Thereafter, the General. Counsel and the Respondent filed exceptions to the Trial Examiner's Decision and supporting briefs. 148 NLRB No. 169.