Int'l Longshoremen's & Warehousemen's Union

National Labor Relations Board - Board Decisions

Jul 9, 1965

153 N.L.R.B. 1363 (N.L.R.B. 1965)

INT'L LONGSHOREMEN'S & WAREHOUSEMEN'S UNION 1363
respect to Local 553's contract with Weber & Quinn are, such obliga-
tions cannot operate as a bar to the inclusion of the former Weber &
Quinn employees in the production and maintenance unit currently
represented by Industrial on an exclusive basis. Similarly, Local 553's
contractual right to arbitrate disputes arising from its relationship
with Weber & Quinn does not preclude the Board from determining a
question concerning the appropriateness of unit for the purposes of
collective bargaining. We shall therefore grant the Petitioner's
petition.
[The Board granted the Petitioner's petition for clarification.]
International Longshoremen 's & Warehousemen 's Union; and
Locals 6, 10, 34, 54, and 91, International Longshoremen's &
Warehousemen 's Union and United States Steel Corporation.
Case No. 20-CD-136. July 9,1965
DECISION AND ORDER
Upon a charge filed on May 13, 1964, and amended on June 8, 1964,
by United States Steel Corporation, hereinafter called U.S. Steel, the
General Counsel for the National Labor Relations Board, herein called
the General Counsel, by the Regional Director for Region 20, issued a
complaint, dated January 29, 1965, against International Longshore-
men's & Warehousemen's Union ; and Locals 6, 10, 34, 54, and 91, Inter-
national Longshoremen's & Warehousemen's Union, herein called the
Respondents, alleging that the Respondents had engaged in and were
engaging in unfair labor practices affecting commerce within the
meaning of Section 8(b) (4) (D) and Section 2(6) and (7) of the
National Labor Relations Act, as amended. Copies of the complaint,
the charge, the amended charge, and the notice of hearing were duly
served upon the Respondents and U.S. Steel. Thereafter, on Febru-
ary 5, 1965, the Respondents filed an answer denying the commission of
any unfair labor practices.
With respect to the unfair labor practices, the complaint alleged
that: Pursuant to Section 10(k) of the Act, the Board had heard and
made a determination of dispute out of which the charged unfair labor
practice arose; the determination of the Board was that the Respond-
ents were not lawfully entitled to force or require U.S. Steel to assign
the work of unloading the Employer's cargo from the Employer's
ships at the Pittsburg works dock to employees represented by
Respondents rather than to employees represented by Local No. 1440,
United Steelworkers of America, AFL-CIO, herein called Steel-
workers; the Respondents have not complied with the terms of the
153 NLRB No. 121.
1364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board's Decision and Determination of Dispute and the Board's order
clarifying the Decision and Determination of Dispute; the Respond-
ents since on or about February 19, 1964, by means proscribed by Sec-
tion 8 (b) (4), have engaged in conduct, an object of which was to force
or require U.S. Steel to assign the disputed work to employees who are
represented by Respondents rather than to employees who are repre-
sented by the Steelworkers; and by such conduct the Respondents have
engaged in unfair labor practices within the meaning of Section 8 (b)
(4) (i) and (ii) (D) of the Act.
On April 13, 1965, all parties filed a joint motion to transfer proceed-
ing to the Board, with a stipulation of facts, entered into by the parties
on April 9, 1965, attached thereto. The motion provides that the
parties waive their rights to a hearing and the issuance of a Trial
Examiner's Decision and Recommended Order, and that the case be
submitted directly to the Board for findings of fact, conclusions of
law, and an order. It further provides that the entire record in the
proceeding shall consist of the stipulation of facts and the exhibits
attached thereto, including the charge, amended charge, complaint,
notice of hearing, and answer in the present proceeding, and the
Board's Decision and Determination of Dispute, and order clarifying
Decision and Determination of Dispute, and the entire record in the
Section 10 (k) proceeding, and that no further oral testimony is neces-
sary or desired by the parties. On April 15, 1965, the Board granted
this motion and ordered the aforesaid stipulation approved and
accepted by the Board as part of the record herein. The Board further
ordered the proceeding duly transferred to and continued before the
Board for the purpose of making findings of fact and conclusions of
law, and for the issuance of a Decision and Order. Thereafter, all the
parties filed briefs with the Board.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Members Fanning, Jenkins, and Zagoria].
Upon the basis of the aforesaid stipulation, the record in the Section
10(k) proceeding, the briefs filed by the Respondents, the Steel-
workers, U.S. Steel, and the General Counsel, and the entire record
in this case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Steel Corporation is a New Jersey corporation
engaged in the manufacture of steel and steel products at plants
located throughout the various States of the United States, including
the Pittsburg works at Pittsburg, California. During the past calen-
dar year, in the course and conduct of its business operations, U.S.
Steel received goods, supplies, and materials at the Pittsburg works
INT'L LONGSHOREMEN'S & TVAREHOUSEMEN'S UNION 1365
valued in excess of $50,000, which were shipped directly from sources
outside the State of California. During the past calendar year, in the
course and conduct of its business operations, U.S. Steel shipped prod-
ucts valued in excess of $50,000 directly to points outside the State of
California. We find that U.S. Steel is engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and that it will effectuate
the policies of the Act to assert jurisdiction in this case.
II. THE LABOR ORGANIZATIONS INVOLVED
International Longshoremen's & Warehousemen's Union; and
Locals 6, 10, 34, 54, and 91, International Longshoremen's & Ware-
housemen's Union; and Local No. 1440, United Steelworkers of Amer-
ica, AFL-CIO, are, and at all times material herein have been, labor
organizations within the meaning of Section 2(5) of the Act.
III. THE RESPONDENTS' UNFAIR LABOR PRACTICES
In its Decision and Determination of Dispute, 150 NLRB 88, and its
order clarifying Decision and Determination of Dispute, dated Janu-
ary 11, 1965, the Board determined that Respondents were not law-
fully entitled, by means proscribed by Section 8(b) (4) (D), to force
or require U.S. Steel to assign the work in dispute, namely, the unload-
ing of the Employer's cargo from the Employer's ships at its dock at
Pittsburg, California, to employees represented by Respondents rather
than to production and maintenance employees of U.S. Steel, repre-
sented by the Steelworkers. In its Decision and Determination of
Dispute, the Board directed the Respondents to notify the Regional
Director in writing as to whether they intended to comply with the
Board's determination. The Respondents, by letter dated January 18,
1965, stated that they did not intend to comply with said determination.
Section 10 (k) of the Act provides in substance for the further proc-
essing of the Section 8(b) (4) (D) charge if the parties to the dispute
do not comply with the Board determination. As the Respondents
have not complied and have stated that they would not comply with the
Section 10(k) determination, the General Counsel has issued his com-
plaint alleging that by their conduct in connection with this dispute,
the Respondents have engaged in unfair labor practices in violation of
Section 8 (b) (4) (D).
The record establishes that beginning in February 1964, when U.S.
Steel's vessel SS Columbia went into service, the Respondents claimed
the work of unloading the vessel for employees they represented; that
on various dates in February Respondents advised officials of Steel-
workers and of U.S. Steel of their desire to be assigned the disputed
work, and threatened that they would picket if the work were not
assigned to employees they represented; that Respondents engaged in
picketing during February, April, May, and July, 1964, at the Pitts-
1366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-burg works dock during the unloading of the SS Columbia; that the
legends on the Respondents' picket signs protested the assignment of
the disputed work to employees represented by Steelworkers; and
that at the same time handbills to the same effect were distributed to
U.S. Steel plant employees. It is clear from the foregoing, the
Respondents do not deny, and we find, that the Respondents thereby
induced and encouraged employees of U.S. Steel and other employers
to engage in a concerted refusal to perform services and threatened
and restrained U.S. Steel, an object being to require U.S. Steel to
assign the disputed work of unloading the Employer's cargo from the
Employer's ship at the Employer's Pittsburg works dock to employees
represented by the Respondents rather than to employees represented
by the Steelworkers. There is no contention or evidence that in
assigning the work to employees represented by the Steelworkers, U.S.
Steel was failing to conform to any order or certification of the Board
determining the bargaining representative for the employees perform-
ing the work in dispute. The Respondents' only defense is that the
employees whom it represents are entitled to the work, and that the
Board's Decision and Determination of Dispute to the contrary was
erroneous. However, the arguments advanced to support this defense
was considered and rejected by the Board in making its determination
of the jurisdictional dispute. We shall therefore adhere to that
determination.
Accordingly, we conclude that, by the foregoing conduct, the
Respondents have violated Section 8(b) (4) (i) and (ii) (D) of the
Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents, set forth above, occurring in con-
nection with the operation of U.S. Steel, 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 Respondents have engaged in certain unfair
labor practices, we shall order them to cease and desist therefrom and
take certain affirmative action designed to effectuate the policies of the
Act.
CONCLUSIONS OF LAW
1. The Respondents, International Longshoremen's & Warehouse-
men's Union; and Locals 6, 10, 34, 54, and 91, International Long-
shoremen's & Warehousemen's Union, are labor organizations within
the meaning of Section 2 (5) of the Act.
INT'L LONGSHOREMEN'S & WAREHOUSEMEN'S UNION 1367
2. By engaging in, or inducing or encouraging employees of United
States Steel Corporation, or of other persons 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, transport,
or otherwise handle or work on any goods, articles, materials, or com-
modities or to perform services; and by threatening, coercing, or
restraining United States Steel Corporation or other persons engaged
in commerce or in an industry affecting commerce, where, in either
case, an object thereof is forcing or requiring United States Steel Cor-
poration to assign the work of unloading the Employer's cargo from
the Employer's ships at the Employer's dock at Pittsburg, California,
to employees represented by the Respondents rather than to employ-
ees employed in the production and maintenance unit at the United
States Steel Corporation's Pittsburg works, Pittsburg, California,
plant, represented by Local No. 1440, United Steelworkers of Amer-
ica, AFL-CIO, where United States Steel Corporation is not failing
to conform to an order or certification of the Board determining the
bargaining representative for employees performing such work,
Respondents did thereby engage in unfair labor practices within the
meaning of Section 8(b) (4) (i) and (ii) (D) and Section 2(6) and
(7) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2(6) and (7) of
the Act.
ORDER
Upon the entire record in the case, and pursuant to Section 10(c) of
the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondents, International
Longshoremen's & Warehousemen's Union; and Locals 6, 10, 34, 54,
and 91, International Longshoremen's & Warehousemen's Union, and
their officers, agents, and representatives, shall : -
1. Cease and desist from engaging in, or inducing or encouraging
employees of United States Steel Corporation or other persons 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, transport, or otherwise handle or work on any goods, articles,
materials, or commodities or to perform any services; or threatening,
coercing, or restraining United States Steel Corporation or any other
person engaged in commerce or in an industry affecting commerce,
where, in either case, an object thereof is to force or require United
States Steel Corporation to assign the work of unloading the Employ-
er's cargo from the Employer's ships at the Employer's rock at Pitts-
burg, California, to employees represented by the Respondents rather
than to employees employed in the production and maintenance unit
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the United States Steel Corporation's Pittsburg works, Pittsburg,
California, plant, represented by Local No. 1440, United Steelworkers
of America, AFL-CIO, unless United States Steel Corporation is fail-
ing to conform to an order or certification of the Board determining
the bargaining representative for employees performing such work.
2. Take the following affirmative action which the Board finds will
affectuate the policies of the Act :
(a) Post at their business offices and meeting halls, copies of the
attached notice marked "Appendix." 1 Copies of said notice, to be
furnished by the Regional Director for Region 20, shall, after being
duly signed by authorized representatives of the Respondents, be
posted by them immediately upon receipt thereof, and be maintained
by them for 60 consecutive days thereafter, in conspicuous places,
including all places where notices to members are customarily posted.
Reasonable steps shall be taken to insure that such 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 20, for posting by United States Steel Corporation
and all other persons involved in this proceeding, who are willing, at
all locations upon their or other premises where notice to employees
are customarily posted.
(c) Notify the said Regional Director, in writing, within 10 days of
the date of this Order, what steps the Respondents have taken to com-
ply herewith.
1 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 INTERNATIONAL LONGSHOREMEN'S & WARE-
HOUSEMEN 'S UNION; AND LOCALS 6,10,34, 54, AND 91, INTERNATIONAL
LONGSHOREMEN'S & WAREHOUSEMEN'S UNION ; AND TO ALL EMPLOY-
EES OF UNITED STATES STEEL CORPORATION
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, or induce or encourage the employees
of United States Steel Corporation 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, manu-
facture, process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities, or to perform services;
or threaten, restrain, or coerce United States Steel Corporation,
or any other person engaged in commerce, or in an industry affect-
INT'L LONGSHOREMEN'S & WAREHOUSEMEN'S UNION 1369
ing commerce , where, in either case, an object thereof is to force
or require United States Steel Corporation to assign the work of
unloading the Employer's cargo from the Employer's ships at the
Employer's dock at Pittsburg, California, to employees repre-
sented by our labor organizations rather than to employees
employed in the production and maintenance unit at the United
States Steel Corporation's Pittsburg works, Pittsburg, California,
plant, and represented by Local No. 1440, United Steelworkers of
America, AFL-CIO, where United States Steel Corporation is
not failing to conform to an order or certification of the Board
determining the bargaining representative for the employees
performing the above-mentioned work.
INTERNATIONAL LONGSHOREMEN'S &
WAREHOUSEMEN'S UNION,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
LOCAL 6, INTERNATIONAL LONGSHOREMEN'S &
WAREHOUSEMEN'S UNION,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
LOCAL 10, INTERNATIONAL LONGSHOREMEN'S &
WAREHOUSEMEN'S UNION,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) . (Title)
LOCAL 34, INTERNATIONAL LONGSHOREMEN'S &
WAREHOUSEMEN'S UNION,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
LOCAL 54, INTERNATIONAL LONGSHOREMEN'S &
WAREHOUSEMEN'S UNION,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
LOCAL 91, INTERNATIONAL LONGSHOREMEN'S &
WAREHOUSEMEN'S UNION,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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's Regional
Office, 450 Golden Gate Avenue, Room 13050, San Francisco, Califor-
nia, Telephone No. 556-3197, if they have any questions concerning this
notice or compliance with its provisions.
H. K. Porter Company, Inc., Disston Division-Danville Works and
United Steelworkers of America , AFL-CIO. Case No. 5-CA-
2785. July 9,1965
DECISION AND ORDER
On January 21,1965, Trial Examiner Joseph I. Nachman issued his
Decision in the-above-entitled proceeding, finding that the Respondent
had engaged in and was engaging in certain unfair labor practices and
recommending that it cease and desist therefrom and take certain
affirmative action, as set forth in the attached Trial Examiner's Deci-
sion. Thereafter, the General Counsel and Respondent filed excep-
tions to the Trial Examiner's Decision and supporting briefs. The
Charging Party filed cross-exceptions and a brief in support thereof
and in opposition to the exceptions filed by the Respondent. There-
after, Respondent filed answering briefs.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Members Fanning, Brown, and Jenkins].
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, cross-exceptions, all briefs, and
the entire record in this ease, and hereby adopts the Trial Examiner's
findings, conclusions, and recommendations.
ORDER
Pursuant to Section 10 (c) of the National Labor Relations Act, as
amended, the National Labor Relations Board hereby adopts as its
Order the Recommended Order of the Trial Examiner, and orders that
Respondent H. K. Porter. Company, Inc., Disston Division-Danville
Works, Danville, Virginia, its officers, agents, successors, and assigns,
shall take the action set forth in the Trial Examiner's Recommended
Order.
153 NLRB No. 119.