Longshoremen's Local 62

National Labor Relations Board - Board Decisions

Mar 19, 1979

241 N.L.R.B. 205 (N.L.R.B. 1979)

LOCAL 62, INTERNATIONAL LONGSHOREMEN'S UNION
Local 62, International Longshoremen's and Ware-
housemen's Union and Chevron U.S.A., Inc. and
Puget Sound Tug and Barge Company and Inland
Boatmen's Union of the Pacific, District Union,
Seafarers' International Union of North America,
AFL-CIO,' Party in Interest. Cases 19-CD-283
and 19-CD-287
March 19, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENELLO
AND TRUESDALE
Upon a charge filed on October 11, 1977, in Case
19-CD-283 by Chevron U.S.A., Inc. (herein called
Chevron), and a charge filed on November 10, 1977,
in Case 19-CD-287 by Puget Sound Tug and Barge
Company (herein called Puget Sound), and duly
served on Local 62, International Longshoremen's
and Warehousemen's Union (herein called the Re-
spondent or Local 62), the General Counsel of the
National Labor Relations Board, by the Regional Di-
rector for Region 19, issued an order consolidating
cases, consolidated complaint, and notice of hearing
on September 19, 1978, against Respondent, alleging
that Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the
meaning of Section 8(b)(4)(i) and (ii)(D) and Section
2(6) and (7) of the National Labor Relations Act, as
amended. Copies of the charges, order consolidating
cases, consolidated complaint, and notice of hearing
before an Administrative Law Judge were duly
served on the parties to this proceeding.
With respect to the unfair labor practices, the con-
solidated complaint with proposed amendments al-
leges in substance that Respondent has violated Sec-
tion 8(b)(4XD) of the Act by picketing the Chevron
dock at Ketchikan, Alaska, from about October 6,
1977, until about October 13, 1977, with an object of
forcing or requiring Chevron or Puget Sound or
Southeast Stevedoring Company (herein called
Southeast) or United Transportation Company
(herein called United), or any of them, to assign to
employees represented by Respondent the work of
"shoreside tieing and untieing of tug-drawn barges
operated by Puget Sound at the Chevron dock in
Ketchikan, Alaska," notwithstanding that neither
Chevron, nor Puget Sound, nor Southeast, nor
United, nor any of them, was at the time failing to
conform to an order of certification of the Board de-
termining the bargaining representative for the em-
I General Counsel's motion to correct name of Party in Interest is hereby
granted.
ployees performing the work. The consolidated com-
plaint further alleges that Respondent failed and
refused to abide by the Board's Decision and Deter-
mination of Dispute2 in the underlying 10(k) proceed-
ing which awarded the disputed work to employees
represented by Inland Boatmen's Union of the Pa-
cific, District Union, Seafarers' International Union
of North America, AFL-CIO (herein called IBU),
and has continued to demand that Chevron, or Puget
Sound, or Southeast, or United, or any of them, as-
sign the disputed work to employees who are repre-
sented by Respondent. Thereafter, Respondent filed
an answer admitting in part and denying in part the
allegations of the consolidated complaint, submitting
a defense, and requesting that the consolidated com-
plaint be dismissed.
On November 3, 1978, counsel for the General
Counsel filed with the Board a "Motion to Transfer
and Continue Cases Before the Board, for Summary
Judgment, to Correct Name of Party in Interest, and
to Amend Consolidated Complaint," with appendices
attached. In his motion, the General Counsel requests
that the Board take notice of all relevant facts and
documents in the underlying 10(k) record in the pro-
ceedings, and moves that the Board correct its refer-
ences to the Party in Interest in the proceedings, to
amend the consolidated complaint in certain respects,
and to strike certain denials in Respondent's answer.
General Counsel submits, in effect, that Respondent
in its answer seeks to relitigate the 10(k) issues which
were determined by the Board, that the Respondent
has failed and refused to comply with the Board's
Decision and Determination of Dispute, and that fail-
ure to comply with said Decision under the circum-
stances constitutes a continuing violation of Section
8(bX4)(D) of the Act. General Counsel further re-
quests that the motion be granted and that the Board
issue a Decision and Order striking as frivolous the
denials in Respondent's answer, containing findings
of fact consistent with the allegations of the consoli-
dated complaint, and containing conclusions of law
that Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8(bX4XD) of the
Act and provisions for appropriate remedial relief.
On November 6, 1978, Respondent filed a reply to
the General Counsel's motion wherein Respondent
admits that the correct name of the Party in Interest
is as it appears in the motion; does not specifically
oppose the motion to amend the consolidated com-
plaint; denies that it failed to specifically deny certain
allegations of the consolidated complaint; disputes
General Counsel's characterization of certain of its
denials of allegations of the consolidated complaint as
2 Local 62. International Longshoremen's and Warehousemen's Union
(Chevron U.S.A.. Inc.), 237 NLRB 835 (1978).
241 NLRB No. 26
205
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"frivolous"; moves that certain paragraphs of Gen-
eral Counsel's motion be stricken; alleges that the De-
cision and Determination of Dispute issued by the
Board is contrary to the facts and the law; and affir-
matively seeks review by the Board of the 10(k) deter-
mination.
On November 28, 1978, the Board issued an order
transferring proceedings to the Board and a Notice
To Show Cause why the General Counsel's motion
should not be granted. On December 4, 1978, Re-
spondent filed a response to Notice To Show Cause,
stating that its opposition to General Counsel's mo-
tion is set forth in its November 6, 1978, reply.
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.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Review of all the records, including those of the
underlying 10(k) proceeding, indicates that a hearing
was held November 21 and 22, 1977, pursuant to Sec-
tion 10(k) of the Act. On August 24, 1978, the Board
issued a Decision and Determination of Dispute find-
ing, inter alia, that there was a jurisdictional dispute
between Respondent and IBU, and that there was
reasonable cause to believe that Respondent had
sought to resolve the dispute by means proscribed by
Section 8(b)(4)(D) of the Act. In pertinent part, the
Board awarded the disputed work of performing the
shoreside tieing and untieing of tug-drawn barges op-
erated by Puget Sound at the Chevron dock in
Ketchikan, Alaska, to employees represented by IBU,
and found that Respondent was not entitled to secure
such work through means proscribed by Section
8(b)(4)(D) of the Act. The Board further ordered Re-
spondent to notify the Regional Director, in writing,
within 10 days, whether or not it would comply with
the award. Not having been so notified, the Regional
Director issued the instant consolidated complaint.
In its answer and in its reply to General Counsel's
motion, Respondent contends, in substance, that the
Decision and Determination of Dispute is contrary to
the facts and the law and that the law is correctly
stated in the dissenting opinion of Chairman Fanning
in that Decision. Respondent further stated that it
seeks review by the Board of the 10(k) determination
in the light of the entire record.
The facts of this case were not in dispute in the
10(k) proceeding and close examination of Respon-
dent's answer reveals that there is no real issue of fact
at this stage of the proceeding, either. In the Decision
and Determination of Dispute the Board found rea-
sonable cause to believe that a jurisdictional dispute
existed and that Section 8(b)(4)(D) of the Act had
been violated. Upon review of the entire record in this
proceeding, and for the reasons set forth in the Deci-
sion and Determination of Dispute, we do not accept
Respondent's position that the facts herein do not
present a jurisdictional dispute on the ground that the
picketing had been undertaken to preserve work
which had previously been performed by employees it
represented. We find, on the basis of the undisputed
facts herein, that Respondent's contentions in opposi-
tion to this motion are without merit. We further find
that Respondent has engaged in conduct proscribed
by Section 8(b)(4)(i) and (ii)(D) of the Act, and has
continued to engage in such conduct by not comply-
ing with the Board's 10(k) award. Accordingly, we
grant the General Counsel's Motion for Summary
Judgment.3
Upon the entire record in this proceeding, the
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYERS
Chevron U.S.A., Inc.. is now, and has been at all
times material hereto, a California corporation with
offices and places of business in California and
Alaska, and it is engaged in the exploration for and
production and marketing of petroleum products
within several States of the United States. During a
recent representative 12-month period, Chevron, in
the course and conduct of its business operations, re-
ceived or caused to be sent across state lines goods
and services valued in excess of $50,000.
Puget Sound Tug and Barge Company is now, and
has been at all times material hereto, a Washington
corporation with offices and places of business in
Washington and Alaska, where it is engaged in the
business of transporting goods by tug and barge be-
tween the State of Washington and other States, in-
cluding Alaska. During a recent representative 12-
month period, Puget Sound, in the course and con-
duct of its business operations, received in excess of
$50,000 in revenues from providing its aforemen-
tioned interstate transportation services.
We find, on the basis of the foregoing, that Chev-
ron and Puget Sound are, and have been at all times
material hereto, employers engaged in commerce
within the meaning of Section 2(6) and (7) of the Act,
and that it will effectuate the policies of the Act to
assert jurisdiction herein.
General Counsel's motion to amend the consolidated complaint is hereby
granted. General Counsel's motion to strike certain of Respondent's denials
in its answer as frivolous is hereby denied. Respondent's motion that certain
paragraphs of General Counsel's motion be stricken is hereby denied.
206
LOCAL 62, INTERNATIONAL LONGSHOREMEN'S UNION
II. LABOR ORGANIZATIONS INVOLVED
Local 62, International Longshoremen's and Ware-
housemen's Union, and Inland and Boatmen's Union
of the Pacific, District Union, Seafarers' International
Union of North America, AFL-CIO, are labor or-
ganizations within the meaning of Section 2(5) of the
Act.
III. THE UNFAIR LABOR PRACTICES
A. Background and Facts of the Dispute
Chevron operates a bulk petroleum plant in
Ketchikan, Alaska, where various types of petroleum
products are received, stored, and distributed. The
Chevron plant in Ketchikan has a large dock, an of-
fice, and petroleum storage tanks. Puget Sound is a
wholly owned subsidiary of Crowley Maritime Cor-
poration and is engaged in transporting goods by tug
and barge. United Transportation Company, another
Crowley subsidiary, owns and operates barges which
carry bulk products.
Prior to September 1977, Chevron used its own
self-propelled tankers to deliver bulk petroleum prod-
ucts to the Chevron plant in Ketchikan from refiner-
ies in California and Nikiski, Alaska. During this pe-
riod, when the self-propelled tankers called at the
Chevron dock, Southeast was notified and sent long-
shoremen represented by Local 62 to tie up the ship
by handling the shoreside lines. The Local 62 long-
shoremen performed similar duties in untieing the
tankers.
There was a shift in Chevron operations in Septem-
ber 1977. Chevron and Puget Sound entered into an
agreement which provided that Chevron's petroleum
products would be hauled by tug and barge, rather
than by tanker. The barge used in accord with the
agreement belonged to United, and the tug belonged
to Puget Sound. On September 22, 1977, the tug and
barge arrived in Ketchikan at the Chevron dock. At
that time, Southeast received a request for longshore-
men for shoreside linehandling duties. Employees
represented by Local 62 were sent and assisted in
tieing up the barge.
The next trip of the tug and barge was made on
October 6, 1977. Prior to that time, Chevron and Pu-
get Sound informed Local 62 and Southeast that the
services of the longshoremen would no longer be
needed for the shoreside linehandling. Instead, the
tieing and untieing of the barge would be done by
members of tug crew, who were represented by IBU.
On October 6, 1977, Local 62 engaged in picketing at
the Chevron dock for the purpose of forcing Chevron,
or Puget Sound, or United, or Southeast, or any of
them, to assign to employees represented by Local 62
the handling of the shoreside lines involved in the
mooring and unmooring of the barge, which work
had been assigned to and was being performed by
employee crew members of the tug and barge. The
picketing continued until approximately October 13,
1977.
B. The Determination of Dispute
On August 24, 1978, the Board issued its 10(k)
award, assigning the work of performing the shore-
side tieing and untieing of tug-drawn barges operated
by Puget Sound at the Chevron dock located at
Ketchikan, Alaska, to employees represented by IBU.
The Board also found, inter alia, that Local 62 was
not entitled to force or require Chevron or Puget
Sound to assign such work to employees represented
by Local 62 by means proscribed by Section
8(b)(4)(D) of the Act.
C. Respondent's Refusal To Comply
Since on or about August 24, 1978, Respondent has
failed and refused to comply with the above-men-
tioned Decision and Determination of Dispute, has
failed and refused to notify the Regional Director for
Region 19 that Respondent will comply with the
Board's Decision and Determination of Dispute, al-
though Respondent has been afforded a fair opportu-
nity to do so, and has continued to demand the dis-
puted work.
On the basis of the foregoing and the entire record
in this proceeding, we find that Respondent, by refus-
ing to comply with the Decision and Determination
of Dispute and by continuing to demand the disputed
work, violated Section 8(b)(4)(i) and (ii)(D) of the
Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent set forth in section
III, above, occurring in connection with the opera-
tions described in section 1, above, have a close, inti-
mate, 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.
V. THE REMEDY
Having found that the Respondent has engaged in
and is engaging in unfair labor practices affecting
commerce within the meaning of Section 8(b)(4)(i)
and (ii)(D) of the Act, we shall order that Respondent
cease and desist therefrom and take certain affirma-
207
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive action designed to effectuate the policies of the
Act.
The Board, on the basis of the foregoing facts, and
the entire record, makes the following:
CONCLUSIONS OF LAW
1. Chevron U.S.A., Inc., and Puget Sound Tug and
Barge Company are employers engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
2. Local 62, International Longshoremen's and
Warehousemen's Union, and Inland Boatmen's
Union of the Pacific, District Union, Seafarers' Inter-
national Union of North America, AFL-CIO, are la-
bor organizations within the meaning of Section 2(5)
of the Act.
3. Respondent has violated and is violating Section
8(b)(4)(i) and (ii)(D) of the Act by failing and refusing
to comply with the Board's Decision and Determina-
tion of Dispute and by continuing to demand the dis-
puted work, thereby threatening, coercing, and re-
straining Chevron, Puget Sound, and other persons
engaged in commerce or in an industry affecting com-
merce and inducing and encouraging individuals em-
ployed by them to cease performing the disputed
work with an object of forcing or requiring Chevron,
Puget Sound, Southeast, United, or any of them to
assign the work of shoreside tieing and untieing of
tug-drawn barges operated by Puget Sound at the
Chevron dock in Ketchikan, Alaska, to employees
represented by Respondent by means proscribed by
Section 8(b)(4)(D) of the Act.
4. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Local
62, International Longshoremen's and Warehouse-
men's Union, Ketchikan, Alaska, its officers, agents,
and representatives, shall:
1. Cease and desist from refusing to comply with
the Board's Decision and Determination of Dispute,
and from picketing or in any other manner threaten-
ing, coercing, or restraining Chevron U.S.A., Inc., Pu-
get Sound Tug and Barge Company, or any other
person engaged in commerce or in an industry affect-
ing commerce, and from inducing and encouraging
any individual employed by them to cease performing
the disputed work, where an object thereof is to force
or require Chevron U.S.A., Inc., Puget Sound Tug
and Barge Company, Southeast Stevedoring Com-
pany, United Transportation Company, or any other
employer to assign the work of the shoreside tieing
and untieing of tug-drawn barges operated by Puget
Sound Tug and Barge Company at the Chevron
U.S.A., Inc., dock in Ketchikan, Alaska, to employ-
ees represented by Respondent rather than to em-
ployees represented by Inland Boatmen's Union of
the Pacific, District Union, Seafarers' International
Union of North America, AFL-CIO.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Post at its business offices and meeting hall
copies of the attached notice marked "Appendix." 4
Copies of said notice, on forms provided by the Re-
gional Director for Region 19, after being duly signed
by Respondent's representative, shall be posted by
Respondent immediately upon receipt thereof, and be
maintained by Respondent for 60 consecutive days
thereafter, in conspicuous places, including all places
where notices to members are customarily posted.
Reasonable steps shall be taken by Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
(b) Furnish the Regional Director for Region 19
with signed copies of such notices for posting by
Chevron U.S.A., Inc., and Puget Sound Tug and
Barge Company, if they are willing, in places where
notices to employees are customarily posted.
(c) Notify the Regional Director for Region 19, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
CHAIRMAN FANNING, dissenting:
I dissent from the Board's decision to grant the
General Counsel's Motion for Summary Judgment
for the reasons stated in my dissenting opinion in the
underlying 10(k) proceeding, 237 NLRB 835 (1978).
In my opinion the facts do not present a jurisdictional
dispute.
I 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 MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to comply with the
Board's Decision and Determination of Dispute,
or picket or in any other manner threaten, co-
erce, or restrain Chevron U.S.A., Inc.. Puget
Sound Tug and Barge Company, or any other
person engaged in commerce or in an industry
208
LOCAL 62, INTERNATIONAL LONGSHOREMEN'S UNION
affecting commerce, or induce or encourage any
individual employed by them to cease perform-
ing the disputed work, where an object thereof is
to force or require Chevron U.S.A., Inc., Puget
Sound Tug and Barge Company, Southeast
Stevedoring Company, United Transportation
Company, or any other employer, to assign the
work of the shoreside tieing and untieing of tug-
drawn barges operated by Puget Sound Tug and
Barge Company at the Chevron U.S.A., Inc.,
dock in Ketchikan, Alaska, to employees we rep-
resent, rather than to employees who are repre-
sented by Inland Boatmen's Union of the Pacific,
District Union, Seafarers' International Union of
North America, AFL-CIO.
LOCAL 62, INTERNATIONAL LONGSHORE-
MEN'S AND WAREHOUSEMEN'S UNION
209