Local 164, Painters, Decorators and Paperhangers

National Labor Relations Board - Board Decisions

Mar 7, 1960

126 N.L.R.B. 997 (N.L.R.B. 1960)

LOCAL 164 , PAINTERS , DECORATORS AND PAPERHANGERS 997
him whole for any loss of earnings he may have suffered by reason of the Respond-
ent's discrimination against him, by payment to him of a sum of money equal to
that which he normally would have earned as wages from the date of his discharge
to the date of the Respondent 's offer of reinstatement , less his net earnings during
said period , to be computed on a quarterly basis in the manner established by the
Board in F . W. Woolworth Company, 90 NLRB 289, 291-294.
Having found that General Counsel failed to prove the allegations of the complaint
in regard to the discharge of Porter Baldwin , Jr., by a preponderance of the evidence,
I shall recommend that these allegations of the complaint be dismissed.
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 engaged in commerce and the Teamsters Union and the
Retail Union are labor organizations , all within the meaning of the Act.
2. By interfering with, restraining , and coercing its employees in the exercise of
the rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is
engaging in unfair labor practices within the meaning of Section 8(a)( I) of the Act.
3. By discriminating in regard to the hire and tenure of employment of Bennie
Hill, Jr., thereby discouraging membership in Teamsters Union , the Respondent has
engaged and is engaging in unfair labor practices within the meaning of Section
8(a)(3) and (1) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
5. Respondent has not engaged in unfair labor practices within the meaning of
Section 8 ( a)(3) and ( 1) of the Act by its discharge of Porter Baldwin, Jr.
[Recommendations omitted from publication.]
Local 164, Brotherhood of Painters , Decorators and Paper-
hangers of America, AFL-CIO ; International Brotherhood of
Painters, Decorators and Paperhangers of America, AFL-
CIO; and David W. Johns, Agent and A . D. Cheatham Paint-
ing Company
Local 1287, Brotherhood of Painters , Decorators and Paper-
hangers of America, AFL-CIO, and International Brother-
hood of Painters, Decorators and Paperhangers of America,
AFL-CIO and A. D. Cheatham Painting Company
Local 1010, Brotherhood of Painters , Decorators and Paper-
hangers of America , AFL-CIO , and International Brother-
hood of Painters, Decorators and Paperhangers of America,
AFL-CIO and A. D. Cheatham Painting Company. Cases Nos.
12-CB-305, 12-CB-307, and 12-CB-308. March 7, 1960
DECISION AND ORDER
Upon a charge in Case No. 12-CB-305 duly filed on June 2, 1959,
and a charge in Case No. 12-CB-307 and Case No. 12-CB-308 duly
filed on June 11, 1959, and upon amended charges duly filed on
July 16,1959, by A. D. Cheatham Painting Company, herein referred
to as the Company, the General Counsel for the National Labor Rela-
tions Board , by the Regional director for the Twelfth Region, issued
126 NLRB No. 111.
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a consolidated complaint, dated July 16, 1959, and an order amending
the complaint, dated September 22, 1959, against Local 164, Brother-
hood of Painters, Decorators and Paperhangers of America, AFL-
CIO, Local 1010, Brotherhood of Painters, Decorators and Paper-
hangers of America, AFL-CIO, Local 1287, Brotherhood of Painters,
Decorators and Paperhangers of America, AFL-CIO, International
Brotherhood of Painters, Decorators and Paperhangers of America,
AFL-CIO, (herein individually referred to as Local 164, Local 1010,
Local 1287, and the International, and collectively referred to as the
Unions) and David W. Johns, alleging that Respondents had engaged
and were engaging in certain unfair labor practices affecting com-
merce within the meaning of Section 8 (b) (1) (A), (2), and (3) of the
Act. Copies of the charges, complaints, and notices of hearing were
duly served upon Respondents and the Charging Party.
With respect to the unfair labor practices, the complaint alleged
in substance that on and after May 18, 1959, the International and its
Local 164, by David W. Johns, met with the Company for the purpose
of negotiating a collective-bargaining agreement and, by proposing
and insisting upon an agreement containing certain clauses, failed to
bargain collectively with the Company and, further, that the Unions
and Johns caused the employees of the Company to engage in strikes
for the purpose of compelling the Company to enter into a collective-
bargaining agreement containing such clauses. The complaint fur-
ther alleged that since on or before December 3, 1958, the Unions
maintained in effect an agreement with the Company (a) requiring
membership in Local 164, Local 1287, Local 1010 or in any other
local of the International as a condition of employment; (b) requiring
clearance or referral by Local 164, Local 1287 and Local 1010 as a
condition of employment; and (c) that since on or before December 3,
1958, employees of the Company have paid various moneys to Local
164, Local 1286 and Local 1010 under the aforementioned agreement.
On July 29, 1959, the International, Local 1287, and Local 1010
filed an answer to the complaint and, on October 2, 1959, an answer to
the amended complaint; on July 30, 1959, Local 164 and Johns filed
an answer to the complaint and on September 29, 1959, an answer to
the amended complaint, in which answers Respondents denied the
material allegations of the complaint.
Thereafter, on October 29, 1959, all the parties entered into a
settlement stipulation as to those portions of the complaint relating
to the allegedly illegal hiring provisions in the collective-bargaining
agreement between the Unions and the Company, subject to approval
of the Board, providing for the entry of a consent order by the Board
and a consent decree by any appropriate United States court of
appeals. As to these allegations in the complaint, the parties waived
all further and other procedure before the Board to which they may
LOCAL 164, PAINTERS, DECORATORS AND PAPERHANGERS 999
be entitled under the Act, and the Rules and Regulations of the Board,
and Respondents waived their right to contest the entry of a consent
decree or to receive further notice of the application therefor.
On October 29, 1959, all the parties entered into a further stipula-
tion as to those portions of the complaint relating to the alleged un-
lawful refusal to bargain, providing in pertinent part that the parties
waive their rights to a hearing and to the issuance by the Trial Exam-
iner of an Intermediate Report and Recommended Order. In lieu
thereof, the parties stipulated that the entire record of this proceeding
as to those portions of the complaint shall consist of the said stipula-
tion, the stipulation of fact, order consolidating cases, complaint and
notice of hearing, order amending complaint, rescheduling date and
place of hearing, and charges and first amended charges. The parties
stipulated that the Board may And the stipulation of fact to be true
and correct and agreed that the Board may make findings of fact,
conclusions of law, and may issue its Decision and Order based there-
on as if the same facts had been adduced in open hearing before a
duly authorized Trial Examiner of the Board.
By an order dated November 30, 1959, the Board transferred this
matter to, and continued it before, the Board.'
The aforesaid settlement stipulation is hereby approved and made
a part of the record herein and the Decision and Order below is based,
in part, on the provisions of the said settlement stipulation.
Upon the basis of the aforesaid stipulations, and the entire record
in the case, including the briefs filed by the Respondents, the General
Counsel and the Charging Party, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
A. D. Cheatham Painting Company is a painting contractor located
in Jacksonville, Florida. During the calendar year 1958, the Com-
pany purchased and received from outside of the State of Florida
goods valued at more than $50,000. We find that, at all times material
herein, the Company has been engaged in commerce within the mean-
ing of the Act and that it will effectuate the policies of the Act to
assert jurisdiction in this case.
II. THE LABOR ORGANIZATIONS INVOLVED
Local 164, Local 1287, Local 1010, and the International are labor
organizations within the meaning of Section 2 (5) of the Act. We
find that, at all times material herein, Respondent Johns acted as agent
of Local 164 and the International and that Local 1287 and Local 1010
I Pursuant to Section 3(b) of the National Labor Relations Act, the Board has delegated
its powers herein to a three -member panel [ Chairman Leedom and Members Bean
and Fanning]
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acted on their own behalf and also as agents of Local 164 and the
International.
III. THE UNFAIR LABOR PRACTICES
All journeymen painters and apprentices employed by the Company
in the city of Jacksonville, Florida, its suburbs and surrounding area,
but excluding office clerical employees and supervisors within the
meaning of the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9(b) of the Act.
At all times material herein Local 164 was the representative of a
majority of the employees in the aforesaid unit, and, by virtue of
Section 9 (a) of the Act, has been and is now the exclusive representa-
tive of all employees in said unit for the purposes of collective bar-
gaining with respect to rates of pay, hours of employment, and other
conditions of employment.
Since 1945 the Company and Local 164 have maintained in effect
collective-bargaining agreements covering all journeymen painters
and apprentices employed by the Company in the city of Jacksonville,
Florida, and in the surrounding area. The latest of these contracts was
entered into on June 1, 1957, and was to expire on May 31,1959. Prior
to the expiration of the contract, four bargaining meetings were held
between the Company and Local 164. Acting at these sessions on be-
half of Local 164 and upon instructions from the International, Johns
submitted to the Company a proposed contract containing two clauses
which were not included in the contracts which Local 164 had sub-
mitted at the same time to other contractors in the area within its
jurisdiction. These clauses provided as follows :
SECTION 12: As a protection against possible violations of the
terms or conditions of this collective agreement, the undersigned
agrees to post a bond of $5,000, which bond will be forfeited and
paid to the union in the event that it is found by the Joint Trade
Board hereunder that said contractor has committed any sub-
stantial breach of this agreement or has failed to comply with any
of the terms or conditions of employment specified hereunder.
SECTION 13: The Employer, signatory to this agreement, hereby
stipulates and agrees that on all work pertaining to our trade,
which he obtains in localities outside the jurisdiction of this
agreement, he will employ three journeymen who are residents of,
or are regularly employed in the area of the job or project for
every supervisor, journeymen or apprentice that he employs from
his home area or from areas outside of the location of said job or
project.
The Company was willing to accept all other terms of the proposed
contract, but it refused to accept Sections 12 and 13. Johns, however,
insisted that these sections be included in the contract. At the final
LOCAL 164, PAINTERS , DECORATORS AND PAPERHANGERS 1001
negotiation meeting held on May 30, 1959 , a suggestion was made to
extend the current contract without any change but Johns referred
this to the International. When Johns and counsel for Local 164
asked the Company to submit a counterproposal to sections 12 and 13,
the Company refused to do so until the question of extending the
existing contract was resolved.
Subsequently , the International refused permission for the extension
of Local 164's contract with the Company and no counterproposal to
sections 12 and 13 was in fact made by the Company. Upon expira-
tion of the contract on May 31, 1959 , the International directed that
work stoppages be called on all the Company 's jobs. Thereupon,
Local 164 directed a work stoppage at the Company 's job in Jackson-
ville, Florida ; Local 1287 directed a work stoppage at the Company's
job near Indian River City, Florida; and Local 1010 announced a
strike at the Company's two jobs in Orlando, Florida. These work
stoppages were still in effect at the time the parties entered into the
aforesaid stipulations.
Contentions and Concluding Findings
The General Counsel contends that the subject matter of sections 12
and 13-the posting by the Company of a performance bond and the
residence requirements for employees hired by the Company on other
jobs-are not mandatory subjects for bargaining under Section 8(d)
of the Act , and, consequently , Local 164 's refusal to enter into an
agreement unless it contained these sections , and the conduct of the
other Respondents in support of such refusal , violated Section 8 (b) (3)
of the Act.2 As the parties agree that Respondents insisted that sec-
tions 12 and 13 be included in the proposed contract , the only question
before us is whether the subject matter of these sections is within the
phrase "wages , hours and other terms and conditions of employment,"
which are the only subjects for mandatory bargaining under Section
8(d) of theAct.
(a) The performance bond: The proposed section 12 requires the
Company to post a $5,000 performance bond which would be for-
feited to the Union if the Company commits any "substantial" breach
of contract . Respondents maintain that this section is designed to
make certain that the Company will fulfill its obligations under the
contract and is therefore a mandatory subject for bargaining under
Section 8 (d). While Respondents recognize that the Board , in many
cases,' has held that an employer's insistence that a union post a per-
formance bond as a condition to the execution of a contract consti-
2 Wooster Division of Borg-Warner Corporation v. N L.R B., 356 U S. 342, affirming
113 NLRB 1288
s The first of these was Jasper Blackburn Products Corporation, 21 NLRB 1240, and
the most recent Coaco Products Company, 123 NLRB 766
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tutes a violation of Section 8(a) (5), they attempt to distinguish
those cases on the ground that a union, unlike an employer, has no
other means to effectuate disciplinary action in the event of a contract
breach.4 However, the Board has also held that a union's insistence
on a proposal that the employer post a performance bond violates
Section 8(b) (3).5 In light of these precedents, we find that Local 164,
Johns and the International,(' by insisting on section 12 as a condition
to Local 164's entering into a contract with the Company, violated
Section 8(b) (3) of the Act and that Respondents, the International
and its 3 locals involved herein, by engaging in a strike against the
Company in order to compel the Company to accept section 12, vio-
lated Section 8(b) (3) of the Act.
(b) The residence requirement: The proposed section 13 requires
that, in performing work "pertaining" to the trade of Local 164's
members in a locality outside the jurisdiction of the agreement, the
-Company employ three journeymen from that locality for every
supervisor, journeyman or apprentice employed from other areas.
Respondents contend that the purpose of this section is to prevent the
Company from "undercutting" wages, hours, and employment con-
ditions in other areas by maintaining the "numerical superiority of
local workers." The Board has held' that a union unlawfully refused
to bargain as a matter of law by insisting that any agreement reached
cover employees in a unit different from that for which the union
was the statutory representative. In effect, the proposed section 13
imposes residence requirements for employees of the Company out-
side the appropriate unit and not represented by Local 164. In view
of the fact that the subject matter of the proposed section 13 relates
to the conditions of employment of employees outside the unit repre-
sented by Local 164 and is therefore not a mandatory subject of bar-
gaining, we find that Local 164, Johns, and the International, by
insisting on section 13 as a condition to Local 164's entering into a
contract with the Company, and the International and its three locals
4 Respondents also point to the fact that many locals affiliated with the International
have entered into agreements which require employers to post performance bonds.
It is clear under the Borg-Warner decision , however, that parties may voluntarily
agree to a clause which is not a mandatory subject of bargaining . Therefore , the fact
that the performance bond requirement may have been included in other agreements is
no evidence that it is a compulsory subject of bargaining within the compass of Sec-
tion 8(d)
5 International Brotherhood of Teamsters et al., Local 29k, AFL (Henry V. Rabouin,
d/b/a Conway'(' Express ), 87 NLRB 972
d While it does not appear that the International was a party to Local 164 's agreement
with the Company , we find that , since the International instructed Local 164 and Johns
to insist upon sections 12 and 13, it was, together with Local 164 and Johns , jointly
responsible for the unlawful refusal to bargain See United Marine Division, Local 333,
et al ( New York Shipping Association ), 107 NLRB 686, 712.
4 International Longshoreman's Association et al. ( New York Shipping Association,
Inc etc ), 118 NLRB 1481 , enforcement denied on other grounds , 277 F 2d 681 (CA,
D.C.) Cf. Local 19, International Brotherhood of Longshoremen , AFL-CIO ( Chicago
Stevedoring Co , Inc ), 125 NLRB 61.
LOCAL 164 , PAINTERS , DECORATORS AND PAPERHANGERS 1003
involved herein, by engaging in a strike against the Company to
compel the Company to accept section 13, violated Section 8(b) (3)
,of the Act.
IV. THE REMEDY
Having found that the Respondents have engaged in certain unfair
labor practices, we shall order that they cease and desist therefrom
and take certain affirmative action which we deem necessary to effec-
tuate the policies of the Act.
We have found that by insisting as a condition to Local 164's enter-
ing into a contract with the Company that sections 12 and 13, quoted
above, be included in the contract, Local 164, Johns, and the Inter-
national have refused to bargain collectively with the Company as
required by the Act. As the means by which such refusal to bargain
may be remedied, we shall order that Local 164, upon request, bargain
,collectively with the Company and, if an understanding is reached,
embody such understanding in a signed agreement. We shall also
order that Local 1,64 and Johns cease and desist from insisting, as a
condition to Local 164's entering into a contract, upon the above-
quoted sections 12 and 13 or upon any other proposal not involving
terms and conditions of employment, and that Respondent Interna-
tional cease and desist from instructing Local 164 and Johns to insist,
as a condition to Local 164's entering into a contract, upon the above-
,quoted sections 12 and 13 or upon any other proposals not involving
terms and conditions of employment .8
We shall also order the International and its three locals to cease
and desist from engaging in a strike in order to compel the Company
to agree to the above-quoted sections 12 and 13 in its contract nego-
tiations with Local 164.
'CONCLUSIONS OF LAw
1. Local 164, Local 1287, and Local 1010, Brotherhood of Painters,
Decorators and Paperhangers of America, AFL-CIO, and the Inter-
national Brotherhood of Painters, Decorators and Paperhangers of
America, AFL-CIO, are labor organizations within the meaning of
Section 2 (5) of the Act.
2. At all times material herein, David W. Johns, Local 1010, and
Local 1287 acted as agents for the aforementioned Local 164 and for
9 Wooster Division of Borg-Warner Corporation, 113 NLRB 1288, 1297, enfd. 356 U S
342. The General Counsel, citing Sheet Metal Workers Union Local 65, AFL-CIO
(Inland Steel Products Company), 120 NLRB 1678, sought, as an additional remedy,
an order requiring Respondents to enter into an agreement with the Company without sec-
tions 12 and 13. In that case, the Board found that the respondent had violated sec-
tion 8 (b) (3) of the Act when its representative refused to, sign an agreement whose
terms had already been agreed upon Here, however, Respondent's unlawful action con-
sisted not in refusing to sign an agreement which had been accepted by it but rather
in insisting on incorporating certain clauses in an agreement which was not acceptable
without those clauses.
1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the International Brotherhood of Painters, Decorators and Paper-
hangers of America, AFL-CIO.
3. A. D. Cheatham Painting Company is engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
4. All journeymen painters and apprentices employed by the A. D.
Cheatham Painting Company in the city of Jacksonville, Florida, its
suburbs and surrounding area, excluding office clerical employees and
supervisors within the meaning of the Act, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
5. At all times material herein, Local 164 was the representative of
a majority of the employees in 'the aforesaid unit, and, by virtue of
Section 9(a) of the Act, has been and is now the exclusive representa-
tive of all employees in the aforesaid unit for the purposes of collec-
tive bargaining with respect to rates of pay, hours of employment,
and other terms and conditions of employment.
6. By insisting, as a prerequisite to reaching an agreement on a
contract, that the Company include therein sections 12 and 13, Local
164, Johns, and the International engaged in unfair labor practices
in violation of Section 8(b) (3) of the Act; and, by engaging in a.
strike with the object of compelling the Company to include those
sections, the International and its three aforementioned locals also.
engaged in unfair labor practices in violation of Section 8(b) (3) of
the Act.
7. The aforesaid unfair labor practices having occurred in connec-
tion with the Company's business, as set forth above, have a close,
intimate, and substantial relation to trade among the several States,
and substantially affect commerce within the meaning of Setcion 2(6)
and (7) of the Act.
ORDFR9
Upon the basis of the above findings of fact, the settlement stipula-
tion, and 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 hereby orders that :
A. The Respondents David W. Johns, and Locals 164, 1287, and
1010 of the Brotherhood of Painters, Decorators and Paperhangers of
America, AFL-CIO, and their officers, agents, successors, and assigns,
shall :
1. Cease and desist from :
(a) Restraining or coercing employees of A. D. Cheatham Painting
Company, or any other employer over whom the Board would assert
9 Paragraph 1 of this Order with all its subsections is pursuant to the settlement stip-
ulation of the parties herein . The remainder of the Order is pursuant to the Decision
herein with respect to the issues raised by the parties' stipulation of fact
LOCAL 164, PAINTERS, DECORATORS AND PAPERHANGERS 1005
jurisdiction, in the exercise of the rights guaranteed in Section 7 of
the National Labor Relations Act.
(b) Causing or attempting to cause A. D. Cheatham Painting Com-
pany, or any other employer over whom the Board would assert
jurisdiction, to discriminate against any employees in regard to the
hire or tenure of employment, or any term or condition of employ-
ment, in violation of Section 8(a) (3) of the Act.
(c) Performing, maintaining in effect, or enforcing any agreement,
understanding or practice with A. D. Cheatham Painting Company,
or with any employer over whom the Board would assert jurisdiction,
which requires membership in Local 164, Local 1287, Local 1010, or
in any other local of Respondent International as a condition of
employment.
(d) Performing, maintaining in effect, or enforcing any exclusive
hiring agreement, understanding or practice with A. D. Cheatham
Painting Company, or with any employer over whom the Board would
assert jurisdiction, which in an unlawful manner requires clearance
or referral by Local 164, Local 1287, or Local 1010 as a condition of
employment.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act:
(a) Reimburse the employees of A. D. Cheatham Painting Com-
pany the dues, fees, and assessments which they have paid to : Local
164, as a condition of employment, during the period from December
2, 1958, through June 1, 1959; Local 1287 as a condition of employ-
ment during the period from December 9, 1958, through June 1, 1959;
and Local 1010 as a condition of employment during the period from
December 9, 1958, through June 1, 1959.
(b) Preserve for a period of 2 years from the date this stipulation
is approved by the Board, and upon request, make available to the
Board or its agents for inspection the out-of-work books, referral
slips, and all other records necessary to determine whether Local 164,
Local 1287, and Local 1010 are complying with the provisions of this
Order.
(c) Post immediately at their offices and meeting halls and all
places where notices to members are customarily posted, copies of the
notice to all members and notice to all employees attached hereto
marked "Appendix A." 10 Copies of the notice to all members and
notice to all employees are to be furnished by the Regional Director
for the Twelfth Region which, after being duly signed by Local 164,
10 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 "Pursuant to a Decision and Order"
the words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an
Order "
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 1287, and Local 1010, shall be posted immediately upon receipt
thereof and maintained for 60 consecutive days in conspicuous 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.
(d) Mail to the Regional Director for the Twelfth Region signed'
copies of the said notice for posting, if A. D. Cheatham Painting-
Company is willing, at all jobs of A. D. Cheatham Painting Com-
pany, in places where notices to employees are customarily posted.
Copies of said notice, to be furnished by the Regional Director for
the Twelfth Region, shall, after having been signed by representatives
of Local 164, Local 1287, and Local 1010, and by Johns, be forthwith
returned to the Regional Director for such posting by A. D. Cheatham
Painting Company.
(e) Notify the Regional Director for the Twelfth Region, in writ-
ing, within 10 days from the date of this Order, what steps Local 164„
Local 1287, Local 1010, and Johns have taken to comply herewith.
B. The Respondent, Local 164, Brotherhood of Painters, Deco-
rators and Paperhangers of America, AFL-CIO, its officers, agents,
including David W. Johns, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing to bargain with A. D. Cheatham Painting Company
with respect to rates of pay, wages, hours of employment, or other
conditions of employment in the following appropriate unit : All
journeymen painters and apprentices employed by A. D. Cheatham
Painting Company in the city of Jacksonville, Florida, its suburbs and
surrounding area, but excluding office clerical employees and super--
visors within the meaning of the Act.
(b) Insisting in collective-bargaining negotiations with A. D.
Cheatham Painting Company upon inclusion in the proposed contract
of a clause requiring A. D. Cheatham Painting Company to post a
performance bond or a clause containing residence requirements for
employees of A. D. Cheatham Painting Company not represented by-
Local 164, or any other proposals not involving terms and conditions
of employment of employees represented by it.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act : Upon request, bargain collectively
with A. D. Cheatham Painting Company with respect to rates of pay,,
wages, hours of employment, and other conditions of employment, and,,
if an understanding is reached, embody such understanding in a.
signed agreement.
C. The Respondent International Brotherhood of Painters, Decora-
tors and Paperhangers of America, AFL-CIO, its officers, agents,,
LOCAL 164, PAINTERS , DECORATORS AND PAPERHANGERS 1007
successors, and assigns , shall cease and desist from instructing Re-
spondents , Local 164 and David W. Johns, to insist in collective-
bargaining negotiations with the A . D. Cheatham Painting Company
upon inclusion in any proposed contract of a clause requiring A. D.
Cheatham Painting Company to post a performance bond and a clause
containing residence requirements for employees of A. D. Cheatham
Company not represented by Local 164, or any other proposals not
involving terms and conditions of employment of employees repre-
sented by it.
D. The Respondents, International Brotherhood of Painters, Dec-
orators and Paperhangers of America, AFL-CIO, and its Locals 164,
1287, and 1010 , their officers , agents, successors , and assigns, shall :
1. Cease and desist from causing, or engaging in, any work stop-
page or strike against A. D. Cheatham Painting Company where an
object of such work stoppage and strike is to compel the A. D. Cheath-
am Painting Company to enter into an agreement with Local 164
which includes a clause requiring the A. D. Cheatham Painting
Company to post a performance bond or it clause containing residence
requirements for employees of A. D. Cheatham Painting Company not
represented by Local 164 or any other proposals not involving terms
and conditions of employment of employees represented by it.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post at their respective business offices copies of the applicable
notices attached hereto marked "Appendices B, C, and D." 11 Appro-
priate copies of said notices , to be furnished by the Regional Director
for the Twelfth Region, shall, after being duly signed by official repre-
sentatives of the Respondents , International Brotherhood of Painters,
Decorators and Paperhangers of America, AFL-CIO, and its Locals
164, 1287, and 1010, be posted by the respective Respondents immedi-
ately upon receipt thereof and be maintained by them for 60 consecu-
tive days thereafter in conspicuous places, including all places where
notices to their members are customarily posted. Reasonable steps
shall be taken by Respondents to insure that said notices are not
altered, defaced , or covered by any other material.
(b) Furnish to the Regional Director for the Twelfth Region
signed copies of said Appendices B, C, and D, for posting, the Com-
pany willing , at its place of business in Jacksonville , Florida, and at
all its jobs , in places where notices to employees are customarily
posted. Appropriate copies of said notices , to be furnished by the
Regional Director for the Twelfth Region, shall, after being duly
11 See footnote 10
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
signed by official representatives of the Respondents, be forthwith
returned to the Regional Director for such posting.
(c) Notify the Regional Director for the Twelfth Region, in writ-
ing, within 10 days from the date of this Order, what steps Respond-
ents have taken to comply herewith.
APPENDIX A
NOTICE TO ALL MEMBERS AND NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board based upon a stipulation providing for a consent decree by the
-United States court of appeals, and in order to effectuate the policies
of the National Labor Relations Act, as amended, we hereby notify
,our members, employees and applicants for employment that :
WE WILL NOT restrain or coerce employees of A. D. Cheatham
Painting Company, or any other employer over whom the Board
would assert jurisdiction, in the exercise of the rights guaranteed
in Section 7 of the National Labor Relations Act.
WE WILL NOT cause or attempt to cause A. D. Cheatham Paint-
ing Company, or any other employer over whom the Board would
assert jurisdiction, to discriminate against any employees in re-
gard to the hire or tenure of employment, or any term or condition
of employment, in violation of Section 8(a) (3) of the Act.
WE WILL NOT perform, maintain in effect, or enforce any agree-
ment, understanding, or practice with A. D. Cheatham Painting
Company, or with any employer over whom the Board would
assert jurisdiction, which requires membership in Local 164,
Local 1287, Local 1010, or in any other local of the International
Brotherhood of Painters, Decorators and Paperhangers of Amer-
ica, AFL-CIO, as a condition of employment.
WE WILL NOT perform, maintain in effect, or enforce any exclu-
sive hiring agreement, understanding or practice with A. D.
Cheatham Painting Company, or with any employer over whom
the Board would assert jurisdiction, which in any unlawful
manner requires clearance or referral by Local 164, Local 1287,
or Local 1010 as a condition of employment.
WE WILL reimburse to the employees of A. D. Cheatham Paint-
ing Company the dues, fees, and assessments which they had paid
to Local 164, as a condition of employment, during the period
from December 2, 1958, through June 1, 1959; to Local 1287 as a
condition of employment during the period from December 9,
1958, through June 1, 1959; and to Local 1010 as a condition of
LOCAL 164 , PAINTERS , DECORATORS AND PAPERHANGERS 1009
employment during the period from December 9, 1958, through
June 1, 1959.
LOCAL 164, BROTHERHOOD OF PAINTERS,
DECORATORS AND PAPERHANGERS OF
AMERICA , AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
Dated---------------- ----------------------------------------
DAVID W. JOHNS
LOCAL 1287, BROTHERHOOD OF PAINTERS,
DECORATORS AND PAPERHANGERS OF
AMERICA, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative) (Title)
LOCAL 1010, BROTHERHOOD OF PAINTERS,
DECORATORS A1OD PAPERHANGERS OF
AMERICA, AFL-CIO,
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.
APPENDIX B
NOTICE TO ALL MEMBERS AND NOTICE TO ALL EMPLOYEES
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, employees,
and applicants for employment that :
WE WILL bargain, upon request, with A. D. Cheatham Painting
Company with respect to rates of pay, hours of employment, or
other conditions of employment in the bargaining unit described
below, and embody any understanding reached in a signed agree-
ment.
The bargaining unit is: All journeymen painters and appren-
tices employed by A. D. Cheatham Painting Company in the city
of Jacksonville, Florida, its suburbs, and surrounding area, but
excluding office clerical employees and supervisors within the
meaning of the Act.
554461-60-vol. 126-65
1010 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT insist in collective -bargaining negotiations with
the A. D. Cheatham Painting Company upon a clause requiring
the A. D. Cheatham Painting Company to post a performance
bond or a clause containing residence requirements for employees
of A. D. Cheatham Painting Company not represented by Local
164 or any other proposal not involving terms and conditions of
employment of employees represented by Local 164.
LOCAL 164, BROTHERHOOD OF PAINTERS,
DECORATORS AND PAPERHANGERS OF
AMERICA, AFL-CIO,
Labor Organization.
Dated----- ----------- By-------------------------------------
(Representative ) ( Title)
Dated---------------- ----------------------------------------
DAVID W. JOHNS
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.
APPENDIX C
NOTICE TO ALL MEMBERS AND NOTICE TO ALL EMPLOYEES
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, employees,
and applicants for employment that :
WE WILL NOT instruct David W. Johns or Local 164, Brother-
hood of Painters, Decorators and Paperhangers of America,
AFL-CIO, to insist in collective-bargaining negotiations with the
Company upon it clause requiring the A. D. Cheatham Painting
Company to post a performance bond or a clause containing resi-
dence requirements for employees of A. D. Cheatham Painting
Company not represented by Local 164 or any other proposal not
involving terms and conditions of employment of employees
represented by Local 164.
INTERNATIONAL BROTHERHOOD OF PAINT-
ERS, DECORATORS AND PAPERHANGERS OF
AMERICA, AFL-CIO,
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.
LOCAL 164, PAINTERS , DECORATORS AND PAPERHANGERS 1011
APPENDIX D
NOTICE TO ALL MEMBERS AND NOTICE TO ALL EMPLOYEES
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, employees
and applicants for employment that :
IVE WILL NOT engage in or cause any work stoppage or strike
against A. D. Cheatham Painting Company where the object of
such work stoppage or strike is to compel the A. D. Cheatham
Painting Company to enter into an agreement containing a clause
requiring the A. D. Cheatham Painting Company to post a per-
formance bond or a clause containing residence requirements for
employees of A. D. Cheatham Painting Company not represented
by Local 164 or any other proposal not involving terms and
conditions of employment of employees represented by Local 164.
INTERNATIONAL BROTHERHOOD OF PAINT-
ERS, DECORATORS AND PAPERHANGERS
OF AMERICA, AFL-CIO,
Labor Organization.,
Dated---------------- By-------------------------------------
(Representative ) (Title)
LOCAL 164, BROTHERHOOD OF PAINTERS,
DECORATORS AND PAPERHANGERS OF
AMERICA, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------.
(Representative ) ( Title)
LOCAL 1010, BROTHERHOOD OF PAINTERS,,
DECORATORS AND PAPERHANGERS OF
AMERICA, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
LOCAL 1287 , BROTHERHOOD OF PAINTERS,
DECORATORS AND PAPERHANGERS OF
AMERICA, AFL-CIO,
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.