Local #624, Plumbers

National Labor Relations Board - Board Decisions

Jun 24, 1974

211 N.L.R.B. 942 (N.L.R.B. 1974)

942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local #624, United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting
Industry of the United States and Canada,
AFL-CIO (Power Piping Company) and Jack W.
Bounds and William M. Skinner, Jr. Cases
12-CB-1416 (1 and 3) and 12-CB-1416 (2 and 4)
June 24, 1974
DECISION AND ORDER
BY MEMBERS FANNING, KENNEDY, AND
PENELLO
On March 7, 1974 , Administrative Law Judge John
M. Dyer issued the attached Decision in this
proceeding . Thereafter, Respondent filed exceptions
and a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the record and the
attached Decision in light of the exceptions and brief
and has decided to affirm the rulings , findings, and
conclusions of the Administrative Law Judge and to
adopt his recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the recommend-
ed Order of the Administrative Law Judge and
hereby orders that Local #624, United Association
of Journeymen and Apprentices of the Plumbing and
Pipefitting Industry of the United States and Cana-
da, AFL-CIO, Tampa, Florida, its officers, agents,
and representatives, shall take the action set forth in
the said recommended Order.
DECISION
STATEMENT OF THE CASE
JOHN M. DYER, Administrative Law Judge: Jack W.
Bounds and William M. Skinner, Jr., individuals, and
members of local unions affiliated with the United
Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United States and
Canada, AFL-CIO, herein called the International, filed
charges on December 14 and 17, 1973,1 against Local
#624 of the International , herein called Local #624, or
Respondent, alleging that Local #624 had violated Section
8(b)(1)(A) and (2) of the Act by refusing to refer them for
employment because they were not members of Local
#624, and by refusing to let them use Local #624's
exclusive hiring hall facilities because they filed charges
I Unless stated otherwise all dates herein refer to 1973.
against Respondent with the National Labor Relations
Board , without exhausting the remedies available under
Respondent's and the International 's constitutions.
Local #624's timely answer denied that it had violated
the Act in any way . In the trial of this matter, held
February 7, in Tampa, Florida, Local #624 stipulated to
the commerce factors, the status of Robert E. Lofley as
Local #624's business manager, and that J. D. Perkins was
an organizer on Local #624' s staff.
On the basis of the testimony, particularly that of
Business Manager Lofley, I find that Respondent has
violated Section 8(bXl)(A) and (2) of the Act and will enter
an appropriate order. The parties were afforded full
opportunity to appear , to examine and cross -examine
witnesses , and to argue orally at the trial in this matter.
General Counsel presented an oral argument and Respon-
dent filed a brief which has been fully considered.
On the entire record in this case , including my evaluation
of the reliability of the witnesses , based on the evidence
received, I make the following:
FINDINGS OF FACT
1. COMMERCE FINDINGS AND UNION STATUS
Power Piping Company and some 60 other employers in
the area of Tampa, Florida , are engaged in the construc-
tion industry and individually, and/or collectively, pur-
chase and receive goods, supplies , and materials valued in
excess of $50,000 directly from points outside the State of
Florida. Power Piping Company has signed a contract with
the International which provides that it will perform all
work in accordance with the agreement of the local union
of the International which has geographical jurisdiction
over a particular jobsite.
An employer association composed of some 60 area
employers in the Tampa area, called the Associated
Plumbing & Mechanical Contractors of Tampa, Inc., has
an agreement with Local #624 which provides, among
other things , that the association members and those who
signed the agreement will hire all journeymen plumbers,
pipefitters , and air conditioning mechanics through Local
#624's hiring hall. Local #624 has geographical jurisdic-
tion in the Tampa area and at the site of the Gannon
Power Station where Power Piping was performing its work
in the winter of 1973-74.
Respondent, Local #624, and the other parties agree
that Power Piping Company and the members of the
Associated Plumbing and Mechanical Contractors of
Tampa, Inc., are engaged in commerce within the meaning
of Section 2(6) and (7) of the Act.
The parties agree , and I find, that Local #624, the
Respondent herein , is a labor organization within the
meaning of Section 2(5) of the Act.
II. THE UNFAIR LABOR PRACTICES
A. Background and Facts
The contract between Respondent Local #624 and the
Associated Plumbing and Mechanical Contractors of
211 NLRB No. 148
LOCAL #624, PLUMBERS 943
Tampa, Inc., provides for the establishment of a hiring hall
and sets forth specific conditions as to how the hiring hall
is to be run , and how hiring hall job applicants are to be
hired and in what order.2
Robert Lofley, the business manager for Local #624,
testified specifically as to how he operates the hiring hall
and the manner of referring applicants to jobs. Lofley said
he has been the business manager for 32 months and in
accordance with the procedures for the past 15 years, as set
by the hiring hall committee, he had maintained separate
lists for short-time jobs and for long-time jobs and that
long-time jobs can be bid by telephone and are not read off
in the morning at the 7 a.m. meeting time as are the short-
time jobs. (In accordance with the following testimony it is
fair to presume that long-time jobs can be bid only by
members of Local # 624.) Otherwise Local # 624 has four
separate lists: the "A" list consists of Local #624
members; the "B" list consists of union members whose
locals are in the State of Florida; the "C" list contains the
names of all union members from locals outside the State
of Florida; and the "D" list is for anyone else. Mr. Lofley
stated that at 7 a.m. every morning he reads off the job
orders for the day and the people who are on the "A" list
decide whether they want to take those jobs or not. If any
jobs are left over after reading through the "A" list and
there are "travel card members" present at the hall, he may
ask them if they want the jobs and they then take them in
the order of their preference on the "B" or "C" lists.
Jack Bounds , who is a "travel card member" (his local is
in Colorado and he has a travel card and is a resident of
Florida) and William M. Skinner, Jr., a "travel card
member" (his local is in Delaware, and he is a resident of
Florida) both sought work through Local #624. In the fall
of 1973 they were referred by organizer J. D. Perkins
through Respondent to Power Piping Company for work at
the Gannon Power Station located at Black Point. At that
time they were told by Perkins to show up at the union hall
ready for work, that it was not necessary to sign a book or
list. They, with a number of other "travel card men"
worked until they were laid off on Friday, December 7,
when Power Piping laid off some 28 men. On Monday,
2 The following are the applicable provisions from the contract:
ARTICLE VIII
Section 3. Exclusive Hiring . Employers shall hire qualified Journey-
men Plumbers , Pipefitters and Air Conditioning Mechanics by calling
the Union . Whenever an Employer requires a Journeyman Plumber,
Pipefitter or Air Conditioning Mechanic on any job, he shall notify the
Local Union office, either in writing or by telephone , stating the
location, starting time, approximate duration of the job, the type of
work to be performed and the number of workmen required.
Section 4 . In the event the union is unable , within 48 hours of a
written request (Saturdays, Sundays and Holidays excluded), to supply
Journeymen , the employer may secure employees from any source. In
such event , the employer agrees to promptly notify the union of the
name and address and date of hiring of any such employee hired.
Section 5 . Qualifications . Qualified Journeymen Plumbers, Pipefit-
ters and Air Conditioning Mechanics shall be hired and/or rehired in
accordance with the following procedures:
Group 1. Journeymen plumbers, pipefitters and air conditioning
mechanics who have been employed by any contractor party to the
Agreement (as hereinafter defined ), who have worked for any such
contractor for a period of at least sixteen hundred ( 1600) hours in each
December 10, Bounds and Skinner went to Local #624 for
the 7 a.m. reading of the job list. They were unable to
secure any work that day. On Tuesday, December 11, in
the 7 a.m. job reading was a listing of six fitter and eight
welder jobs for Power Piping at Black Point. Apparently
six fitter jobs and two welder jobs were filled from Lofley's
"A" list that morning. The other jobs were not offered to
the "travel card members." On Wednesday, December 12,
one more of the welder's jobs for Power Piping was filled
from the "A" list but the remaining five welder jobs again
were not referred to the 25 or so "travel card members"
including Bounds and Skinner who were then present in
the hall. Later that day Bounds called Power Piping
Supervisor May asking if the Company was dissatisfied
with his work and if he could be hired. May said he would
check and see if an order for men was still in and to call
back at 1 p.m. That afternoon May told Bounds the
Company still had an order in and to contact some of the
other laid-off men to be at the union hall the next morning
and the Company would request their referral. May, who is
a member of Respondent, confirmed Bounds' call and that
he checked and later told him the Company was hiring but
denied saying the Company would request specific people.
On Thursday morning the same jobs for Power Piping
were read off and no referrals from the "A" list were made
nor were the jobs offered to others. Bounds asked
organizer J. D. Perkins about the jobs and Perkins replied
he did not think anybody would be sent out there until
Friday or Monday. Bounds next asked Lofley about the
jobs and Lofley said, "I have members that are on short
jobs that will probably be back in the hall. And that if he
did send us out there, he would have to bump us off the job
again."
Bounds and Skinner went out to the jobsite and inquired
of Supervisor May what the problem was that they could
not be referred. May said he would contact Company
Superintendent Shaffer.
Shaffer testified that he cancelled the balance of the
order for men on Thursday, December 13, after ascertain-
ing that job needs had changed.
Despite this testimony, Bounds and Skinner testified that
of any two consecutive calendar years, that is, January through
December, and who have domiciled within geographical area as
described in Article VII, Section 2(a), covered by this collective
Bargaining Agreement (that is, maintains a permanent family home
within this geographical area, and when working outside this
geographical area, intends to return to such home.
Group 2. Qualified Journeymen Plumbers, Pipefitters and Air
Conditioning Mechanics who do not qualify for registration in Group
1, as set forth above, but who are domiciled within the State of Florida,
for this group , domicile means maintaining a permanent family home
within the State of Florida and, when working outside of this
geographical area, intends to return to such home. The Joint
Examining and Grievance Committee shall determine all questions
concerning the location of the domicile or permanent home of any
individual covered by this Agreement.
Group 3. All Journeymen Plumbers, Pipefitters and Air Condition-
ing Mechanics who do not qualify for registration in Group 1 or 2 as
set forth above. The Employer and the Union shall make up and
prepare a roster for preference of rehire by grouping all Plumbers,
Pipefitters and Air Conditioning Mechanics who come within the
above qualifications . "Contractors" under this paragraph means (1)
any contractor party to this Agreement, (2) an out of town Contractor
who adopts or works under this Agreement, or (3) any contractor who
employs any Journeymen Plumber, Pipefitter or Air Conditioning
Mechanic under the terms of this Agreement.
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
again on Friday, December 14, the five welder jobs were
read off and no one took them from the "A" list, and no
one else was given a chance to accept the five jobs.
That same day, Bounds and Skinner filed charges with
the National Labor Relations Board.
On Monday, December 17, Bounds and Skinner again
showed up at the hall and before the morning list was read,
Lofley came out into the hall and said he wanted to see
Skinner and Bounds, mispronouncing Bounds' name at
that point. They went into the office with Lofley, who also
invited a Robert Dodds, a member of Local #624's
executive board, to come into the office with them.
Although first stating he had four witnesses to the
conversation, Lofley could only remember Dodds. At this
point the testimony differs. Lofley testified that he told
Skinner and Bounds that they had acted contrary to the
union constitution and he had no recourse but to write to
their locals telling them that they had violated section 2303
of the constitution, which he said provided that they must
exhaust all administrative remedies before going outside of
the Union.
Skinner and Bounds testified that Lofley told them the
charge was not worth the paper it was written on and gave
them 5 minutes to clear out of the hall, for their own safety.
According to Bounds, Lofley added that the union hall
would be closed to "travelers" and they would not have to
worry about working out of there again. As they were
leaving the office, Bounds stopped to talk to a man he had
known at the Power Piping job, and Lofley told the
individual not to speak to them. They then proceeded to
near the entrance of the hall and were getting some
questions from other "travel card members" as to what had
transpired, when Lofley again approached and told them
to get out of the hall.
When questioned as to trouble which he indicated he
expected, Lofley testified that within a few minutes of
receiving the charge in the Local's office, the fact became
known to a number of members throughout the building
and he anticipated there might be trouble.
Neither Bounds nor Skinner has been back to the union
hall since they were told to leave by Lofley.
Lofley partially denied some of the statements attributed
to him but I did not find such denials convincing.
B. Analysis
On the basis of the admitted manner in which the hiring
hall is run, it is clear that it is not run in accordance with
the nondiscriminatory terms embodied in the contract
(supra ), and is being run illegally. Respondent's brief
attempts to equate the contract terms with Lofley's
admissions , but his description reads out the contract terms
so that no type of math could support such an equation.
The question of whether the charging parties met the terms
of the contract for inclusion in either group I or group II is
therefore irrelevant . See Plumbers Steamfitters Local Union
No. 60, 184 NLRB 732; Local Union No. 58, Plumbers, 187
NLRB 152, and Local 117, Carpenters, 189 NLRB 690,
which I find are not so distinguishable . Accordingly, I will
recommend that Respondent cease and desist from using
the present method and abide by the methods set forth in
its contract or some other reasonable and suitable
nondiscriminatory method agreed to by all parties.
Respondent's denial of the use of the exclusive hiring
hall to Skinner and Bounds violates the Act, in that this
threat and enforcement originated because Skinner and
Bounds had filed charges under the Act as they are legally
entitled to do. I find that such action is violative of Section
8(bx1XA) of the Act. See Operative Plasterers Local 521,
189 NLRB 553, 558, which I find is in point.
I further find that by the discriminatory methods used,
Respondent has deprived Skinner and Bounds, and
probably other qualified job referral applicants, of work to
which they were entitled to be referred . Accordingly, I will
recommend that Respondent reimburse Skinner and
Bounds and make them whole for work which they
normally would have received had Respondent been
operating a nondiscriminatory hiring hall under its
contractual -obligations.
The testimony in this case, particularly Lofley's unde-
nied December 13 statement re having to bump "travelers"
off jobs for Local #624 men, plus the circumstances of the
December 7 layoff and the December 10 order for
employees, suggests that Respondent may be engaging in
other activities violative of the Act, but such was not
alleged or litigated in this proceeding.
III. THE EFFECT OF THE UNFAIR LABOR PRACTICES
The activity of Respondent as set forth in section II,
above, and therein found to constitute unfair labor
practices in violation of Section 8(bx1XA) and 8(b)(2) of
the Act, occurring in connection with the business
operations of the Company as set forth in section I, above,
have a close, intimate , and substantial relationship 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.
IV. THE REMEDY
Having found that Respondent violated Section
8(bx1XA) and 8(bX2) of the Act, I shall recommend that it
cease and desist therefrom . Accordingly, since I have
found that Respondent denied referrals for employment to
Jack W. Bounds and William M. Skinner , Jr., on
December 11, 1973, and on various dates thereafter when
work was available and other welders and fitters were
referred , it will be ordered that Respondent make them
whole for any loss of earnings suffered by each of them
from and after December 11, as a result of the discrimina-
tion practiced against them. Such payment shall be equal
to the amount of wages each would have earned as wages
but for the aforesaid discrimination. Their backpay shall
be computed in the manner set forth in F. W. Woolworth
Company, 90 NLRB 289, together with interest at the rate
3 Section 230 of the constitution reads as follows : matter pertaining to this organization or its Local Unions, or his
No officer, representative or member of the United Association or membership, or his office, until all remedies provided for within the
its Local Unions , or District Councils, or State or Provincial United Association 's Constitution have been fully exhausted.
Associations shall resort to court proceedings of any description, in any
LOCAL #624, PLUMBERS
of 6 percent per annum as provided in Isis Plumbing &
Heating . Co., 138 NLRB 716.
Respondent shall also notify Power Piping Company in
writing, and furnish Bounds and Skinner a copy, that it has
no objection to their employment by the Company and
that they will have full use of the hiring hall facilities
without discrimination in connection with referrals for
employment.
Because of the described manner in which the hiring hall
has been run, it is necessary that the practice be stopped
and that Respondent notify all the members of the
Associated Plumbing and Mechanical Contractors of
Tampa, Inc., and Power Piping Company in writing, that
henceforth it will refer prospective employees in the
nondiscriminatory manner set forth in its contract with
that Association.
Further I shall recommend that Respondent cease and
desist from telling its members or members of the
International or its locals that they can be brought up on
charges if they file charges with the National Labor
Relations Board without exhausting internal union reme-
dies.
On the basis of the foregoing findings and the record
herein, I make the following:
CONCLUSIONS OF LAW
I. Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
2. The Company is an employer within the meaning of
Section 2(2) of the Act.
3. The Company is engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
4. By discriminatorily refusing to refer Jack W. Bounds
and William M. Skinner, Jr., for employment at Power
Piping Company on and after December 11, 1973,
Respondent violated Sections 8(b)(2) and 8(b)(1)(A) of the
Act.
5. By discriminatorily refusing to allow Jack W.
Bounds and William M. Skinner, Jr., to use the exclusive
hiring hall and by ordering them from the hall because
they filed charges with the National Labor Relations
Board, Respondent violated Section 8(b)(2) and 8(b)(1)(A)
of the Act.
6. By operating its exclusive hiring hall in a discrimina-
tory manner and not in a nondiscriminatory manner as
provided in its contract with the Associated Plumbing &
Mechanical Contractors of Tampa, Inc., Respondent
violated Section 8(b)(1)(A) and 8(b)(2) of the Act.
7. By telling its members and members of other locals
of the International that all members could be brought up
on charges for having filed charges against the Respondent
with the National Labor Relations Board without exhaust-
ing their internal union remedies, Respondent has violated
Section 8(b)(1)(A) of the Act by attempting to coerce and
4 In the event no exceptions are filed as provided by Section 102.46 of
the Rules and Regulations of the National Labor Relations Board, the
findings, conclusions , recommendations , and recommended Order herein
shall, as provided in Section 102.48 of the Rules and Regulations, be
adopted by the Board and become its findings , conclusions, and order, and
all objections thereto shall be deemed waived for all purposes.
945
threaten International and Respondent members to restrict
their access to National Labor Relations Board processes.
8. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of
Section 2(6) and (7) of the Act.
RECOMMENDED ORDER4
Upon the basis of the foregoing findings of fact and
conclusions of law and the entire record in this case, I
recommend that Respondent, its officers, agents, and
representatives, shall:
1. Cease and desist from:
(a) Discriminating in the hire and tenure of Jack W.
Bounds and William M. Skinner, Jr., by failing and
refusing to refer them to work at Power Piping Company
or other companies because of their nonmembership in
Respondent.
(b) Refusing to allow Jack W. Bounds and William M.
Skinner, Jr., to enter and use the exclusive hiring hall
facilities run by Respondent.
(c) Running the hiring hall in an illegal discriminatory
manner.
(d) Threatening or coercing International members and
Respondent members in their access to the National Labor
Relations Board by informing them that charges could be
brought against them for filing charges'with the National
Labor Relations Board without exhausting union internal
remedies.
(e) In any other manner restraining or coercing employ-
ees and International and Respondent members in the
exercise of their rights guaranteed in Section 7 of the Act.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Notify Power Piping Company in writing, with a copy
to Jack W. Bounds and William M. Skinner, Jr., that it has
no objection to their employment and that they will have
full use of the hiring hall facilities without discrimination in
connection with referrals for employment.
(b) Make Jack W. Bounds and William M. Skinner, Jr.,
whole for any loss of pay or other loss such as seniority,
etc., which they suffered as a result of the discrimination
against them as set forth in the section of this Decision
entitled "The Remedy."
(c) Notify Power Piping Company and all the members
of the Associated Plumbing and Mechanical Contractors
of Tampa, Inc., that it will refer prospective employees in
the nondiscriminatory manner set forth in its contract with
that association.
(d) Post at its business office, union hall, and any other
place where it customarily posts notices to members, copies
of the attached notice marked "Appendix." 5 Copies of the
notice shall also be posted at the Employer's place of
business if the Employer is willing. Notices on forms
provided by the Regional Director for Region 12, after
being signed by an authorized representative of the
S In the event that the Board 's 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 be changed to read
"Posted Pursuant to a Judgment of the United States Court of Appeals
Enforcing an Order of the National Labor Relations Board."
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent, shall be posted by the Respondent immedi-
ately upon receipt thereof in the manner provided above.
Notices are to be posted for 60 consecutive days in
conspicuous places including all places where notices to
members are customarily posted. Reasonable steps shall be
taken by Respondent and by the Employer to insure that
the notices are not altered, defaced, or covered by any
other material.
(e) Notify the Regional Director for Region 12, in
writing, within 20 days from the receipt of this Decision,
what steps have been taken to comply herewith.
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
Following a trial in which the Union and the General
Counsel of the National Labor Relations Board participat-
ed and offered evidence , it has been found that we violated
the Act . We have been ordered to post this notice and we
intend to carry out the order of the Board and abide by the
following:
WE WILL NOT discriminate in the hire and tenure of
Jack W. Bounds or William M . Skinner , Jr., by failing
and refusing to refer them to work because of their lack
of membership in Local #624.
WE WILL make Jack W. Bounds and William M.
Skinner , Jr., whole for any loss of pay they suffered as a
result of the discrimination practiced against them.
WE WILL refer Jack W . Bounds and William M.
Skinner, Jr., for employment in a nondiscriminatory
manner such as is provided in our contract with the
Associated Plumbing and Mechanical Contractors of
Tampa, Inc.
WE WILL notify Power Piping Company that we
have no objection to their hiring Jack W. Bounds and
William M . Skinner, Jr., and that they will have full use
of our hiring hall without discrimination based on their
lack of membership in Local # 624.
WE WILL notify all members of the Associated
Plumbing and Mechanical Contractors of Tampa, Inc.,
that we will refer prospective employees to them in the
nondiscriminatory manner set forth in our contract
with that Association.
WE WILL NOT try to keep union members from filing
charges against Local #624 with the National Labor
Relations Board , by suggesting to or telling employee-
members that union charges could be brought against
members for not exhausting internal union remedies.
Our members and all International members are free to
file charges with the National Labor Relations Board
against Local #624 without fear of any union charges
being brought against them for not exhausting internal
union remedies.
WE WILL NOT in any other manner restrain or
coerce employees in their legal right to join, or, if they
choose, not to join the Union.
Dated By
LOCAL #624 , UNITED
ASSOCIATION OF
JOURNEYMEN AND
APPRENTICES OF THE
PLUMBING AND PIPEPITTING
INDUSTRY OF THE UNITED
STATES AND CANADA,
AFL-CIO
(Labor Organization)
(Representative) (Title)
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 questions concerning this notice or compliance with
its provisions may be directed to the Board 's Office, Room
706, Federal Office Building, 500 Zack Street , P.O. Box
3322 , Tampa, Florida 33602 , Telephone 813-228-2641.