Local Union 399, Carpenters

National Labor Relations Board - Board Decisions

May 10, 1979

242 N.L.R.B. 108 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local Union 399, United Brotherhood of Carpenters
and Joiners of America, AFL-CIO and K & K Con-
struction Co., Inc. Case 22 CC 675
May 10, 1979
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENELLO
AND MURPHY
On November 22, 1977, the National Labor Rela-
tions Board issued its Decision and Order in the
above-entitled proceeding,' finding, contrary to the
Administrative Law Judge, that Respondent Local
Union 399, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, did not violate Sec-
tion 8(b)(4)(ii)(B) of the Act by publicizing a primary
area standards dispute to the consuming public by
means of peaceful pickets and handbills. Accordingly,
the Board dismissed the complaint.
Thereafter, K & K Construction Co., Inc., filed a
petition for review of the Board's Order before the
United States Court of Appeals for the Third Circuit.
On January 12, 1979, the court issued its opinion,2 in
which it set aside the Board's Order on the ground
that the Board erred in characterizing the picketing as
primary in nature and failing to apply the settled
merged-product rule.3 The court remanded the case
to the Board for appropriate action consistent with
the court's opinion.
Thereafter, the Board accepted the court's remand
and notified the parties of this action by letter dated
April 6, 1979.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
In view of the foregoing, including the court's opin-
ion and the entire record in the case, the Board ac-
cepts the court's findings and conclusions as the law
of the case and hereby issues the Order as set forth
below.4
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that Respondent, Local
i 233 NLRB 718 (Member Penello dissenting).
2 K d K Construction Co., Inc. v. N.L.R.B., 592 F.2d 1228 (3d Cir. 1979).
1592 F.2d at 1229.
4Member Penello agrees with the court's decision as well as the present
disposition of the case for the reasons stated in his dissenting opinion in the
Board's original Decision.
Union 399, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, Blairstown, New Jer-
sey, its officers, agents, and representatives, shall:
1. Cease and desist from threatening, coercing, or
restraining Panther Valley Ltd. by engaging in picket-
ing to persuade customers not to patronize or pur-
chase homes sold by Panther Valley Ltd., or threaten-
ing to engage in such picketing, where an object
thereof is to force or require Panther Valley Ltd., or
any other persons, to cease doing business with
K & K Construction Co., Inc., under circumstances
prohibited by Section 8(b)(4)(ii)(B) of the Act.
2. Take the following affirmative action designed
to effectuate the policies of the Act:
(a) Post at its business offices and meeting halls
copies of the attached notice marked "Appendix."5
Copies of said notice, on forms provided by the Re-
gional Director for Region 22, after being duly signed
by Respondent's representative, shall be posted by it
immediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to mem-
bers are customarily posted. Reasonable steps shall
be taken by Respondent to insure that said notices
are not altered, defaced, or covered by any other ma-
terial.
(b) Furnish to the Regional Director for Region 22
signed copies of the attached notice marked "Appen-
dix," for posting by Panther Valley Ltd. and K & K
Construction Co., Inc., if they are willing, at places
where they customarily post notices to their employ-
ees.
(c) Notify the Regional Director for Region 22, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply here-
with.
In the event that this Order is enforced by a Judgment of a United States
Court of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT threaten, coerce, or restrain
Panther Valley Ltd. by engaging in picketing to
persuade customers not to patronize or purchase
homes sold by Panther Valley Ltd., or threaten-
242 NLRB No. 22
108
LOCAL UNION 399. CARPENTERS
ing to engage in such picketing, where an object
thereof is to force or require Panther Valley Ltd.,
or any other persons, to cease doing business
with K & K Construction Co., Inc.. under cir-
cumstances prohibited by Section 8(b)(4)(ii)(B)
of the National Labor Relations Act. as
amended.
LOCAL. UNION 399, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA,
AFL-CIO
109