Local 1291, Int'l Longshoremen's Assn.

National Labor Relations Board - Board Decisions

Sep 23, 1965

154 N.L.R.B. 1415 (N.L.R.B. 1965)

LOCAL 1291 , INT'L LONGSHOREMEN 'S ASSN . 1415
for any loss of earnings, if any, she may have suffered in consequence of the dis-
crimination. The Respondent having refused to bargain in good faith with the
Union upon request, it must also be ordered to do so, and, if an agreement is
reached, sign a contract. In view of the nature of the unfair labor practices com-
mitted, the commission of similar and other unfair labor practices reasonably may
be anticipated. I shall therefore recommend that the Respondent be ordered to,
cease and desist from in any manner infringing upon the rights guaranteed to its
employees by Section 7 of the Act.
Upon the basis of the foregoing findings of fact, and upon the entire record in
the case, I make the following:
CONCLUSIONS OF LAW
1. The Respondent is an employer within the meaning of Section 2(2) of the Act.
2. The Union is a labor organization within the meaning of Section 2(5) of
the Act.
3. All employees in the meat department of the Respondent's Billerica, Massa-
chusetts, store, including regular part-time employees, but excluding all other employ-
ees and all supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9(b) of the Act.
4. Amalgamated Meat and Food Store Employees, Local 592, AFL-CIO, was on,
August 10, 1964, and at all times since has been the exclusive representative of all
employees in the aforesaid unit for the purposes of collective bargaining within the
meaning of Section 9(a) of the Act.
5. By refusing to recognize and bargain with the Union as the representative of
the employees in the aforesaid unit, the Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Section 8(a) (5) of the Act.
6. By transferring Pauline Pomerleau, the Respondent has engaged in and is.
engaging in unfair labor practices within the meaning of Section 8(a) (3) of the Act.
7. By the foregoing conduct, by telling employees that they are being surveilled
in their union activities, by telling employees that they would be discharged for
talking about the Union, and by telling them that the Respondent would close the
store, burn it, or replace employees with relatives of the owners before dealing with
a union , the Respondent has interfered with, restrained, and coerced employees in
their rights guaranteed in Section 7 of the Act, and thereby has engaged in and is.
engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act_
8. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommended Order omitted from publication.]
Local 1291, International Longshoremen's Association, AFL-CIO,
and United States Steel Corporation. Case No. 4-CD-106-2.
September 23,1965
DECISION AND ORDER
Upon a charge filed on May 6,1964, by United States Steel Corpora-
tion, hereinafter called the Employer, the General Counsel for the
National Labor Relations Board, by the Regional Director for Region
4, issued a complaint dated March 26, 1965, against Local 1291, Inter-
national Longshoremen's Association, AFL-CIO, hereinafter called"
the Respondent, alleging that the Respondent had engaged in unfair
labor practices affecting commerce within the meaning of Section
8(b) (4) (i) and (ii) (D) and Section 2(6) and (7) of the National
Labor Relations Act, as amended. Copies of the charge and the
complaint with notice of hearing were duly served upon the Respond-
154 NLRB No. 119.
1416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ent and the Employer. Thereafter, the Respondent filed an answer
in which, inter alia, it denied the commission of any unfair labor
practices.
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, Brown, and Jenkins].
With respect to the unfair labor practices, the complaint alleged in
substance: that the Board, in a proceeding under Section 10(k) of
the Act,' had determined that employees of the Employer, repre-
sented by Local 4889, United Steelworkers of America, AFL-CIO,
hereinafter called the Steelworkers, rather than the Respondent, were
entitled to perform the work in dispute, consisting of the loading of
semifinished steel products onto the Employer's ships at the Employer's
Fairless Works dock at Morrisville, Pennsylvania; that the Respond-
ent has refused to comply with the terms of the Board's Decision
and Determination of Dispute; that since on or about April 20, 1964,
the Respondent, by means proscribed by Section 8(b) (4), has engaged
in conduct, an object of which was to force or require the Employer
to assign the disputed work to employees represented by the Respond-
ent rather than to employees represented by the Steelworkers; and
that by such conduct the Respondent has engaged 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.
On or about May 10, 1965, all parties entered into stipulation in
which, inter alia, they waived a hearing and the issuance of a Trial
Examiner's Decision, and agreed to submit the case directly to the
Board on the basis of the entire record in a related proceeding before
the United States District Court for the Eastern District of Penn-
sylvania; the charge, complaint, and notice of hearing, and Respond-
ent's answer in the present proceeding; and the transcript, exhibits,
formal papers, and the Board's Decision and Determination of Dis-
pute in the Section 10(k) proceeding. On May 17, 1965, the Board
approved the aforesaid stipulation and ordered this proceeding trans-
ferred to it. Thereafter, the Respondent, the Employer, and the
General Counsel filed briefs with the Board.
Upon the basis of the aforesaid stipulation and the entire record in
this case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Employer is engaged at Morrisville, Pennsylvania, in the manu-
facture of steel products. It annually ships goods valued in excess of
1Local 1291 , International Longshoremen's Association, AFL-CIO (United States Steel
Corporation ), 151 NLRB 1.
LOCAL 1291 , INT'L LONGSHOREMEN 'S ASSN. 1417
$50,000 from its Pennsylvania plant to points outside of the State of
Pennsylvania. The parties stipulated, and we find, that the Employer
is engaged in commerce within the meaning of the Act, and that it
will effectuate the purposes of the Act to assert jurisdiction in this
case.
II. THE LABOR ORGANIZATIONS INVOLVED
The parties stipulated, and we find, that the Respondent and the
Steelworkers are labor organizations within the meaning of Section
2 (5) of the Act.
III. THE RESPONDENT'S UNFAIR LABOR PRACTICES
In its Decision and Determination of Dispute, the Board determined
that the Respondent was not lawfully entitled to force or require the
Employer to assign the work in dispute (loading of semifinished steel
products onto the Employer's ships at its Fairless Works dock) to
members of the Respondent, rather than to employees represented by
the Steelworkers, by means proscribed by Section 8 (b) (4) (i) and
(ii) (D). The Board directed the Respondent to notify the Regional
Director for Region 4, in writing, with respect to its intention to
comply with the Board's determination. In its answer to the present
complaint, Respondent admits that it has not signified an intent to
comply and indicates that it does not intend to comply.
As the Respondent has not complied with the Section 10 (k) deter-
mination, we must now consider the merits of the complaint. All the
factors essential to a finding that the Respondent committed the
alleged unfair labor practices are present here. It appears from the
stipulated record that after the SS Columbia arrived at the Fairless
dock to be loaded on April 20, 1964, members of the Respondent began
picketing at the two main employee entrances of the plant, and con-
tinued to do so until April 22. The pickets, sometimes in groups of
more than 100, carried placards stating, among other things, that the
Employer was "unfair"" to the Respondent and that the Employer
tried to "divide labor" by forcing Steelworkers to do longshoremen's
work. In addition, Respondent passed out leaflets on the picket line
stating that the Employer was instigating internecine strife between
unions by assigning longshore work to its own employees. On sev-
eral occasions , employees attempting to enter the plant were blocked
by the pickets and had to force their way through the line; at times,
employees were repulsed in their efforts to enter the plant. Again,
between June 4 and 18, 1964, when the Columbia returned to Fairless
for another consignment, Respondent sponsored a picket line. The
1418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent's responsibility for the picketing, its purpose of obtaining
the work of loading the steel products, and the manner in which the
picketing was conducted, are all matters about which the stipulated
record leaves no substantial doubt. By this conduct, it is evident that
Respondent attempted to induce and encourage employees of the Em-
ployer to abandon their work, and effectively coerced and restrained
the Employer, both with the objective of forcing the Employer to
assign the disputed work to workers represented by Respondent rather
than to those represented by the Steelworkers. It is admitted that the
Employer was not failing to conform to an order or certification of
the Board determining the bargaining representative for employees
performing the disputed work. In such circumstances, Respondent's
:actions constituted violations of Section 8(b) (4) (i) and (ii) (D).
Respondent's arguments here are addressed to the correctness of the
Decision and Determination of Dispute rendered by the Board in the
Section 10(k) proceeding. These arguments were considered and
rejected by the Board in the prior proceeding. We adhere to our
determination.
Accordingly, we find that the Respondent has violated Section
-8 (b) (4) (D) in the manner alleged in the complaint.
IV. TIIE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The conduct of the Respondent, set forth above, occurring in con-
nection with the operations of the Employer, has a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
States, and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondent has engaged in certain unfair
labor practices, we shall order it to cease and desist therefrom and
take certain affirmative actions designed to effectuate the purposes
,of the Act.
CONCLUSIONS OF LAW
1. Respondent, Local 1291, International Longshoremen's Associa-
tion, AFL-CIO, is a labor organization within the meaning of Sec-
tion 2 (5) of the Act.
2. By inducing or encouraging individuals employed by the Em-
ployer to engage in a strike or a refusal to work, and by coercing and
restraining the Employer, with an object of forcing or requiring the
Employer to assign to members of the Respondent rather than to
LOCAL 1291, INT'L LONGSHOREMEN'S ASSN. 1419
employees represented by the Steelworkers, the work of loading semi-
finished steel products onto the Employer's ship at the Fairless Works
dock, the members of the Respondent not being lawfully entitled to
perform such work, the Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8(b) (4) (i) and (ii) (D) of the
Act.
3. The aforesaid unfair labor practices affect commerce within the
meaning of Section 2 (6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, and upon the entire record in this case, the National Labor
Relations Board hereby orders that the Respondent, Local 1291, Inter-
national Longshoremen's Association, AFL-CIO, its officers, agents,
and representatives, shall :
1. Cease and desist from inducing or encouraging individuals em-
ployed by United States Steel Corporation or other persons engaged
in commerce or in an industry affecting commerce, to engage in a
strike or a refusal to work, and from threatening, coercing, and re-
straining United States Steel Corporation or other persons engaged
in commerce or in an industry affecting commerce, where an object
of such conduct is to force or require the United States Steel Corpora-
tion to assign the work of loading semifinished steel products onto the
Employer's ships at the Employer's Fairless Works dock at Morris-
ville, Pennsylvania, to members of the Respondent rather than to
employees represented by Local 4889, United Steelworkers of America,
AFL-CIO, except insofar as such conduct is permitted under Section
8(b) (4) (D) of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post at its offices and meeting halls, copies of the attached notice
marked "Appendix." 2 Copies of the notice, to be furnished by the
Regional Director for Region 4, shall, after being duly signed by an
authorized representative of Local 1291, International Longshoremen's
Association, AFL-CIO, be posted by it 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. Reasonable steps shall be taken to insure that
said notices are not altered, defaced, or covered by any other material.
2 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".
1420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Sign and mail sufficient copies of said notice to the Regional
Director for Region 4, for posting by the United States Steel Corpora-
tion, if it is willing , at all locations upon its premises at the Fairless.
Works where notices to its employees are customarily posted.
(c) Notify the Regional Director for Region 4, in writing , within
10 days of the date of this Order, what steps have been taken to
comply herewith.
APPENDIX
NOTICE TO ALL MEMBERS OF LOCAL 1291, INTERNATIONAL LONGSHORE-
MEN'S ASSOCIATION, AFL-CIO; LOCAL 4889, UNITED STEELWORKERS
OF AMERICA, AFL-CIO ; AND ALL EMPLOYEES OF UNITED STATES
STEEL CORPORATION, MORRISVILLE, PENNSYLVANIA.
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 our members that:
WE WILL NOT induce or encourage individuals in the employ of
United States Steel Corporation or other persons engaged in
commerce or in an industry affecting commerce, to strike or refuse
to work, and we will not threaten, coerce, or restrain United States
Steel Corporation or other persons 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 to
our members rather than to employees represented by the Steel-
workers the work of loading semifinished steel products onto ships
at the Fairless Works dock of United States Steel Corporation,.
except insofar as any such conduct is permitted under SectionL
8 (b) (4) (D) of the Act.
LOCAL 1291, INTERNATIONAL LONGSHOREMEN'S
ASSOCIATION, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
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, 1700 Bankers Securities Building, Walnut and Juniper Streets,.
Philadelphia, Pennsylvania, Telephone No. 597-7601, concerning this.
notice or compliance with its provisions.