International Longshoremen's Association

National Labor Relations Board - Board Decisions

Mar 2, 1950

88 N.L.R.B. 916 (N.L.R.B. 1950)

In the Matter Of INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, DIS-
TRICT COUNCIL OF PUERTO RICO, AND E. G. MORENO, PRESIDENT OF
SAID UNION ; LOCAL 1674, INTERNATIONAL LONGSHOREMEN'S ASSO-
CIATION, DISTRICT COUNCIL OF PUERTO Rico, AND JUAN VIDAL
ALVAREZ, PRESIDENT OF SAID LOCAL UNION and PUERTO RICO STEAM-
SHIP ASSOCIATION
Case No. 38-CB-t0
ORDER
March 2, 1950
On January 5, 1950, the Trial Examiner issued his Intermediate
Report and Recommended Order in the above-entitled proceeding, and
on the same day the case was transferred to the National Labor Rela-
tions Board; by letter dated January 20, 1950, received on January 23,
1950, counsel for the Respondents requested an extension until Febru-
ary 10, 1950, for filing exceptions and briefs; by telegram dated
January 23, 1950, the Board granted the extension, specifying that
the exceptions must be received in Washington on or before February
10, 1950; on February 13, 1950, counsel for the Respondents filed a
Motion dated February 10, 1950, requesting 20 more days for filing
exceptions. The Board having duly considered the matter,
IT IS IIEREBY ORDERED that the said motion be, and it hereby is, denied,
for the reason that it was untimely filed.
No exceptions to the Intermediate Report have been filed with the
Board, and the time for filing exceptions has expired. Pursuant to
Section 10 (c) of the National Labor Relations Act, as amended, and
Section 203.42 of the National Labor Relations Board Rules and Regu-
lations-Series 5, as amended, the Board therefore, without passing
on the merits of the issues involved, has adopted the findings, conclu-
sions, and recommendations of the Trial Examiner as contained in the
Intermediate Report and Recommended Order. Accordingly,
IT IS FURTHER ORDERED that International Longshoremen's Associ-
ation, District Council of Puerto Rico and Local 1674, International
Longshoremen's Association, District Council of Puerto Rico, their
officers and agents, including E. G. Moreno as president of the Council
and Juan Vidal Alvarez as president of the Local, shall :
88 NLRB No. 182.
916
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION 91 7
1. Cease and desist from enforcing unilateral modifications in the
terms of the current contract between the Association and the Council
without complying with the provisions of Section 8 (d) of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act : -
(a) Post immediately in conspicuous places at the meeting halls of
the Council and Local 1674, and maintain for a period of 60 con-
secutive days, copies of the notice attached hereto; marked Appendix
A; said notices to be signed by duly authorized officers of the Council
and Local 1674;
(b) Mail to the Regional Director for the Fifth Region signed
copies of the above-described notice for posting on the bulletin board
of Lykes and Waterman. Copies of said notice to be furnished the
Respondents by the Regional Director aforesaid;
(c) Notify the said Regional Director in writing within 20 days
from the date of the receipt of this Order what steps the Respondents
and each of them, have taken to comply herewith.
By direction of the Board: FRANK M. KLEILER,
Executive Secretary.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to an Order of the National Labor Relations Board, and
in order to effectuate the policies of the National Labor Relations Act,
we hereby give notice that :
WE WILL NOT enforce, or attempt to enforce modifications in
the terms of the contract between the Association and the Council
and Lykes and Waterman, or either of them, as their representa-
tive, without complying with the provisions of Section 8 (d) of
the Act.
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION,
DISTRICT COUNCIL OF PUERTO RICO,
By ------------------------------------------------
(Representative ) ( Title)
Dated --------------------
LOCAL 1674, INTERNATIONAL LONGSHOREMEN'S As-
SOCIATION, DISTRICT COUNCIL OF PUERTO Rlco,
By ------------------------------------------------
(Representative) (Title)
Dated --------------------
This notice must remain posted for sixty (60) days from the date
hereof, and must not be altered, defaced, or covered by any other
material.