Local 792, Int'l Association of Bridge, Etc.

National Labor Relations Board - Board Decisions

Aug 15, 1963

143 N.L.R.B. 1338 (N.L.R.B. 1963)

1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall be taken by Respondent to insure that said notices are not altered , defaced, or
covered by any other material.
(e) Notify the said Regional Director , in writing , within 20 days from the date
of this Intermediate Report and Recommended Order , what steps it has taken to
comply herewith.21
"'In 'the event that this Recommended Order be adopted by the Board , this provision
shall be modified to read : "Notify the said Regional Director , in writing, within 10 days
from the date of this Order , what steps It has taken to comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the Natic ,Ial Labor Rela-
tions Act , as amended , we hereby notify our employees that:
WE WILL NOT discharge any of our employees or discriminate in regard to
their hire , tenure of employment , or any term or condition of employment,
because they have engaged in concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
WE WILL NOT in any like or related manner interfere with , restrain , or coerce
employees in the exercise of any of their rights protected by Section 7 of the Act.
WE WILL offer Johnny H. Chatman immediate and full reinstatement to his
former or substantially equivalent position , without prejudice to any rights and
privileges he previously enjoyed.
WE WILL make whole Johnny H. Chatman for loss of pay suffered as a result
of his discharge.
CIRCLE CONTRACTING CO., INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
NOTE.-We will notify the above-named employee if presently serving in the
Armed Forces of the United Sates of his right to full reinstatement upon application
in accordance with the Selective Service Act and the Universal Military Training
and Service Act of 1948 , as amended , after discharge from the Armed Forces.
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, Sixth
Floor, 707 North Calvert Street , Baltimore, Maryland, 21202, Telephone No.
752-8460, Extension 2100, if they have any question concerning this notice or com-
pliance with its provisions.
Local 792, International Association of Bridge , St, •uctural, and
Ornamental Iron Workers , AFL-CIO, and its ag ant, Keith H.
Dickerson [Nichols Engineering & Materials (o., Inc.] and
Raymond R . Mubi. Case No. 21-CB-1944. Aug? 9t 15, 1963
DECISION AND ORDER
On May 10, 1963, Trial Examiner David F. Doyle issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondents had engaged in and were engaging in certain unfair
labor practices and recommending that they cease and desist there-
from and take certain affirmative action, as set forth in the attached
Intermediate Report. Thereafter, the Respondents filed exceptions
to the Intermediate Report and a supporting brief.
143 NLRB No. 125.
LOCAL 792, 1NT'L ASSOCIATION OF BRIDGE, ETC. 1339
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 [Chairman McCulloch and Members Rodgers and
Fanning].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Interme-
diate Report and the entire record, in the case, including the excep-
tions and brief, and hereby adopts the findings, conclusions, and
recommendations of the Trial Examiner.'
ORDER
The Board adopts as its Order the Recommended Order of the Trial
Examiner.
'We concur in the Trial Examiner ' s finding that the Respondents violated Section
8(b) (2) of the Act by causing the Company to discharge employee Raymond R. Mubi In
doing so, we rely on the fact that Respondent Dickerson caused Mubi 's discharge for the
reasons that Mubi had opposed the manner in which Dickerson administered the Union's
referral system with respect to Mubi, and Mubi had indicated his intention to file charges
with the Board protesting his inability to obtain work through the hiring hall because
Dickerson had reclassified Mubi from a class ( B) member to a class ( E) member.
INTERMEDIATE REPORT AND RECOMMENDED ORDER
STATEMENT OF THE CASE
This proceeding , with all parties represented , was heard by Trial Examiner David
F. Doyle at Los Angeles, California, on December 12 and 13, 1962, on complaint of
the General Counsel and answer of Local 792, International Association of Bridge,
Structural , and Ornamental Iron Workers, AFL-CIO, and its agent , Keith H . Dicker-
son.' The issues litigated were whether the Respondents violated Section 8(b)(1)
(A) and (2) of the Act by certain conduct of Dickerson which will be more fully
described hereinafter.
Upon the entire record and my observations of the witnesses , I hereby make the
following:
FINDINGS AND CONCLUSIONS
1. THE BUSINESS OF THE COMPANY
The Company is a Texas corporation which is engaged in the fabrication and erec-
tion of aluminum curtain walls in several States, including California. During the
last 12-month period , the Company purchased or received goods valued in excess of
$50,000, which originated outside the State of California . During the same period
the Company performed services to customers outside the State of California in ex-
cess of $50,000.
It is conceded and I find that at all times material herein the Company has been
an employer engaged in commerce within the meaning of Section 2(6) and (7) of
the Act.
i In this report Local 792, International Association of Bridge , Structural , and Orna-
mental Iron Workers, AFL-CIO, is referred to as the Union ; and the Union , together with
its agent Dickerson , as the Respondents ; Nichols Engineering & Materials Co., Inc., as the
Company ; the National Labor Relations Board as the Board ; the National Labor Rela-
tions Act, as amended , as the Act; and the General Counsel of the Board and his repre-
sentative at the hearing as the General Counsel
The charge herein was filed on August 30, 1962 , and complaint issued on November 2,
1962
It should be noted that all dates In this report are in the year 1962 unless otherwise
specified
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE LABOR ORGANIZATION INVOLVED
It is conceded and I find that the Union is, and at all times material herein has been,
a labor organization within the meaning of Section 2(5) of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICES
The complaint alleges and the answer denies that the Respondents committed
unfair labor practices in violation of Section 8(b)(1)(A) and (2 ) of the Act by the
following conduct of Dickerson : ( a) In the first week in June, Dickerson threatened
Mubi, the Charging Party, with loss of employment if Mubi filed unfair labor practice
charges against the Union; ( 2) on June 12 Dickerson caused the Company to dis-
charge Mubi from employment.
Undisputed Facts
It is undisputed that the Union conducts its operations in the Los Angeles, Cali-
fornia, area . Its business agent is Keith H . Dickerson , who is named in the com-
plaint . During the months of May, June, and July, 1962, the Company was engaged
in the erection of a building known as Union Bank Square , 500 South Main Street,
Orange, California . It is undisputed that Homer E. Long, who is the erection
superintendent for the Company, had charge of that job and that George S. (Shorty)
Stanley was foreman . The Union was represented on the job by Burl Kruger, job
steward.
The Reclassification of Mubi
In March 1962, Mubi became a member of the Union. He went to the union ball
almost daily seeking dispatch to a job but he was dispatched only occasionally.
From the evidence it is clear that Dickerson and Mubi did not get along. One cause
of their disagreement was that when Mubi first joined the Union, Dickerson classified
him as a class ( B) member under the area contract which provided for certain
priorities in dispatch . Early in June Dickerson changed Mubi's classification to
class (E). This change decreased Mubi's priority and chance for dispatch, and he
complained about it to Dickerson . This reclassification and Mubi's resistance to it,
became the source of antagonism between the men.
On or about June 4, Mubi and another member of the Union by the name of
Harold Doyle took it upon themselves to scout around to see if there were construc-
tion jobs on which members of the Union could or should be employed. On this par-
ticular morning Doyle and Mubi returned to the union hall about 10 a.m. There
they encountered Dickerson who told Mubi that he had heard that Mubi was doing
a lot of complaining about not getting enough work and that he had heard that Mubi
was going to file charges against him with the National Labor Relations Board.
Mubi replied that be was going to file charges against Dickerson with the Board
because he did not think that Dickerson was conducting the dispatch of men in a
fair manner . Dickerson then told Mubi that he had heard of a case in which a man
filed charges with the Board, and then lost the case, and that thereafter the man was
blacklisted so he could not get any work through his own local or any of the locals
in California. Dickerson said that a business agent could starve a man out, if the
business agent wanted to. On June 11 Mubi filed a written grievance with the
Union's executive board, stating that he wished to discuss with them the propriety
of Dickerson's conduct in reclassifying him into class (E).
Mubi is Dispatched and Discharged
On the same day, June 11, Long, the Company's superintendent , advised Stanley,
the foreman , and Kruger , the job steward , that the Comnany would need additional
men on the following morning. According to Stanley , about 8 p.m that evening
Dickerson phoned him. Dickerson told Stanley that he was going to dispatch Mubi
to the job on the following morning, but that the Company was to keep him for only
2 hours and then discharge him. Dickerson said that Mubi was an agitator, trouble-
maker , and one who did not go along with Dickerson . On the next morning, about
8:30 a m., Stanley told Superintendent Long about this conversation with Dickerson.
On the following morning Mubi was dispatched to the job. He arrived and
reported for work around 11 am. At approximately the same time Job Steward
Kruger told Stanley that Mubi was to be kept on the job for only 2 hours and then
sent home. Kruger explained that Mubi was not one of Dickerson's men and that
Dickerson had ordered this action in regard to Mubi. Stanley told Kruger to tell
this to Long, as the latter was in charge. Kruger then went to Long and explained
to Long why he was to hire and fire Mubi. Long said that he did not like the idea.
LOCAL 792, INT'L ASSOCIATION OF BRIDGE, ETC. 1341
Kruger told Long that Long had better fire Mubi or Dickerson would come on the job
and personally fire Mubi.
Around 2 p.m. Dickerson came on the job and asked Long why he had not fired
Mubi as he had been ordered to do. Long said that he did not think he had to
dismiss Mubi like that. Dickerson then told Long to have Mubi off the job by 2:30
p.m., and he added that if Long did not fire Mubi, Long would be behind the eight
ball with him, and Long would not get qualified men from the hall, and that Dickerson
would see to it that the men supplied to Long would draw $7 a day subsistence, as an
extra. Long then made out a check for Mubi and took it to Stanley; but Dickerson,
who was with Stanley, took the check from Long, gave it to Job Steward Kruger, and
told Kruger to fire Mubi. Kruger delivered the check to Mubi and told him he was
fired.
As he was leaving, Mubi asked Foreman Stanley why he was fired. Stanley said
that Dickerson had said that Mubi was only a "railing and staircase man," and was
not qualified to do the work required on the job.
After Mubi left the job, Dickerson demanded that Long write a letter stating that
Muhi was fired because he came on the job without tools or work clothes and was
not qualified to do the job. Long objected to writing the letter, but he capitulated
when Dickerson again renewed his threats to withhold qualified men from the job and
send $7 subsistence men to the project.
The Reemployment of Mubi
After he was discharged Mubi sought out the president of the Union, Bearden, and
told him what had happened. Bearden said he would investigate the matter.
On July 2 Long, Stanley, and Bearden met at Orange, California. Long told
Bearden how he had been ordered by Dickerson to fire Mubi and that he had com-
plied only because of Dickerson's threats against the job. Long said he was thinking
of filing charges against Dickerson within the Union. Long also said he wanted to
put Mubi back to work.
On July 27 Long wrote a letter to Mubi asking him to return to work and on the
same day Long wrote a letter to Dickerson asking that Mubi, by name, be dispatched
to his job under a particular provision of the contract permitting such a special
request. Mubi returned to the job on July 30, and worked until he was laid off
on August 14. Later Mubi was recalled on September 13, and worked until Sep-
tember 25. It is not claimed that the last two layoffs were discriminatory.
The summary above is a composite of the testimony of Mubi, Long, Stanley,
Doyle, and Bearden. These witnesses all testified in a fair, straightforward manner,
and their testimony was mutually corroborative. Their testimony, which I credit,
proves overwhelmingly the commission of the unfair labor practices alleged in the
complaint.
Dickerson and Kruger, the job steward, testified in defense of the Respondents, but
their testimony was extremely unconvincing and inadequate. I do not accept it.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents set forth in section III, above, occurring in con-
nection with the operations of the Company described in section I, above, have a
close, intimate, and substantial relation to trade, traffic, and commerce among the
several States, and tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondents have engaged in unfair labor practices within
the meaning of Section 8(b)(1)(A) and (2) of the amended Act, the Trial Ex-
aminer will recommend that they cease and desist therefrom and take certain af-
firmative action designed to effectuate the policies of the amended Act.
Having found that in violating Section 8(b)(1)(A) and (2) of the Act, the Re-
spondents have deprived Raymond R. Mubi of employment by the Company, it
will be recommended that: (1) The Respondents notify the Company, in writing,
and furnish a copy of said notification to Raymond R. Mubi, that they have with-
drawn their objections to the employment of Mubi as an ironworker by the Com-
pany on any of its jobs in California, and request the Company to offer Raymond R.
Mubi employment; and (2) the Union make Raymond R. Mubi whole for any loss
of pay he may have suffered by reason of the Respondent's preventing his employ-
ment by the Company from June 12 to July 30, 1962 Such loss of pay shall be com-
puted in the manner established by the Board in F. W. Woolworth Company, 90
NLRB 289, and Isis Plumbing & Heating Co., 138 NLRB 716.
1342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the above findings of fact and upon the entire record in the case I make the
following:
CONCLUSIONS OF LAW
1. Nichols Engineering & Materials Co., Inc., is an employer engaged in com-
merce within the meaning of Section 2(6) and (7) of the Act.
2. Respondent Local 792, International Association of Bridge, Structural, and
Ornamental Iron Workers, AFL-CIO, is a labor organization within the meaning
of Section 2(5) of the Act, and Respondent Keith H. Dickerson is its agent.
3. By restraining and coercing employees in the exercise of the rights guaranteed
in Section 7 of the Act, the Respondents have engaged in and are engaging in unfair
labor practices within the meaning of Section 8(b)(1)(A) of the amended Act.
4. By causing Nichols Engineering & Materials Co., Inc., an employer, to dis-
criminate against employees in violation of Section 8(a)(3) of the amended Act,
the Respondents have engaged in and are engaging in unfair labor practices within
the meaning of Section 8(b) (2) of the amended Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the amended Act.
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and conclusions of law, I recom-
mend that Local 792, International Association of Bridge, Structural, and Orna-
mental Iron Workers, AFL-CIO, and its officers, representatives, agents, including
Keith H. Dickerson, its business agent, successors, and assigns, shall:
1. Cease and desist from:
(a) Causing or attempting to cause Nichols Engineering & Materials Co., Inc.,
or any other employer over whom the Board would assert jurisdiction, to terminate
the employment of any employee or otherwise to discriminate against any employee
in violation of Section 8(a) (3) of the Act.
(b) In any like or related manner restraining or coercing employees, or prospec-
tive employees, of Nichols Engineering & Materials Co., Inc., or of any other em-
ployer over whom the Board would assert jurisdiction, in the exercise of the rights
guaranteed in Section 7 of the Act, except to the extent that such rights may be
affected by an agreement requiring membership in a labor organization as a condition
of employment as authorized in Section 8 (a) (3) of the Act.
2. Take the following affirmative action which I find will effectuate the policies
of the Act-
(a) Notify Nichols Engineering & Materials Co., Inc, in writing, and furnish a
copy to Raymond R. Mubi, that the Union has no objection to the employment of
Raymond R. Mubi as an ironworker on any construction job of the Company in
Los Angeles, California, area, without regard to his membership or nonmembership
in the Union, or in any other labor organization, and without prejudice to his
seniority or other rights and privileges.
(b) Make whole Raymond R. Mubi for any loss of pay he may have suffered as
the result of the discrimination against him, in the manner set forth in the section
of this Intermediate Report and Recommended Order entitled "The Remedy."
(c) Post in conspicuous places at the business office of the Union and at the
construction jobs of the Company, in all places were notices or communications to
its members are customarily posted, copies of the attached notice marked "Appen-
dix." 2 Copies of said notice, to be furnished by the Regional Director for the
Twenty-first Region, shall, after being duly signed by the Union's representative
and Keith H. Dickerson, be posted by the Union immediately upon receipt thereof,
and be maintained for a period of 60 consecutive days thereafter. Reasonable steps
shall be taken by the Respondents to insure that such notices are not altered, defaced,
or covered by any other material.
(d) Furnish to the Regional Director for the Twenty-first Region signed copies
of the above notice, in sufficient number, for posting by Nichols Engineering &
Materials Co., Inc., it being willing, at places where it customarily posts notices to
employees in the Los Angeles area.
2 In the event that this Recommended Order be adopted by the Board, the words "A
Decision and Order" shall be substituted for the words "The Recommended Order of a
Trial Examiner" in the notice. In the further event that the Board's Order be enforced
by a decree of a United States Court of Appeals, the words "A Decree of the United States
Court of Appeals, Enforcing an Order" shall be substituted for the words "A Decision
and Order."
THE LIFE INSURANCE COMPANY OF VIRGINIA 1343
(e) Notify the Regional Director for the Twenty-first Region, in writing, within
20 days from the receipt of this Intermediate Report and Recommended Order, what
steps the Respondents have taken to comply herewith .3
It is further recommended that unless on or before 20 days of the date of receipt
of this Intermediate Report and Recommended Order the Respondents notify the
said Regional Director, in writing, that they will comply with the above Recom-
mended Order, the National Labor Relations Board issue an order requiring them
to take such action.
In the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read: "Notify said Regional Director, in writing, within 10 days from
the date of this Order, what steps the Respondents have taken to comply herewith."
APPENDIX
NOTICE TO ALL MEMBERS OF LOCAL 792, INTERNATIONAL ASSOCIATION OF BRIDGE,
STRUCTURAL, AND ORNAMENTAL IRON WORKERS, AFL-CIO, AND TO ALL EM-
PLOYEES OF NICHOLS ENGINEERING & MATERIALS CO., INC.
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby notify you that:
WE WILL NOT restrain or coerce the employees of Nichols Engineering &
Materials Co., Inc., or of any employer, by threatening them with loss of em-
ployment, job opportunities, or any other form of reprisal, for filing unfair
labor practice charges against us with the National Labor Relations Board.
WE WILL NOT cause or attempt to cause Nichols Engineering & Materials Co.,
Inc., or any other employer over whom the Board would assert jurisdiction, to
discharge Raymond R. Mubi, or any employee, or to refuse employment to any
prospective employee, or otherwise to discriminate against any such employee
in violation of Section 8(a)(3) of the Act.
WE WILL NOT in any like or related manner restrain or coerce any such
employee or prospective employee in the exercise of the rights guaranteed in
Section 7 of the Act, except to the extent that such rights may be affected by
an agreement requiring membership in a labor organization as a condition of
employment, as authorized in Section 8(a)(3) of the Act.
WE WILL notify the above-named Company that we have withdrawn our
objection to the employment of Raymond R. Mubi, and the undersigned Union
will make whole Raymond R. Mubi for any loss of pay suffered as a result of
our discrimination against him.
LOCAL 792, INTERNATIONAL ASSOCIATION OF
BRIDGE, STRUCTURAL, AND ORNAMENTAL
IRON WORKERS, AFL-CIO,
Labor Organization.
Dated------------------- By-------------------------------------------(Representative ) (Title)
Dated------------------- By-------------------------------------------
(KEITH H. DICHERSCN , Business Agent)
This notice must remain posted for 60 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, 849
South Broadway, Los Angeles, California, 90014, Telephone No. Richmond 9-4711,
Extension 1031, if they have any question concerning this notice or compliance with
its provisions.
The Life Insurance Company of Virginia and Insurance Workers
International Union , AFL-CIO. Case No. 5-CA-2394. August
15, 1963
DECISION AND ORDER
On June 10, 1963, Trial Examiner A. Bruce Hunt issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
143 NLRB No. 128.