200 N.L.R.B. 77 (N.L.R.B. 1972)

Local 103, International Iron Workers

National Labor Relations Board - Board DecisionsNov 7, 1972

200 N.L.R.B. 77 (N.L.R.B. 1972)

LOCAL 103, INTERNATIONAL IRON WORKERS 77 Local Union No. 103, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, and its agent Charles Tremper and Associated General Contractors of America , Evans- ville Chapter, Inc. Case 25-CB-973 November 7, 1972 SUPPLEMENTAL DECISION AND ORDER On June 7, 1971, the National Labor Relations Board issued its Decision and Order,' finding that Respondent, Local Union No. 103, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO,2 violated Section 8(b)(3) of the National Labor Relations Act, as amended, but did not violate Section 8(b)(1)(B) of the Act.3 In sum, the Board found that Respondent violated Section 8(b)(3) by refusing to bargain with the Associated General Contractors of America, Evansville Chapter, Inc.,4 on the ways and means by which jurisdictional disputes are to be resolved. The Board found that Local 103 had a fixed, inflexible position and was rigidly unwilling to consider seriously any possible alternatives to its proposal that such disputes be submitted to the National Joint Board. The Board majority further found that Local 103 did not restrain and coerce the Evansville Chapter in the selection of its representative for purposes of collective bargaining and the adjustment of griev- ances within the meaning of Section 8(b)(1)(B) of the Act. The Board majority did not view the demand in this case as involving an employer's selection of his representative for purposes of collective bargaining, within the meaning of that section. On July 17, 1972, the United States Court of Appeals, Seventh Circuit, enforced the Board's Order in part.5 Contrary to the Board, the court held that Local 103 violated Section 8(b)(1)(B) of the Act by striking to compel the Evansville Chapter to agree that jurisdictional disputes would be resolved by a panel on which none of the management representa- tives was chosen or designated by the Evansville Chapter. The court disagreed with the Board's position that the management members of a tripar- tite arbitration panel are not "representatives" of the employer within the scope of Section 8(b)(1)(B).6 The court agreed with the Board's finding that i Local Union No 103, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, and its agent Charles Tremper (Associated General Contractors of America, Evansville Chapter, Inc), 190 NLRB No 145 2 Also referred to herein as Local 103 3 Members Jenkins and Kennedy dissented with respect to the majority finding that Respondent did not violate Sec 8 (b)(1)(B). 4 Also referred to herein as Evansville Chapter 5 Associated General Contractors of America, Evansville Chapter, Inc v. Respondent violated Section 8(b)(3) because it had assumed "a fixed inflexible position and was rigidly unwilling to consider seriously any possible alterna- tives to its proposal that such disputes be submitted to the National Joint Board." The court also found that Respondent further violated Section 8(b)(3) by its insistence on an illegal contract term , that is, a clause which violated Section 8(b)(1)(B). Accordingly, the court remanded the case to the Board for the entry of an order restraining the violation of Section 8(b)(1)(B), and to restrain also the violation of Section 8(b)(3) it found in the Union's insistence that the Evansville Chapter agree to the resolution of jurisdictional disputes by a tripartite board on which the Evansville Chapter is unrepresented. In light of the court's opinion, and as we have accepted the remand in this case,7 we shall modify our order to conform therewith. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Local Union No. 103, International Association of Bridge, Structural and Ornamental Iron Workers AFL-CIO, its officers, agents, and representatives, and the Respondent, Charles Tremper, its business agent, shall: 1. Cease and desist from: (a) Refusing to bargain with Associated General Contractors of America, Evansville Chapter, Inc., on behalf of the journeymen ironworkers and appren- tices in its territorial jurisdiction who are employed by employer members of the aforesaid Evansville Chapter, excluding all other employees and supervi- sors, with regard to the resolution of jurisdictional disputes. (b) Refusing to bargain with Associated General Contractors of America, Evansville Chapter, Inc., by insisting and demanding that the aforesaid employer designate for the resolution of jurisdictional disputes any board on which the said employer is not a party or does not have a representative. (c) In any like or related manner refusing to bargain with Associated General Contractors of America, Evansville Chapter, Inc. (d) Coercing or restraining Associated General N LR B and N LR B v. Local Union No 103, Intl Assn of Bridge, Structural and Ornamental Iron Workers , etc, et al, 465 F 2d 327 (1972). 6 Sec 8(b)(1)(B) provides It shall be an unfair labor practice for a labor organization or its agents- (1) to restrain or coerce (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances. 7 The Board did not seek certioran. 200 NLRB No. 12 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Contractors of America, Evansville Chapter, Inc., in the selection of its representative(s) for the purposes of collective bargaining. 2. Take the following affirmative action necessary to effectuate the policies of the Act: (a) The Respondent Union shall notify Associated General Contractors of America, Evansville Chapter, Inc., in writing, that it will not refuse to bargain with it, that it will not refuse to bargain on the resolution of jurisdictional disputes, and that it will not insist that the aforesaid employer agree to submitjurisdic- tional disputes to the Interim Joint Board, or the National Joint Board for Settlement of Jurisdictional Disputes, so long as the management representatives on any such board have not been chosen or designated by the said employer. (b) Post at the Respondent Union's business offices and meeting places, within its territorial jurisdiction, copies of the attached notice marked "Appendix A."8 Copies of said notice, on forms provided by the Regional Director for Region 25, after being duly signed by a representative of Local 103 and by Respondent Tremper, shall be posted by the Respon- dent Union immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasona- ble steps shall be taken by the Respondent Union to insure that said notices are not altered, defaced, or covered by any other material. (c) Promptly after receipt of copies of the said notice from the Regional Director, return to him signed copies for posting by Associated General Contractors of America, Evansville Chapter, Inc., and by all the employer members of the Evansville Chapter named in "Appendix B," if they be willing, at their places of business, including all places where notices to employees are customarily posted. (d) Notify the Regional Director for Region 25, in writing, within 20 days from the date of this Order, what steps the Respondents have taken to comply herewith. 8 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board " shall read "Posted pursuant to a Judgment of the United States Court of Appeals enforcing an Order of the National Labor Relations Board " Chapter, Inc., on behalf of the journeymen ironworkers and apprentices in our territorial jurisdiction who are employed by employer members of the aforesaid Evansville Chapter, excluding all other employees and supervisors, with regard to the resolution of jurisdictional disputes, and by insisting or demanding that the aforesaid employer designate for the resolution of jurisdictional disputes any board on which the said employer is not a party or does not have a representative. WE WILL NOT, in any like or related manner, refuse to bargain collectively with Associated General Contractors of America, Evansville Chapter, Inc. WE WILL NOT coerce or restrain Associated General Contractors of America, Evansville Chapter, Inc., in the selection of its representa- tive(s) for the purposes of collective bargaining. LOCAL UNION No. 103, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL-CIO (Labor Organization) Dated By (Representative) (Title) Dated By Charles Tremper, Business Agent This is an official notice and must not be defaced by anyone. 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. Any question concerning this notice or compliance with its provisions may be directed to the Board's Office, 614 ISTA Center, 150 West Market Street, Indianapolis, Indiana 46204, Telephone 317- 633-8921. APPENDIX B APPENDIX A NOTICE TO MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain with Associated General Contractors of America, Evansville Aalco Construction Co. 1171 Diamond Avenue Evansville, Indiana A & C Construction Co. New Green River Road Evansville, Indiana Allied Erection & Conveyors R. R. 13 Box 54 Evansville, Indiana LOCAL 103, INTERNATIONAL IRON WORKERS Anderson & Loer P.O. Box 4168, Sta. "A" 410 W. Iowa Evansville, Indiana Ammng-Johnson Company 3945 Industrial Boulevard Indianapolis, Indiana Bartleyy & Perigo Masonry 2910 Rugby Avenue Evansville , Indiana Bauer Bros. Gen . Contrs., Inc. 912 Prosperity Avenue P.O. Box 1182 Sta. "C" Evansville , Indiana Bee Construction Co. R.R. 1, Middle Mt . Vernon Rd. P.O. Box 7097 Evansville , Indiana Bretz Paint Contractin g^,, Inc. P.O. Box 5274 Lawndaale Sta. Evansville , Indiana N. M. Bunge Inc. 5419 Hogue koad Evansville , Indiana Burch & Lamb Inc. 7703 Baw art Itoad P.O. Box 2226 Sta. D. Evansville , Indiana Central Glass Co. of Indiana 1101 Diamond Avenue Evansville , Indiana Clark Construction Co. 1919 Parrish Avenue P.O. Box 623 Owensboro , Kentucky R. J. Coudret Company 1301 N. Harlan Avenue P.O. Box 4111 Crow's Insulating Co. 2102 S. Evans Evansville, Indiana Jerr L . David Excavating 171 a Diefenbach Road Evansville , Indiana Deig Brothers 2804 "A" StreetEvansville , Indiana Evansville Sheet Metal 1901 W. Maryland Street Evansville , Indiana Fei el Construction Corp. 1270 E. Maxwell Avenue Evansville, Indiana Connie Garnett Contracting 1600 S . New York Avenue Evansville , Indiana General Insulation Co. 609 N . Weinbach Avenue Evansville, Indiana Hartz Brothers P.O. Box 1157 Owensboro, Kentucky Hartz-Kirkpatrick Const. P.O. Box 1328 Owensboro, Kentucky Harvey Johnson Painting 808 Monroe Avenue Evansville, Indiana Hicks & Son, Inc. 2559 N. Kentucky Avenue Evansville, Indiana Industrial Contractors, Inc. P.O. Box 208 401 N.W. First Street Evansville, Indiana Key Construction 2201 Covert Avenue Evansville, Indiana Geo. Koch Sons, Inc. 10 S. 11th Street P.O. Box 358 Evansville, Indiana Louisville Insulating Co. 509 N. 9th Avenue Evansville, Indiana Midwest Roofing & Insulation 1208 N. Harlan Avenue Evansville, Indiana Municipal Eng. & Const. 4424 Vogel Road Evansville, Indiana Nelson-Klinger Co. P.O. Box 83 1' Evansville, Indiana H. G. Newman Plumbing 211 S.E. Fourth Street Evansville, Indiana Chris Nix Construction Co. 322 South Ingle Avenue Evansville, Indiana P & H Construction Co. P.O. Box 37 1157 E. Sycamore Evansville, Indiana D. K. Parker Co., Inc. P.O. Box 486 New Harmony, Indiana Pe ronnin Construction 1901 N. Kentucky Avenue P.O. Box 3317 Evansville, Indiana Poe Steel Erection 3028 N. Fulton Avenue Evansville, Indiana Red Saof Paint & Varnish 110 Min Street P.O. Box 418 Evansville, Indiana 79 80 Rust Construction Co. 1301 E. Michigan Street P.O. Box 994 Evansville, Indiana Ryan Contracting Co. 5416 Boonville Iwy. P.O. Box 5047 Lawndale Evansville, Indiana Geo. Ryan Company 5650 Oakgrove load P.O. Box 5114 Lawndale Evansville, Indiana DECISIONS OF NATIONAL LABOR RELATIONS BOARD Sutton Construction Co. 1716 S.E . Boulevard Evansville , Indiana Traylor Brothers 835"N . Congress Avenue P.O. Box 51b5 Evansville , Indiana Tri-State Steel Erection 1324 N. Fares Avenue Evensville , Indiana U.S. Sheet Metal & Roof 1701 First Avenue Evansville, Indiana