IBEW, Local 480

National Labor Relations Board - Board Decisions

Jun 26, 1968

172 N.L.R.B. 413 (N.L.R.B. 1968)

IBEW , LOCAL 480 413
International Brotherhood of Electrical Workers,
Local 480, AFL-CIO and Gulf Coast Building
and Supply Company , Inc. Case 15-CC-302
June 26, 1968
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On January 24, 1968, Trial Examiner Sydney S.
Asher, Jr., issued his Decision in the above-entitled
proceeding , finding that Respondent had engaged
in certain unfair labor practices within the meaning
of the National Labor Relations Act, as amended,
and recommending that it cease and desist
therefrom and take certain affirmative action, as set
forth in the attached Trial Examiner 's Decision.
Thereafter, Respondent filed exceptions to the
Trial Examiner 's Decision and a supporting brief,
and the General Counsel filed cross-exceptions and
a brief in support thereof.
Pursuant to the provisions of Section 3(b) of the
Act, the National Labor Relations Board has
delegated its powers in connection with this case to
a three-member panel.
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
briefs , and the entire record in the case , and hereby
adopts the findings , conclusions , and recommenda-
tions of the Trial Examiner.'
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the Recom-
mended Order of the Trial Examiner and hereby
orders that Respondent , International Brotherhood
of Electrical Workers, Local 480, AFL-CIO, its of-
ficers , agents , and representatives , shall take the ac-
tion set forth in the Trial Examiner 's Recom-
mended Order.
' In affirming the Trial Examiner 's finding of an 8(b)(4)(B ) violation, we
do not , in the circumstances of this case , rely on his conclusion that
evidence of Respondent 's unlawful object was reflected in the fact that
Respondent 's picketing did not conform to the standards set forth in
Sailor 's Union of the Pacific, AFL (M«ue Dry Dock Company), 92 NLRB
547, in that Respondent "did not seek permission from Gulf Coast (the
general contractor ) to picket inside the Tracetown project closer to where
Gulf Electric 's employees were working."
Member Fanning , in agreeing that Respondent violated Section
8(b)(4)(i) and ( ii)(B) of the Act, relies only on evidence that Respon-
dent's pickets induced McCullough, an employee of a neutral employer, to
refuse to cross the picket line. See his general views as expressed in Interna-
tional Brotherhood of Electrical Workers, Local Union No. II ( General
Telephone Company of California), 151 NLRB 1490, fn . 4, and Interna-
tional Brotherhood of Electrical Workers, Local Union No. I I (L. G. Electric
Contractors, Inc.), 154 NLRB 766, 769.
172 NLRB No. 64
TRIAL EXAMINER'S DECISION
SYDNEY S . ASHER , JR., Trial Examiner : On March
28, 1967, Gulf Coast Building and Supply Com-
pany, Inc., Mobile , Alabama, herein called Gulf
Coast, filed charges against International Brother-
hood of Electrical Workers, Local No. 480,
AFL-CIO, Jackson , Mississippi , herein called the
Respondent . Amended charges were filed on July
25, 1967. On August 22, 1967, the General Coun-
sel of the National Labor Relations Board issued a
complaint against the Respondent alleging that
since on or about February 28, 1967, Respondent
has induced and encouraged employees of Gulf
Coast, Wood Mechanical Contractors, Delta Steel
Company, and other persons, to engage in strikes,
and has threatened Gulf Coast, Wood Mechanical
Contractors, Delta Steel Company, and other per-
sons; and that an object of this conduct is to force
or require Gulf Coast, Wood Mechanical Contrac-
tors, Delta Steel Company, and other persons to
cease doing business with Gulf Electric Construc-
tion Company, Inc., herein referred to as Gulf Elec-
tric. It is alleged that such conduct violates Section
8(b)(4)(i) and (ii )(B) of the National Labor Rela-
tions Act, as amended (29 U.S.C. Sec. 151, et seq.),
herein called the Act. Thereafter, the Respondent
filed an answer denying most of the material allega-
tions of the complaint.
Pursuant to notice, a hearing was held before me
on October 9, 10, and 11, 1967, at Jackson, Missis-
sippi .' All parties were represented and were af-
forded an opportunity to participate fully in the
hearing. Since the close of the hearing all parties
have filed briefs, which have been duly considered.
Upon the entire record in this case , including my
observation of the witnesses, I make the following:
FINDINGS OF FACT
1. THE BOARD 'S JURISDICTION
Gulf Coast Building and Supply Company , Inc., is
an Alabama corporation with its principal office
and place of business in Mobile , Alabama, where it
is engaged in commercial and residential construc-
tion. It is the general contractor for the construc-
tion of the Tracetown Shopping Center located in
Natchez , Mississippi , herein called the Tracetown
project . During the 12-month period preceding Au-
gust 22, 1967, Gulf Coast purchased materials
valued at more than $50,000, which were shipped
directly to it at the Tracetown project from points
outside the State of Mississippi.
At all material times, Gulf Electric Construction
Company , Inc., a Florida corporation, herein called
Gulf Electric, has performed work at the
Tracetown project pursuant to a subcontract with
' Immediately prior to the opening of the hearing , with the consent of all
parties , a preheating conference was held at Jackson , Mississippi. All
parties were represented and were afforded an opportunity to participate
fully therein
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gulf Coast , for which services Gulf Electric has
received or will receive during a 12-month period
beginning in February 1967 in excess of $100,000.
At all material times, Wood Mechanical Contrac-
tors, herein called Wood , and Delta Steel Com-
pany, herein called Delta , have performed work at
the Tracetown project pursuant to subcontracts
with Gulf Coast . Both Wood and Delta are, and at
all material times have been , engaged in the build-
ing and construction industry.
In view of the above facts , it is concluded that
Gulf Coast and Gulf Electric are, and at all material
times have been , engaged in commerce within the
meaning of Section 2(6) and ( 7) of the Act.
II. THE RESPONDENT AND ITS AGENTS
The complaint alleges , the answer admits, the
Board has found ,2 and it is now found that the
Respondent is, and has at all material times been, a
labor organization within the meaning of Section
2(5) of the Act. The complaint alleges , the Respon-
dent admitted at the prehearing conference, and it
is found that John L . Erickson is , and at all material
times has been , business manager of the Respon-
dent and its agent within the meaning of Section
2(13) of the Act.
The complaint alleges and the answer denies that
Herbert Robinson , Jeff Laird , and Richard Walters
are, and at all material times have been , authorized
pickets and agents of the Respondent within the
meaning of the Act. Erickson admitted that the
Respondent authorized the picketing described
hereafter, and that Robinson , Laird , and Walters
were paid by the Respondent to conduct such
picketing . Accordingly , in agreement with the com-
plaint , it is found that , at all material times, Robin-
son, Laird , and Walters were agents of the Respon-
dent within the meaning of the Act.3
111. THE UNFAIR LABOR PRACTICES
A. Events
The complaint alleges , the answer admits, and it
is found that , at all material times , the Respondent
was engaged in a labor dispute with Gulf Electric. It
had no labor dispute with Gulf Coast or any em-
ployers engaged in work at the Tracetown project
other than Gulf Electric.
On February 28, 1967, the Respondent began
picketing the only entrance to the Tracetown pro-
ject . The picket bore a sign reading:
NO DISPUTE WITH
ANY OTHER EMPLOYER
I.B.E.W. LOCAL 480
PROTESTS
SUB STANDARD
WAGES AND
CONDITIONS
OF
GULF ELECTRIC CONSTR . CO., INC.
ELECTRICAL CONTR.
NO DISPUTE WITH
ANY OTHER EMPLOYER
Some employees of neutral subcontractors, in-
cluding some of Wood's employees , refused to
cross the picket line . Other employees crossed the
picket line and went to work inside the Tracetown
project.
On either March 15 or March 304 Gulf Coast
opened a new " south gate" to the Tracetown pro-
ject . It bore a sign reading:
South gate . Gulf Electric Construction Com-
pany , Inc. This entrance reserved for em-
ployees of, and carriers of suppliers making
deliveries to, Gulf Electric Construction Com-
pany, Inc.
At the same time , a sign was placed over the
original gate which read:
North gate . This entrance reserved for em-
ployees of, and carriers and suppliers making
deliveries to [here some names were listed.]
Employees of carriers and suppliers making
deliveries to Gulf Electric Construction Com-
pany prohibited from using this gate. Em-
ployees or carriers of suppliers making delive-
ries to Gulf Electric Construction Company
must use south gate.
There was also an arrow pointing toward the south
gate. Upon the establishment of the south gate, the
picket moved from his former location to the new
south gate . While the south gate was in existence,
no picketing was conducted at the north gate. In
early June Gulf Coast demolished the "south gate,"
leaving the original gate as the sole remaining en-
trance to the project . The Respondent 's picket then
returned to the position he had occupied before the
"south gate " had been opened.
The picketing ceased on June 23 . All in all, there
was picketing at one gate or the other continuously
from February 28 until June 23 , except for part of
the day on March 22 . Throughout this period the
employees of Gulf Electric continued to work at
the Tracetown project behind the picket line.
B. Violation of Section 8(b)(4)(i)(B)
1. Inducement and encouragement
a. Contentions of the parties
The complaint alleges that , since on or about
February 28, 1967, the Respondent "has induced
' International Brotherhood of Electrical Workers, Local 480 ( Vickers,
Inc., Div. of Sperry Rand), 156 NLRB 629, 630.
3 The complaint alleges , and the answer denies , that certain other in-
dividuals were agents of the Respondent. I find it unnecessary to decide
these issues.
' All dates herein refer to the year 1967
IBEW , LOCAL 480 415
and encouraged .. . employees of Gulf Coast,
Wood Mechanical Contractors , Delta Steel Com-
pany, and other persons to refuse to perform ser-
vices for their respective employers and to engage
in work stoppages ... has picketed or caused to be
picketed the Tracetown [project] , and has ordered,
directed , instructed , requested , and appealed to the
[said] employees ... to refuse to perform services
and to cease work for their respective employers."
The answer denies these allegations.
b. From February 28 to March 15 or 30
The Board has held
picketing at the secondary employer 's premises
alone is not per se "inducement or encourage-
ment" within the meaning of clause (i).
Whether picketing constitutes "inducement or
encouragement " of employees of secondary
employers to engage in work stoppages or
refusals to perform services is an issue to be
resolved in the light of all the evidence in a
particular case.5
What is the evidence here?
During the period from the commencement of
the picketing until the opening of the new "south
gate," the Respondent placed a picket at the only
entrance to the project then in existence . This was
the entrance through which employees of neutral
employers entered the jobsite.
Clayton Spillman , business representative of
Laborer's Local 747 in Natchez , testified:
Q. Is it customary in this area for one build-
ing trades union to honor the other building
trades picket line?
A. I am sure that it is.
And Erickson admitted on cross-examination:
Q. (By Mr. Darby) What was the policy that
you thought that existed among the building
and trades unions and their members?
A. It is ... common knowledge that most
craftsmen that belong to the building trades, or
individual craft unions do not cross the picket
signs if it is by another craft , or even by their
own building and trades.
The correctness of the . views thus expressed by
Spillman and Erickson is attested to by the fact that
the Respondent 's picketing at the entrance to the
Tracetown project did, indeed , keep some em-
ployees of neutral employers from performing work
behind the picket line . But this was not all. On
March 1 Walter McCullough, a truckdriver em-
ployed by Delta, arrived at the Tracetown project
with a truckload of steel consigned to Gulf Coast.
The truck bore Delta 's name on its side . Seeing two
pickets at the entrance, McCullough stopped his
truck, got down, and approached them on foot. He
testified:
TRIAL EXAMINER: Did you talk to both of
them?
THE WITNESS: Yes, Sir.
TRIAL EXAMINER: So the three of you put
your heads together, or did you talk to them
individually?
THE WITNESS: No, sir, I tried to talk to them
individually. And I just told them that-when I
walked up there, they just told me not to cross
the picket line. [Emphasis supplied.]
From this it is concluded that the Respondent's
pickets, Robinson, Laird, or Walters, orally ap-
pealed to McCullough, an employee of a neutral
employer making a delivery to a neutral employer,
not to cross the picket line. For these reasons, it is
found that during this period the Respondent in-
duced and encouraged employees of neutral em-
ployers to engage in a work stoppage.
c. From early June to June 23
In early June , when the new "south gate" was
demolished , the picket returned to his original posi-
tion at the only remaining entrance to the project.
As they had all along, employees of neutral em-
ployers, of necessity, utilized this entrance-the
only one left. Thus, as before , the picketing in-
duced and encouraged these employees not to cross
the picket line. But the pickets did not only carry a
sign . During this period , upon instructions of
Erickson, they also maintained a written record of
the identity of individuals and the license numbers
of vehicles crossing the picket line. Such recording
constituted additional inducement and encourage-
ment of employees of neutral employers not to
cross the picket line .6
2. Object
a. Contentions of the parties
The complaint alleges that "[a]n object [of the
inducement and encouragement ] was and is to
force or require Gulf Coast , Wood Mechanical
Contractors , Delta Steel Company , and other per-
sons ... to cease doing business with Gulf Elec-
tric ." In his brief, the General Counsel contends:
"A brief review of ... the record as a whole will
reveal a scheme on the part of [ the] Respondent to
force Gulf Coast and other persons to cease doing
business with Gulf Electric."
° Upholsterers Frame & Bedding Workers Twits City Local No. 61, af-
filiated with Upholsterers' International Union of North America, AFL-CIO
(Minneapolis House Furnishing Company and L. S. Donaldson Company),
132 NLRB 40, 41. See also Local 459, International Union of Electrical,
Radio and Machine Workers, AFL-CIO (Friden, Inc and Novelty Veiling
Co, Inc ), 134 NLRB 598, 599 But compare International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, Over-the-
Road and City Transfer Drivers, Helpers, Dockmen and Warehousemen,
Local No 41, A. F of L., 96 NLRB 957, 958, and Local No. 25, Bakery &
Confectionery Workers International Union of America, AFL-CIO (King's
Bakery, Inc.), 116 NLRB 290, 293
s 1 need not , and do not, decide whether , as the General Counsel and
Gulf Coast contend, such listing was engaged in even before the establish-
ment of the new "south gate " Nor need I decide whether the Respondent
induced or encouraged employees of neutral employers not to work in the
project during the period when the separate "south gate" was in existence
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The answer denies the allegations of the com-
plaint . Pointing out in its brief that "the picketing
at all times was conducted in keeping with the
Moore Dry Dock standards" and that "While impor-
tant , the location of the union 's activities is not
conclusive ," the Resgondw& -eonter>ds that the
General Counsel has failed to prove "that the ob-
jectives of Local 480 were to compel Gulf Coast to
cease doing business with Gulf Electric."
b. Conclusions
The United States Court of Appeals for the
Second Circuit, speaking through Judge Moore,
recently stated:
In determining the objectives of Local 25, the
Board is entitled to look to the totality of the
union 's conduct, and it is not bound by the
union 's signs or professed object in picketing.
[Cases cited .] The fact that the union might
have had other, valid reasons for picketing-
e.g., to enforce area standards -does not ab-
solve it from having an illegal objective.7
Applying that principle to the instant case, the
record herein contains clear and convincing
evidence that an object of the Respondent's con-
duct was proscribed by Section 8(b)(4)(ii)(B) of
the Act.
1. Where, as here , a common situs is involved,
the Board in Moore Dry Dock' laid down certain
standards to aid in determining whether picketing is
primary or secondary. One standard is that picket-
ing "limited to places reasonably close to the loca-
tion of the situs" may be considered primary. Here,
however , Erickson admittedly did not seek permis-
sion from Gulf Coast to picket inside the
Tracetown project closer to the place where Gulf
Electric 's employees were working. Thus, the possi-
bility that neutrals would become involved was
enhanced.'
2. The executive board of the Respondent met
on March 15. The minutes of this meeting contain
the following entry under the heading "Business
Manager reports":
Our sister local, No #605 has crossed our
picket line on the Natchez Miss.Tracetown
Shopping Center job.
In addition, Erickson admitted reporting to the
Respondent 's members or executive board that
members of the Plumbers Union were working be-
hind the picket line. (As Gulf Electric was the elec-
trical subcontractor , these plumbers presumably
worked for a neutral employer.) This reveals the
Respondent 's interest in keeping employees of
neutral employers from working inside the
Tracetown project.
3. On the morning of March 22, at Worley's
request , Erickson temporarily removed the picket.
That night a regular meeting of the Respondent's
membership was held . The minutes contain the fol-
lowing entry:
Bro. Erickson reported on results of picket on
Natchez Tracetown job. Wood Mechanical &
Electrical has been awarded the electrical
labor on this job.
Erickson admitted that he had spoken to Worley on
the telephone earlier that day, and that he informed
the membership at the meeting that the picket had
been removed . On the basis of these admissions and
the above-quoted entry in the minutes , 10 it is con-
cluded that Erickson took down the picket line
temporarily that day because he understood
(rightly or mistakenly ) that Gulf Coast had
awarded or would award to Wood (a firm with
which the Respondent had a collective -bargaining
contract ) all the electrical work previously subcon-
tracted to Gulf Electric; in short , that Gulf Electric
would be eliminated from the Tracetown project.
4. On the morning of March 23 Bruce Worley,
assistant vice president of Gulf Coast, J. B. Flem-
ing, an official of Gulf Electric, and Paul Gilmet,
Gulf Electric's general superintendent , conferred
with Erickson in Worley's trailer . Worley, on behalf
of Gulf Coast, offered : " From now on we will pay
the union wage scale to Mr. Fleming 's men . We will
maintain the working standards , whatever they
are." He asked : "would this satisfy Mr. Erickson's
requirements?" Erickson was noncommittal. Flem-
ing "offered to sign an agreement with Mr.
Erickson , a working agreement for that job only."
Erickson declined . On March 25, in a telephone
conversation with Dixon Pyles, Esq., the Respon-
dent 's attorney , Worley repeated his offer to pay
the electricians employed at the Tracetown project
"the union wage rate [ and] we would abide by any
established working condition ." Pyles promised "to
look into it."" Worley heard nothing more con-
cerning his offer or Fleming's. Pickets remained
posted at the jobsite for approximately 3 months
thereafter . This indicates the Respondent 's lack of
interest in obtaining area wages and working condi-
tions for Gulf Electric's employees.
5. A prehearing statement given by Erickson to a
Board agent was put into evidence. It contains the
following paragraph:
During our conversation in Worley's trailer
on the morning of the 23rd , some one either
Worley or Fleming asked me for a copy of our
' N.L.R.B . v. Local 25, International Brotherhwrd of Electrical Workers,
AFL-CIO [Emmett Electric Co . J, 383 F . 2d 449 ,453 (C.A. 2).
"Sailors ' Union of the Pacific, AFL (Moore Dry Dock Company), 92
NLRB 547.
° Teamsters Local Union No. 408 (Chas. S. Wwxl & Co.), 132 NLRB 117,
125.
11 Erickson testified that the entry was erroneous . I do not credit this on-
corroborated testimony.
11 The findings regarding the March 23 meeting and the March 25
telephone conversation are based upon Worley 's testimony . It is found
that , during the March 25 telephone conversation, Pyles was an agent of
the Respondent acting within the scope of his authority to receive commu-
nications from Worley regarding this labor dispute.
IBEW , LOCAL 480
contract so that they could look it over and see
what the area scale and working conditions
were. I told them I would give them one. How-
ever, I never did.
Moreover, Erickson admitted that, before establish-
ing the picket line, he had made no attempt to con-
tact any official of Gulf Electric. This further un-
derscores the Respondent's apathetic attitude
toward securing standard wages and working condi-
tions for employees of Gulf Electric.
It may be that the protection and maintenance of
area standards was one of the objects of the
Respondent's conduct, but in my opinion it clearly
was not the sole object. Consideration of the five
factors discussed above convinces me that an ob-
ject of the picketing was to put pressure upon Gulf
Coast, a neutral, so that it would cancel its contract
with Gulf Electric, the primary employer, and the
latter firm would be banished from the Tracetown
project. Such an attempt to enmesh Gulf Coast in a
dispute not of its own making violates Section
8(b)(4)(i)(B) of the Act.12
C. Violation of Section 8(b)(4)(ii)(B)
The complaint alleges that since on or about
February 28, the Respondent "has threatened,
coerced, and restrained Gulf Coast, Wood, Delta,
and other persons" and that an object of this con-
duct "was and is to force or require Gulf Coast,
Wood Mechanical Contractors, Delta Steel Com-
pany, and other persons ... to cease doing business
with Gulf Electric." The answer denies these allega-
tions.
It is found that by picketing from February 28 to
March 15 or 30, and from early June to June 23,
which caused employees of neutrals to withhold
their services, by appealing to McCullough not to
cross the picket line, and by maintaining a written
record from early June to June 23 of the identity of
individuals and the license numbers of vehicles
crossing the picket line, the Respondent
threatened, coerced, and restrained Gulf Coast,
Wood, and Delta, all of whom were engaged in
commerce or in an industry affecting commerce. 13
For reasons set forth above, it is concluded that an
object of this conduct was to force or require Gulf
Coast to cease doing business with Gulf Electric.
Accordingly, this conduct was proscribed by Sec-
tion 8(b)(4)(ii)(B) of the Act."
Upon the above findings of fact and upon the en-
tire record in this case, I make the following:
is The General Counsel and Gulf Coast contend that many other matters
(including the fact that before the picket line was established Erickson
notified officials of other unions in the Natchez area of his plan) prove the
illegal object of the picketing However , I base my finding only on the five
enumerated factors . I deem it unnecessary to decide whether other facts
also support the conclusion reached , as such decisions would merely be cu-
mulative and would not alter the recommendation which I make herein.
Local 171, United Brotherhood of Carpenters and Joiners of America,
AFL-CIO (Joseph J Bancs, d/b/a Bancs Floor Covering), 167 NLRB 981;
and Building and Construction Trades Council of Fond du Lac County, et al.
(Roger W. Peters Construction Co., Inc.), 168 NLRB 606, fn. 1.
CONCLUSIONS OF LAW
417
1. Gulf Coast Building and Supply Company,
Inc., Gulf Electric Construction Co., Inc., Wood
Mechanical Contractors, and Delta Steel Company
are, and at all material times have been, engaged in
commerce or in an industry affecting commerce
within the meaning of Section 2(6) and (7) of the
Act.
2. International Brotherhood of Electrical Wor-
kers, Local 480, AFL-CIO, is, and at all material
times has been, a labor organization within the
meaning of Section 2(5) of the Act.
3. By inducing and encouraging individuals em-
ployed by persons engaged in commerce or in an
industry affecting commerce to engage in a strike
or refusal to perform services, with an object of
forcing or requiring Gulf Coast Building and Supply
Company, Inc., to cease doing business with Gulf
Electric Construction Co., Inc., the Respondent has
engaged in and is engaging in unfair labor practices
within the meaning of Section 8(b)(4)(i)(B) of the
Act.
4. By coercing or restraining persons engaged in
commerce or in an industry affecting commerce,
with an object of forcing or requiring Gulf Coast
Building and Supply Company, Inc., to cease doing
business with Gulf Electric Construction Co., Inc.,
the Respondent has engaged in and is engaging in
unfair labor practices within the meaning of Section
8(b)(4)(ii)(B) of the Act.
5. The above-described unfair labor practices
tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of commerce,
and constitute unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7)
of the Act.
Upon the basis of the above findings of fact and
conclusions of law, and upon the entire record in
this case, I make the following:
RECOMMENDED ORDER
It is recommended that International Brother-
hood of Electrical Workers, Local 480, AFL-CIO,
Jackson , Mississippi , its officers , agents, and
representatives , shall:
1. Cease and desist from:
(a) Engaging in, or inducing or encouraging any
person engaged in commerce or an industrustry af-
fecting commerce , other than Gulf Electric Con-
struction Co., Inc ., to engage in, a strike or refusal
IS See Asbestos Workers Local Union No. 16 (Cal-Neva Insulation Coin-
pany), 163 NLRB 511.
14 The General Counsel produced evidence tending to show that on
March 6 Riddle and Hale, masonry contractors , entered the Tracetown
project and that the picket told them "Don't cross the picket line " In his
brief, the General Counsel states : "The evidence does not support the al-
legation that the utterances directed toward Hale and Riddle constitute a
separate violation of Section 8(b)(4)(ii)(B ) of the Act and the General
Counsel does not seek a finding on this basis ." In view of this statement, I
place no reliance on this alleged incident in concluding that the Respon-
dent violated that section of the Act
354-126 O-LT - 73 - pt. 1 - 28
418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the course of their employment to perform any
services , where an object thereof is to force or
require Gulf Coast Building and Supply Company,
Inc., or any other person, to cease doing business
with Gulf Electric Construction Co., Inc.
(b) Threatening, coercing , or restraining any
person engaged in commerce or an industry affect-
ing commerce where an object thereof is to force
or require Gulf Coast Building and Supply Com-
pany, Inc., or any other person, to cease doing busi-
ness with Gulf Electric Construction Co., Inc.
2. Take the following affirmative action , which it
is.found will effectuate the policies of the Act:
(a) Post at its business offices and meeting halls
in Jackson, Mississippi , copies of the attached
notice marked "Appendix." 15 Copies of the said
notice , on forms provided by the Regional Director
for Region 15, after being duly signed by a
representative of the Respondent , shall be posted
by it immediately upon receipt thereof, and shall be
maintained for 60 consecutive days thereafter, in
conspicuous places, including all places where
notices to members are customarily posted.
Reasonable steps shall be taken by the Respondent
to ensure that said notices are not altered, defaced,
or covered by any other material.
(b) Sign and return copies of the said notice to
the said Regional Director for posting by Gulf
Coast Building and Supply Company, Inc., Wood
Mechanical Contractors, and Delta Steel Company,
should these companies be willing , at all places
where notices to their employees are customarily
posted.
(c) Notify the said Regional Director, in writing,
within 20 days from the receipt of this Decision,
what steps it has taken to comply herewith.16
"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 Ap-
peals 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."
APPENDIX
NOTICE TO ALL MEMBERS OF INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
480, AFL-CIO, AND TO EMPLOYEES OF FIRMS
WORKING ON, OR DELIVERING TO, THE TRACETOWN
SHOPPING CENTER IN NATCHEZ, MISSISSIPPI
Pursuant to the Recommended Order of a Trial
Examiner of the National Labor Relations Board
and in order to effectuate the policies of•the Na-
tional Labor Relations Act, as amended , we hereby
notify you that:
WE WILL NOT engage in, or induce or en-
courage any person engaged in commerce or
an industry affecting commerce , other than
Gulf Electric Construction Co., Inc., to engage
in, a strike or refusal in the course of their em-
ployment to perform any services , where an
object thereof is to force or require Gulf Coast
Building and Supply Company, Inc., or any
other person, to cease doing business with Gulf
Electric Construction Co., Inc.
WE WILL NOT threaten , coerce , or restrain
any person engaged in commerce or an indus-
try affecting commerce , where an object
thereof is to force or require Gulf Coast Build-
ing and Supply Company, Inc., or any other
person , to cease doing business with Gulf Elec-
tric Construction Co., Inc.
INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS,
LOCAL 480, AFL-CIO
(Labor Organization)
(Representative ) (Title)
Dated By
This notice must remain posted for 60 consecu-
tive days from the date of posting and must not be
altered , defaced, or covered by any other material.
If members or employees have any question con-
cerning this notice or compliance with its provi-
sions, they may communicate directly with the
Board's Regional Office, T6024 Federal Building
(Loyola), 701 Loyola Avenue, New Orleans, Loui-
siana 70113, Telephone 527-6361.