Los Angeles Bldg. and Construction Trades Council

National Labor Relations Board - Board Decisions

Dec 6, 1963

145 N.L.R.B. 279 (N.L.R.B. 1963)

LOS ANGELES BLDG. & CONSTRUCTION TRADES COUNCIL 279
Los Angeles Building and Construction Trades Council; and
Carpenters Local Union No. 1752, AFL-CIO and Murray W.
McDaniel , d/b/a Treasure Homes. Case No. 21-CC-587. De-
cember 6, 1963
DECISION AND ORDER
Upon charges duly filed the General Counsel of the National Labor
Relations Board, by the Regional Director for the Twenty-first Re-
gion, issued an amended complaint dated May 24, 1963, against Los
Angeles Building and Construction Trades Council and Carpenters
Local Union No. 1752, AFL-CIO, herein called the Respondents.
The complaint alleged that Respondents had engaged in and were
engaging in unfair labor practices within the meaning of Section
8(b) (4) (i), (ii) (A) and (B) and Section 2(6) and (7) of the Na-
tional Labor Relations Act, as amended. Copies of the charges,
amended complaint, and notice of hearing before a Trial Examiner
were duly served upon the Respondents,and the Charging Party.
With respect to the unfair labor practices, the complaint alleges, in
substance, that Respondents picketed Treasure Homes at its Palomares
construction project from November 20 to December 18, 1962, and at
its Grand Avenue construction project from February 1 to March 3,
1963, with an object of forcing or requiring Treasure Homes to enter
into an agreement encompassed within and prohibited by Section
8 (e) of the Act, and forcing or requiring Treasure Homes to cease
doing business with Lebo Construction Company, Paul Seagraves and
R. C. Joseph, and other persons. Respondents' answers admit certain
jurisdictional and factual allegations of the complaint, but deny the
commission of any unfair labor practices.
On June 11, 1963, all parties to this proceeding entered into a stipu-
lation of facts, and on that date jointly moved to transfer this pro-
ceeding directly to the Board for findings of fact, conclusions of law,
and issuance of a Decision and Order. The motion states that the
parties have waived their rights to a hearing before a Trial Examiner,
and to the issuance of an Intermediate Report. The motion also pro-
vides that the charge and amended charge, complaint and amended
complaint, and stipulation of facts constitute the entire record in the
case.
On June 18, the Board granted the parties' motion to transfer the
case to the Board, and on June 27, 1963, approved an amendment to
the stipulation of facts. Briefs were thereafter filed by both Re-
spondents and the General Counsel.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the Board has delegated its powers in con-
nection with this case to a three-member panel [Chairman McCulloch
and Members Fanning and Brown].
145 NLRB No. 34.
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has considered the parties' stipulation of facts, the briefs
of the Respondents and the General Counsel, and the entire record in
the case, and hereby makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Murray W. McDaniel is an individual proprietor doing business
under the trade name "Treasure Homes." He is engaged in the build-
ing and construction industry in San Bernardino County, California,
and vicinity, as a general contractor. In the course and conduct of its
operations, during the period April 4, 1962, to April 30,1963, Treasure
Homes entered into contracts for the construction of residential houses
and apartments of a total value in excess of $1,000,000. During the
period May 15, 1962, to May 21, 1963, its total receipts from the sale of
residential houses and ,apartments exceeded $607,000. During the 12-
month period ending May 18, 1963, Treasure Homes purchased and
received $23,000 worth of materials which originated outside the State
of California.
Respondents admit, and we find, that Treasure Homes is engaged
in commerce within the meaning of Section 2(6) and (7) of the Act 1
and is further engaged in an "industry affecting commerce" within the
meaning of Section 8(b) (4) of the Act,2 We find that it will effec-
tuate the policies of the Act to assert jurisdiction herein.
II. THE LABOR ORGANIZATIONS INVOLVED
Los Angeles Building and Construction Trades Council and Car-
penters Local Union No. 1752, AFL-CIO, are labor organizations as
defined in Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
As noted above, Treasure Homes is a general contractor engaged in
the building and construction industry in. and around San Bernardino
County, California. At the times material herein, Treasure Homes
was engaged in constructing apartment buildings at West Grand
Avenue and at Palomares Street, both in Pomona, California. Lebo
Construction Company, a cement contractor, Paul Seagraves and
R. C. Joseph, framing contractors, and Baxter & Son, a plumbing
contractor, all entered into subcontracts with Treasure Homes for
certain services to be performed at the Grand Avenue and Palomares
construction projects.
1 United State, Tile and Composition Roofers , Damp and Waterproof Workers A8soc4a-
tion, AFL-CIO, Local Union No. 57 (Atlas Roofing (!o., Inc ), 131 NLRB 1267
2 Sheet Metal Workers International Association , Local Union No 299, AFL-CIO, etc
(S M Kisner and Sons ), 131 NLRB 1196
LOS ANGELES BLDG. & CONSTRUCTION TRADES COUNCIL 281
Treasure Homes is not a party to a collective-bargaining agreement
with either Respondent. On or about June 15, 1962, and again on or
about November 1, 1962,3 Respondents, by their agent, Harris, de-
manded that Treasure Homes enter into a form contract which con-
tained, inter aZia, the following provisions :
IV. The Employer, Developer and/or Owner-Builder agrees
that he shall contract or subcontract work . . . only to a person,
firm, partnership or corporation that is party to an executed,
current agreement with the appropriate union having work and
territorial jurisdiction, affiliated with the Council in which area
the work is performed.
V. The Employer, Developer and/or Owner-Builder agrees that
in the event he contracts or subcontracts any work . . . there
shall be contained in his contract with the subcontractor a provi-
sion that the contractor shall be responsible for the payment of
all wages and fringe benefits provided under the agreement with
the appropriate Union affiliated with the Council. In the event
that any subcontractor fails to pay the wages or fringe benefits
provided under the agreement with the appropriate Union affil-
iated with the Council, the Employer, Developer and/or Owner-
Builder shall become liable for the payment of such sums ... .
The complaint alleges, and Respondents admit, that the agreement
demanded by Respondents would require Treasure Homes to cease or
refrain from doing business with Lebo, Seagraves and Joseph, and
other persons who are not parties to -an agreement with Respondent
Council, or with an appropriate union affiliated with Council or with
the Building and Construction Trades Department, AFL-CIO.
On or about November 18 and 19, 1962, Respondents, by their agent,
Harris, renewed their demand that Treasure Homes enter into the
form contract with Respondent Council, accompanied by a threat of
picketing on Treasure Homes' jobsites if the demand was not complied
with. Because Treasure Homes refused to accede to Respondents'
demands, Respondents commenced picketing at the Grand Avenue
and Pa^lomares construction projects, with signs that read: "Treasure
Homes Unfair to Los Angeles Building and Construction Trades
Council, AFL-CIO. No Agreement." Moreover, as a consequence of
such picketing, individuals employed by Baxter, and by other persons,
refused to perform services for their employers at the aforesaid
projects. Treasure Homes has continued to refuse to accede to Re-
spondents' demands, and has not signed the form contract referred to
above.
The facts in this case, as the Respondents admit in their brief, do
not differ materially from the facts in Construction, Production c6
'Respondents ' demands in June and early November 1962 were not themselves alleged
as unfair labor practices , and are mentioned herein solely as background.
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Maintenance Laborers Union Local 383, AFL-CIO, et al. (Colson and
Stevens Construction Co., Inc.), 137 NLRB 1650, enforcement denied
323 F. 2d 422 (C.A. 9).4 Though aware of the refusal of the Court
of Appeals for the Ninth Circuit to enforce the Board's decision in
Colson and Stevens, the Board respectfully disagrees with the court's
opinion in that case, and has decided to adhere to its original decision.
Accordingly, for the reasons set forth in our Colson and Stevens deci-
sion, supra, we find that the Respondents, by their acts and conduct
set forth above, have violated Section 8(b) (4) (i), (ii) (A) and (B)
of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
The activities of the Respondents set forth in section III, above,
occurring in connection with operations of the Employer 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 commerce and the free
flow of commerce.
V. THE REMEDY
Having found that Respondents have engaged in unfair labor prac-
tices in violation of Section 8(b) (4) (i), (ii) (A) and (B), we shall
order that they cease and desist therefrom and that they take certain
'affirmative action designed to effectuate the policies of the Act.
CONCLUSIONS OF LAW
1. Respondents are labor organizations within the meaning of the
Act.
2. The Employer, Murray W. McDaniel, d/b/a Treasure Homes,
is engaged in commerce within the meaning of Section 2(6) and (7)
of the Act and is further engaged in an industry affecting commerce
within the meaning of Section 8 (b) (4) of the Act.
3. By threatening to picket and by picketing the construction proj-
ects of Treasure Homes with an object of forcing or requiring Treasure
Homes to sign an agreement which is prohibited by Section 8(e),
Respondents having committed unfair labor practices within the
meaning of Section 8 (b) (4) (i) and (ii) (A) of the Act.
4. By picketing the construction projects of Treasure Homes with
an object of forcing or requiring Treasure Homes to cease doing busi-
ness with Lebo Construction Co., Seagraves and Joseph, and/or other
* See also Los Angeles Building & Construction Trades Council , et al (Cecil Mays,
et al.), 140 NLRB 1249; Hoisting and Portable Engineers Local Union 101, affiliated with
The International Union of Operating Engineers, AFL-CIO (Sherwood Construction Com-
pany, Inc. ), 140 NLRB 1175.
LOS ANGELES BLDG. & CONSTRUCTION TRADES COUNCIL 283
persons, the Respondents have committed unfair labor practices within
the meaning of Section 8(b) (4) (i) and (ii) (B) of the Act.
5. The aforesaid unfair labor practices affect commerce within the
meaning of Section 2 (6) and (7) of the Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusions of
law, and pursuant to Section 10(c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that the Re-
spondents, Los Angeles Building and Construction Trades Council,
and Carpenters Local Union No. 1752, AFL-CIO, their officers,
agents, representatives, successors, and assigns, shall :
1. Cease and desist from :
(a) Engaging in, or inducing or encouraging employees of Treasure
Homes, Baxter & Son, or any other employer, to engage in, a strike,
or threatening, coercing, or restraining Treasure Homes, or any other
employer, by a strike or picketing, where in either case an object there-
of is to force or require Treasure Homes to enter into any agreement
which is prohibited by Section 8 (e).
(b) Engaging in, or inducing or encouraging employees of Treasure
Homes, Baxter & Son, or any other employer, to engage in, a strike, or
threatening, coercing, or restraining Treasure Homes, or any other
employer, by a strike or picketing, where in either case an object there-
of is to force or require Treasure Homes to cease doing business with
Lebo Construction Co., Paul Seagraves and R. C. Joseph, and/or
other persons.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act.
(a) Post at the Respondent Unions' business offices and meeting
halls, copies of the attached notice marked "Appendix." 5 Copies of
said notice, to be furnished by the Regional Director for the Twenty-
first Region, shall, after being duly signed by authorized representa-
tives of the Respondent Unions, be posted by the Respondent Unions
immediately upon receipt thereof, and be maintained for a period of
60 consecutive days thereafter, in conspicuous places, including all
places where notices to members are customarily posted. Reasonable
steps shall be taken to insure that the notices are not altered, defaced,
or covered by any other material.
(b) Sign and mail sufficient copies of said notice to the Regional
Director for the Twenty-first Region for posting by Treasure Homes,
6In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "A Decision and Order " the words "A
Decree of the United States Court of Appeals , Enforcing an Order."
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lebo Construction Co., Seagraves and Joseph, and Baxter & Son, said
Companies willing, at all locations where notices to their employees
are customarily posted.
(c) Notify the Regional Director for the Twenty-first Region, in
writing, within 10 days from the date of this Decision and Order,
what steps the Respondents have taken to comply herewith.
APPENDIX
NOTICE TO ALL OUR MEMBERS AND 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 give notice that :
WE WILL NOT engage in, or induce or encourage employees of
Treasure Homes, Baxter & Son, or any other employer, to engage
in, a strike, or threaten, coerce, or restrain Treasure Homes, or
'any other employer, by a strike or picketing, where in either case
an object thereof is to force or require Treasure Homes to enter
into any agreement which is prohibited by Section 8(e).
WE WILL NOT engage in, or induce or encourage employees of
Treasure Homes, Baxter & Son, or any other employer, to engage
in, a strike, or threaten, coerce, or restrain Treasure Homes, or
any other employer, by a strike or picketing where in either case
an object thereof is to force or require Treasure Homes to cease
doing business with Lebo Construction Co., Paul Seagraves and
R. C. Joseph, and/or other persons.
Los ANGELES BUILDING AND CONSTRUCTION
TRADES COUNCIL,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
CARPENTERS LOCAL UNION No. 1752, AFL-CIO,
Dated---------------- By-------------------------------------
(Representative ) ( Title)
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, 849 South Broadway, Los Angeles, California, Telephone No.
Richmond 9-4711, if they have any question concerning this notice or
compliance with its provisions.