Local 1258

National Labor Relations Board - Board Decisions

Dec 30, 1955

114 N.L.R.B. 1563 (N.L.R.B. 1955)

LOCAL 1258 1563
mately 23 were AFL adherents. All of them worked for Pittston after the layoffs
of August and September, making it clear that the checker operation was by no
means inundated by ILA men. On the contrary, AFL men continued to perform a
substantial part of the whole operation.
On the entire record I find that the General Counsel has not established by pre-
ponderance of the evidence that Pittston on or about September 16, 28, or 30, 1954,
discharged , or thereafter refused to hire, the employees named in footnote 2, supra,
for the reason that they were not members or supporters of the ILA, or Local 1261,
or because they were members or supporters of the AFL. I further find that the
preponderance of the evidence does not establish that Respondents ILA or Local
1261 caused, or attempted to cause, Pittston and the Association to discriminate
against the employees named in the complaint for the reasons alleged in that
pleading.
CONCLUSIONS OF LAW
1. The operations of New York Shipping Association , Inc., and Pittston Stevedor-
ing Corp . constitute and affect trade, traffic, and commerce among the several States
within the meaning of Section 2 (6) and ( 7) of the Act.
2. International Longshoremen 's Association , Independent , its Local 1261, and
International Brotherhood of Longshoremen , AFL, are labor organizations within
the meaning of Section 2 (5) of the Act.
3. New York Shipping Association, Inc., and Pittston Stevedoring Corp. have
not engaged in unfair labor practices within the meaning of Section 8 (a) (1) and
(3) of the Act.
4. International Longshoremen 's Association , Independent , and its Local 1261
have not engaged in unfair labor practices within the meaning of Section 8 (b) (1)
(A) and (2) of the Act.
[Recommendations omitted from publication.]
Local 1258, International Longshoremen 's Association, Inde-
pendent and Horace Hopkins
Local 1258, International Longshoremen 's Association, Independ-
ent and Henry B. Rock. Cases Nos. 2-CB-1466 and 2-CB-1467.
December 30, 1955
DECISION AND ORDER
On September 26, 1955, Trial Examiner W. Gerard Ryan issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging ia certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the General Counsel
filed exceptions to the Intermediate Report and a supporting brief.
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 Inter-
mediate Report, the exceptions and brief, and the entire record in
the case, and hereby adopts the findings, conclusions, and recom-
mendatiolis of the Trial Examiner.'
1 As to the unfair labor practices found, no exceptions were filed . We have therefore
adopted the Intermediate Report pro forma. The only exception was filed by the General
Counsel on an aspect of the remedy . We find this exception without merit.
114 NLRB No. 244.
1564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the entire record in this case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board orders that the Respondent , Local 1258, International
Longshoremen 's Association, Independent, its officers , representatives,
agents, successors , and assigns , shall :
1. Cease and desist from :
(a) Barring and preventing Henry B. Rock and Horace Hopkins
from reporting to work and engaging in employment with Inter-
national Terminal Operating Co., Inc., because they are not members
of the Respondent.
(b) Restraining and coercing employees of International Terminal
Operating Co., Inc., in the exercise of the rights guaranteed in Sec-
tion 7 of the Act, except to the extent that such rights may be affected
by an agreement requiring membership in a labor organization as a
condition of employment as authorized by Section 8 (a) (3) of the
Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post in conspicuous places at the business office of the Re-
spondent, and in all places where notices or communications to the
members are customarily posted, copies of the notice attached to the
Intermediate Report marked "Appendix." 2 Copies of said notice, to
be furnished by the Regional Director for the Second Region, shall,
after being duly signed by the Respondent's representative, be posted
by the Respondent immediately upon receipt thereof and maintained
by it for a period of sixty (60) consecutive days thereafter. Reason-
able steps shall be taken by the Respondent to insure that said notices
are not altered, defaced, or covered by any other material.
(b) Mail to the Regional Director for the Second Region signed
copies of the notice attached to the Intermediate Report for posting;
the Company willing, on the bulletin board of the Company at its
place of business in New York City where notices to employees are
customarily posted. Such notices are to be posted and maintained for
a period of sixty (60) consecutive clays after receipt by the Company.
Copies of the notice, to be furnished by the Regional Director for the
Second Region, shall, after being duly signed by an official representa-
tive of the Respondent, be forthwith returned to the Regional Director
for said posting.
a In the event that this Order is enforced by a dcciee of a United States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
LOCAL 1258 1565
(c) Notify the Regional Director for the Second Region in writing,
within ten (10) days from the date of this Order, what steps it has
taken to comply herewith.
MEMBER PETERSON took no part in the consideration of the above
Decision and Order.
INTERMEDIATE REPORT AND RECOMMENDED ORDER
STATEMENT OF THE CASE
These proceedings, brought.under Section 10 (b) of the National Labor Relations
Act, as amended (61 Stat. 136), and consolidated by an order of the General Counsel
of the National Labor Relations Board,' were heard in New York City on September
12-13, 1955, pursuant to due notice, before W. Gerard Ryan, the duly designated
Trial Examiner.
With respect to the unfair labor practices, the complaint alleged and the answer
denied that in violation of Section 8 (b) (1) (A) and Section 2 (6) and (7) of
the Act, the Respondent since on or about March 16, 1955, has restrained and coerced
and is restraining and coercing the employees of International Terminal Operating
Co., Inc., in the exercise of the rights guaranteed in Section 7 of the Act, in that
through its secretary-treasurer, Patrick Keane, and business agent, Jerry Hickey, it
threatened employees of said Company with loss of employment and did bar and
prevent certain employees from reporting to work and engaging in said employment
for the reason that they were not members of the Respondent.
The transcript of the record , page 3 , lines 9 and 10, is hereby corrected to show
the name of the Trial Examiner to be W. Gerard Ryan. The transcript of the record
is further corrected with respect to the formal statement of the Trial Examiner at the
opening of the hearing. It is obvious that the reporter has substituted a formal
opening statement in another proceeding instead of reporting what I said in this
complaint proceeding. Accordingly the transcript is hereby corrected by striking
page 3, lines 23 to 25; page 4 in its entirety; and page 5, lines 1 to 4; and substituting
therefor the following statement which I actually made at the hearing:
The official reporter makes the only official transcript of these proceedings,
and all citations in brief and arguments must refer to the official record. The
Board will not certify any transcript other than the official transcript for use in
any court litigation. Proposed corrections of the transcript should be submitted,
either by way of stipulation or motion, to the Trial Examiner for his approval.
All matter that is spoken in the hearing room while the hearing is in session
is recorded by the official reporter unless the Trial Examiner specifically directs
off-the-record discussion . In the event that any party wishes to make off-the-
record statements , a request to go off the record should be directed to the
Trial Examiner and not to the official reporter.
Statements of reasons in support of motions and objections should be specific
and concise. The Trial Examiner will allow an automatic exception to all
adverse rulings, and, upon appropriate order, an objection and exception will
be permitted to stand to an entire line of questioning.
All exhibits offered in evidence shall be in duplicate. If a copy of any exhibit
is not available at the time the original is received, it will be the responsibility
of the party offering such exhibit to submit the copy before the close of the
hearing. In the event such copy is not submitted, and the filing thereof has
not for good reason shown been waived by the Trial Examiner, any ruling receiv-
ing the exhibit may be rescinded and the exhibit rejected.
Any party shall be entitled, upon request, to a reasonable period at the close
of the hearing for oral argument, which shall be included in the stenographic
report of the hearing. In the absence of a request, the Trial Examiner may him-
I The General Counsel and his representative at the hearing are referred to herein as
the General Counsel, and the National Labor Relations Board as the Board Local 1258,
International Longshoremen's Association , Independent , is referred to herein as the
Respondent International Terminal Operating Co , Inc ., is referred to herein as the
Company.
1566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
self ask for oral argument , if at the close of the hearing he believes that such
argument would be beneficial to his understanding of the contentions of the
parties and the factual issues involved.
Any party shall also be entitled upon request made before the close of the hear-
ing, to file a brief or proposed findings and conclusions, or both, with the Trial
Examiner who before the close of the hearing will fix the time for such
filing.
From my observation of the witnesses, and upon the entire record in the case, I
make the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The complaint alleged, the answer as amended at the hearing admitted, and I find
that International Terminal Operating Co, Inc., herein called the Company, is and
has been at all tunes herein mentioned a corporation duly organized under and exist-
ing by virtue of the laws of the State of Delaware with its principal office and place
of business at 27 Whitehall Street in the city and State of New York; and with
various other places of business and other facilities in the States of New Jersey,
Pennsylvania, Maryland, Maine, Virginia, and Massachusetts where it is now and
has been continuously engaged at said places of business and facilities in the loading
and unloading of cargo of vessels engaged in the transportation of cargo and passen-
gers in international trade. During the past year the Company in the course of its
conduct and business operations performed stevedoring services valued in excess of
$10,000,000, of which services valued in excess of $2,000,000 were performed in
States other than the State of New York. The Company is, and has been, at all-times
herein mentioned a member of the New York Shipping Association which existed for
the purpose, inter alia, of representing its members in collective-bargaining relations
and other labor negotiations with labor organizations. Said association has for many
years past represented its members for the purpose of negotiating, executing, and
administering collective-bargaining contracts covering wages, hours, and working
conditions of employees, including those of the Company. The members of the said
association annually ship cargo and passengers into and out of the port of New York
(encompassing the States of New York and New Jersey) from and into other States
of the United States and foreign countries, and the value of such cargo exceeded
$4,000,000 for the year ending December 31, 1954. The Company is, and has been,
at all times material herein engaged in commerce within the meaning of Section
2 (6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Local 1258, International Longshoremen 's Association , Independent , is, and has
been , a labor organization within the meaning of Section 2 (5) of the Act.
III THE UNFAIR LABOR PRACTICES
The uncontradicted credible testimony is that both Henry B Rock and Horace
Hopkins were prevented by the Respondent on March 16, 1955, from working for
the Company because they were not members of the Respondent, although they were
then currently paid-up members of Local 1195, ILA. The Respondent offered no
defense.
Rock testified that he joined Respondent Local 1258 in December 1948, but that
he stopped paying dues to Local 1258 in the year 1953; and that in February 1955,
he joined Local 1195, International Longshoremen's Association. On March 14,
1955, he was hired by the Company to start work on March 15 He worked on
March 15 at pier 34 as a hold man stowing cargo in a ship under the supervision of
Charley Thompson. Thompson told Rock to report back for work on March 16.
On the morning of March 16, as Rock proceeded to walk onto the pier, he saw
Patrick Keane, secretary-treasurer, and Jerry Hickey, business agent of the Respond-
ent, approximately 25 yards in on the pier checking membership books of the gang
When Rock presented his paid-up membership book for Local 1195, Keane looked
at it and asked if Rock had not been a member of Local 1258. Rock told him he
had been a member until recently. In the meantime, Hickey walked over, looked at
the book, and said to Rock, "Get out and stay out."
Horace Hopkins testified that he also had a paid-up membership book in Local
1195 for the last 3 months in 1954 and the first 3 months in 1955; that he was hired
LOCAL 1258 1567
by the Company on March 16, 1955, to work on pier 34. When he arrived at pier 34,
Keane and Hickey were checking membership books of the employees. When
Hopkins showed his book to Hickey, Hickey examined it and told him that the book
was not any good and that he could not work there; that they were not accepting
those books there. Hickey told Hopkins further that he could not be checked in by
that book and to take it back to Moriarity, a delegate and agent of Local 1195.
Upon the uncontradicted testimony of Rock and Hopkins, and upon the entire rec-
ord in the case, I find that by barring and preventing Rock and Hopkins from work-
ing for the Company on March 16, 1955. because they were not members of the
Respondent, that the Respondent has engaged in unfair labor practices violative of
Section 8 (b) (1) (A) and Section 2 (6) and (7) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above, occurring in con-
nection with the operations of the Company 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 the free
flow thereof
V. THE REMEDY
Having found that the Respondent has engaged in unfair labor practices violative
of Section 8 (b) (1) (A) of the Act, I shall recommend that it cease and desist
therefrom and take certain affirmative action designed to effectuate the policies of
the Act.
Upon the basis of the above findings of fact, and upon the entire record in the
case. I make the following:
CONCLUSIONS OF LAW
1. The Respondent is a labor organization within the meaning of Section 2 (5) of
the Act.
2. By barring and preventing Horace Hopkins and Henry B. Rock from reporting
to work and engaging in employment with the Company for the reasons they were
not members of the Respondent, the Respondent thereby engaged in unfair labor
practices proscribed by Section 8 (b) (1) (A) of the Act.
[Recommendations omitted from publication.]
APPENDIX
NOTICE TO ALL MEMBERS OF LOCAL 1258, INTERNATIONAL LONGSHOREMIEN'S
ASSOCIATION, INDEPENDENT
Pursuant to the recommendations of a Trial Examiner of the National Labor Re-
lations Board and in order to effectuate the policies of the National Labor Relations
Act, as amended, we hereby notify you that:
WE WILL NOT bar or prevent Henry B. Rock and Horace Hopkins from ie-
porting to work and engaging in employment with International Terminal Oper-
ating Co., Inc., because they are not members of Local 1258.
WE WILL NOT restrain or coerce employees of International Terminal Operat-
ing Co., Inc., in the exercise of the rights guaranteed under Section 7 of the
Act, except to the extent that such rights may be affected by an agreement re-
quiring membership in a labor organization as a condition of employment as
authorized by Section 8 (a) (3) of the Act.
LOCAL 1258, INTERNATIONAL LONGSFIOREMEN'S
ASSOCIATION, INDEPENDENT,
Labor Organization.
Dated---------------- By----------------------------------------------(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.