International Longshoremen's Assoc., Local 1410

National Labor Relations Board - Board Decisions

Jun 6, 1979

242 N.L.R.B. 807 (N.L.R.B. 1979)

INTERNATIONAL LONGSHOREMEN'S ASSOC.. LOCAL 1410
International Longshoremen's Association, AFL-CIO,
Local 1410 and Employer-Members of Mobile
Steamship Association and Ryan-Walsh Stevedor-
ing Company and International Longshoremen's As-
sociation, AFL-CIO, Local 1985. Case 15-CD-257
June 6, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING ANI) MEMBERS JENKINS
AND PENELLO
Upon a charge filed on March 2, 1978, and
amended on March 14, 1978, by Employer-Members
of Mobile Steamship Association, herein called
MSSA, and duly served on International Longshore-
men's Association, AFL-CIO, Local 1410, herein
called Local 1410 or Respondent, the General Coun-
sel of the National Labor Relations Board, by the
Regional Director for Region 15, issued a complaint
on September 18. 1978, alleging that Respondent has
engaged in and is engaging in unfair labor practices
affecting commerce within the meaning of Sections
8(b)(4)(D) and 2(6) and (7) of the National Labor
Relations Act, as amended. With respect to the unfair
labor practices, the complaint alleges in substance
that Respondent violated the Act by failing and re-
fusing to comply with the terms of the Board's Deci-
sion and Determination of Dispute in a 10(k) pro-
ceeding.' In its answer dated September 18, 1978,
Respondent denied the commission of any unfair la-
bor practices.
On November 21, 1978, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment, submitting that Respondent in
its answer raises no issues which were not previously
considered and decided by the Board in the 10(k) pro-
ceeding, and that Respondent is precluded from relit-
igating these matters. On December 4. 1978, Respon-
dent filed an opposition to the General Counsel's
Motion for Summary Judgment. On Dcember 5,
1978, the Board issued an order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion from Summary
Judgment should not be granted. On December 17.
1978, Respondent filed a response to the Notice To
Show Cause.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, includ-
ing the record in the 10(k) proceeding and the Board's
I International lIngShorelnn A 4iril aon.lln 41 ('10. loal 14/1 (En
plqver-Members o/ Alohilh Sarnthip 41oia no, 237 NLRH 1283 1978).
Decision and Determination of Dispute therein. the
Board makes the fllowing:
Ruling on the Motion for Summary Judgment
Pursuant to Section 10(k) of' the Act. following a
charge and amended charge filed by the Association
alleging that Respondent had violated Section
8(b)(4)(D) of the Act, a hearing was held on April 12,
13, 20, and 21, 1978. On August 25, 1978, the Board
issued a Decision and Determination of Dispute find-
ing that there was reasonable cause to believe that
Section 8(b)(4)(D) had been violated by Respondent
and that there was no agreed-upon method for the
voluntary settlement of the dispute to which all par-
ties were bound. Concluding therefore that it was not
precluded from making a determination of the merits
of the dispute within the meaning of Sections
8(b)(4)(ii)(D) and 10(k) of the Act, the Board decided
that the employees of the MSSA members. who are
represented by International Longshoremen's Associ-
ation, AFL CIO. Local 1985. herein called local
1985, were entitled to the work in dispute, rather than
employees represented by Respondent.
In its answer to the complaint. Respondent admits
that on September 11. 1978, it informed the Acting
Regional Director for Region 15 that it would not
comply with the Decision and Determination of Dis-
pute issued on August 25, 1978, but claims that the
Decision and Determination of Dispute was decided
erroneously and further denies that it has engaged in
conduct violative of Section 8(b)(4)(i) and (ii)(D) of
the Act.
The issues raised hb Respondent have been liti-
gated previously and there is no issue which is prop-
erly triable in this proceeding.2 As all material issues
have been decided previously by the Board, or are
admitted by Respondent's answer to the complaint.'
there are no matters requiring a hearing. Accordingl\.
the General ('ounsel's Motion for Summary Judg-
ment is granted.
2 ,ocal 41, Internalonal Brtherh,,,J ,!t .lel[,ri l 4Jr -rA/ - I ( 11
(I B ( o ,,/ ( alirti, , In ,, 2()05 NI RB 73 11'9713)
* In the I1k) proceeding. Resp,.nden. althoigh It contclnded Ih. it pck-
eling as in upport ot legitim.al¢ harg.lining nlltter .igrecd ih.tt the reard
contained "ample evidence toi sul.li .i1 tinding thl 're.soin.l e .ire' clhS
suficlen to gl.e the Board] uri dlitln to reso, e the rk a,,i gilment
dispute* In addition. in our [)ec iion and )eterminlition ot )pilute. hased
on the record testinlons and exhlhll , e ulnd th.at "althugh l ocal 1410
on lmlenced . strike galIrt Nl SS \ iii p.lrl n I.upp r ln 11 it, hrg.linling de-
m;lnds regarding economic ssues. tlhe prilr.lr; delnlnd I oa.11 1411t. {'itt-
standing at the time ol the strike. ssas the assignmnen o, the di puted uork to
L.,.al 1411)' members" Accordilng, an i i ole Respon dent is dnl ss, l1n
in its anu er Ihat ii ha, refused (o cormpIN iLth the Board' [)leioln .iln1
I)etetl nllnla ln 'I [)Dspute. e n ti d hat ,cai 14IJ 's cndit u.l ilnended o
foree and require NISSn mclier o It l*si gill 11 d uplllCled ark t elllp! *ees
represented h I.uual 1411. rliher than to emlp ecc' repiresclteml ho l ocal
1985. and heretore ,as for n ohieti pro rihed h , cl Sohn4nti)l the
cit
242 NLRB No. 130
807
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
MSSA is now, and has been at times material
herein, a nonprofit corporation authorized and exist-
ing under the laws of the State of Alabama, com-
posed of various classifications of membership,
among which are contract stevedoring companies
that collectively bargain as a multiemployer group
through MSSA. Those contract stevedoring compa-
nies, including Ryan-Walsh Stevedoring Company,
Inc., which are members of MSSA perform work re-
lating to the loading and unloading of cargo from
oceangoing vessels which call at the Port of Mobile.
On an annual basis, the value of services performed
by those contract stevedores which are members of
MSSA exceeds some $500,000. Accordingly, we find
that MSSA is engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act, and that it will
effectuate the purposes of the Act to assert jurisdic-
tion herein.
II. THE LABOR ORGANIZATIONS INVOLVED
International Longshoremen's Association, AFL-
CIO, Locals 1410 and 1985, are labor organizations
within the meaning of Section 2(5) of the Act.
11. THE UNFAIR LABOR PRACTICES
A. Background and Facts of the Dispute
At all times material herein, the employer-members
of MSSA have been engaged in stevedoring opera-
tions in the Port of Mobile, Alabama. Since the late
1930's, MSSA members have maintained a collective-
bargaining relationship with Local 1410 in a unit in-
cluding longshoremen. The contracts have histori-
cally provided that:
Longshore work shall constitute the leading and
discharging of all sea going vessels, sea going
barges, lash barges and seabee barges ....
Notwithstanding this language, in the 1950's. MSSA
members, began using floating cranes for the loading
and unloading of lash and seabee barges in the Port
of Mobile, and in the early 1960's they began using
shore-based cranes for the loading and unloading of
all types of vessels in the port. From the outset of the
use of cranes and continuing to date, the operation of
the cranes was assigned to employees who were, prior
to 1968, not represented by Local 1410. or by any
other labor organization. In 1968, Local 1410's Inter-
national Union organized the unrepresented employ-
ees of the MSSA members, including the crane opera-
tors, and was certified by the Board in a unit
including
All gearman, garagemen, equipment operators,
mechanics and helpers of the employer [MSSA]
Following certification, MSSA entered into successive
3-year collective-bargaining agreements for the above
unit, which was indentified, initially, as Local No.
1410 (Maintenance Division) and thereafter, after
being separately chartered by the International, as
Local 1985.
During the 1977-78 contract negotiations, Local
1410 demanded that its contract include the condition
that Local 1410 men would operate all shore-based
cranes when cranes are used to load or discharge car-
go on or from vessels or barges and that a Local 1410
man would operate the "Big Red" lift machine.
MSSA refused this demand, as well as a later demand
by Local 1410 which would require MSSA to em-
ploy a Local 1410 man whenever a new crane opera-
tor job became available. Further negotiations on this
issue were unsuccessful, and, on or about February
17, 1978, Local 1410 struck MSSA over unresolved
contract terms including, inter alia, the crane and
"Big Red" operator issues.4 On March 10, 1978,
MSSA and Local 1410 entered into a contract which
ended the strike, but contained a commitment from
MSSA to abide by any agreement between Local
1410 and Local 1985 that determines which of the
two Locals will have jurisdiction over employees as-
signed to future vacancies in the crane operator clas-
sifications. As of the date of the hearing in the 10(k)
proceeding, no such agreement had been reached be-
tween the two Locals.
B. The Determination of Dispute
On August 25. 1978, the Board issued its Decision
and Determination of Dispute assigning the work of
operating shore-based cranes at the Port of Mobile,
Alabama, and the operation of the Raygo Wagner
Port Packer (Big Red) when it is being used to stack
and unstack concrete housing modules in the storage
area at the Port of Mobile, Alabama, to employees
employed by members of MSSA and Ryan-Walsh
Stevedoring Company, Inc.. who are represented by
International Longshoremen's Association, AFL-
CIO. Local 1985. The Board also found that Respon-
dent was not entitled by means proscribed by Section
8(b)(4)(D) of the Act to force or require MSSA and
Ryan-Walsh Stevedoring Company to assign the dis-
puted work to employees represented by Local 1410.
' On February 27. 1978. Local 1410, over the signature of its president.
George Dixon. submitted a list of eight demands fior contract settlement to
MSSA. five of hich were directl5 related to the crane operator issue and/or
the "Big Red' lift machine.
808
INTERNATIONAL LONGSHOREMEN'S ASSOC., LOCAL 1410
C. Respondent's Refusal To Comply
On September 8, 1978, Respondent's attorney, on
behalf of Respondent, wrote the Acting Regional Di-
rector for Region 15, stating:
Please also be advised that ILA Local 1410
maintains now, as it has throughout these pro-
ceedings, that it has engaged in no unfair labor
practice in violation of Section 8(b)(4)(D) of the
Act or any other [sic], and does not agree with
the Board's determination regarding same. It
further disagrees with the Board's determination
that employers [sic] represented by Local 1985
are entitled to the work in dispute in this case.
On the basis of the foregoing, and the enire record
in this proceeding, we find, as described above, that
Respondent's conduct in seeking to force or require
the assignment of the work in dispute to employees
represented by it, rather than to employees represent-
ed by Local 1985, and Respondent's refusal to com-
ply with the Board's Decision and Determination of
Dispute violated Section 8(b)(4)(D) of the Act.5
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with the opera-
tions described in section I, above, have a close, inti-
mate, and substantial relationship 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 Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(b)(4)(D) of the Act, we shall order
that it cease and desist therefrom and take certain
affirmative action designed to effectuate the purposes
of the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CNCLUSIONS OF LAW
1. International Longshoremen's Association,
AFL-CIO, Local 1410, and International Longshore-
men's Association, AFL-CIO, Local 1985. are labor
organizations within the meaning of Section 2(5) of
the Act.
ILocal 40, Iniernautonal Brotherhood r( Eletirical UWorker .4 Fl.-C10
(F & BI/Ceco of Californi, Inc) spra, District 12. nited Idne Uo ters of
America and Local 2117. Lilted inc Workers ,! 4merii Code/IC, ( liruc-
tion Compoanv, Incorproraled). 238 NI.RB 1691 (1978)
2. The employer-members of Mobile Steamship
Association, including Ryan-Walsh Stevedoring
Company, Inc., are employers within the meaning of
Section 2(2) of the Act.
3. By refusing to comply with the Board's Decision
and Determination of Dispute and by attempting to
force or require the employer-members of IMSSA lo
assign the work of operating shore-based cranes at
the Port of Mobile, Alabama, and to operate the
Raygo-Wagner Port Packer (Big Red) owned by
Ryan-Walsh Stevedoring Company, Inc., when it is
being used to stack and unstack concrete housing
modules in the storage area at the Port of Mobile,
Alabama, to employees represented by International
Longshoremen's Association, Local 1410. Respon-
dent Local 1410 has engaged in unfair labor practices
within the meaning of Section 8(b)(4)(D) of the Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent. Inter-
national Longshoremen's Association, AFL-CIO.
Local 1410, Mobile, Alabama, its officers. agents. and
representatives, shall:
1. Cease and desist from refusing to compl1 with
the Board's Decision and Determination of Dispt,:
or otherwise threatening. coercing. or restraining the
employer-members of Mobile Steamship Association
or Ryan-Walsh Stevedoring Compan. Inc.. or an,
other person engaged in commerce or in an industry
affecting commerce where an object is to force or re-
quire the employer-members of Mobile Steamship
Association and/or RNan-Valsh Stevedoring Com-
pany, Inc., to assign the work of operating shore-
based cranes or the Raygo-Wagner Port Packer (Big
Red) when it is used to stack housing modules in the
storage area at the Port of Mobile. Alabama. to em-
ployees represented by Local 1410, rather than to em-
ployees represented by Local 1985.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Post, at its business offices and meeting halls.
copies of the attached notice marked "Appendix."
Copies of said notice, on forms provided hby the Re-
gional Director for Region 15. after being duly signed
by Respondent's representative. shall be posted h',
Respondent immediately upon receipt thereof. and bt
I Inr the evenl thai this Order i enrforced hi aI Judgment of l nited State,
Court oI Appeals. he words in the notice riding "Posted h Order :, the
National ahbor Rela liIns Board" shall read "PIsced Pursuant ti a .Jdgtnen
of the L:nited States Court of Appeals Ent;,rcing n Order oi the \N i:ln.l
Lahbor Relarilons Blard"
8)9
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintained by it for 60 consecutive days thereafter, in
conspicuous places, including all places where notices
to members are customarily posted. Reasonable steps
shall be taken by Respondent to insure that said no-
tices are not altered, defaced, or covered by any other
material.
(b) Furnish the Regional Director for Region 15
with signed copies of such notices for posting by the
employer-members of MSSA, if willing, in places
where notices to employees are customarily posted.
(c) Notify the Regional Director for Region 15, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to comply with the
Board's Decison and Determination of Dispute
awarding the work of operating shore-based
cranes at the Port of Mobile, and operation of
the Raygo-Wagner Port Packer (Big Red) when
it is being used to stack and unstack concrete
housing modules in the storage area at the Port
of Mobile, to employees employed by the em-
ployer-members of MSSA and Ryan-Walsh
Stevedoring Company, Inc., and represented
by International Longshoremen's Association,
AFL CIO, Local 1985, or threaten, coerce, or
restrain the employer-members of MSSA, Ryan-
Walsh Stevedoring Company, Inc., or any other
persons engaged in commerce or an industry af-
fecting commerce, where an object is to force or
require the employer-members of MSSA or
Ryan-Walsh Stevedoring Company, Inc., to as-
sign said work to employees represented by us,
rather than to employees represented by Local
1985.
INTERNATIONAL LONGSHOREMEN'S AssoI-
ATION, AFL CIO, LO(CAI 1410
810