McGraw Construction Co. Inc.

National Labor Relations Board - Board Decisions

Feb 3, 1954

107 N.L.R.B. 1043 (N.L.R.B. 1954)

McGRAW CONSTRUCTION CO. INC. 1043
McGRAW CONSTRUCTION CO. INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS, AFL
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS
OF AMERICA, AFL, LOCAL NO. 472, AND LEONARD
CAMPBELL, BUSINESS AGENT FOR UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA,
AFL, LOCAL NO. 472 and INTERNATIONAL ASSOCIATION
OF MACHINISTS, AFL. Cases Nos. 9-CA- 538and9-CB-138.
February 3, 1954
DECISION AND ORDER
On- June 19, 1953, Trial Examiner Ralph Winkler issued his
Intermediate Report in the above-entitled proceedings, finding
that the Respondents had engaged in and were engaging in cer-
tain unfair labor practices and recommending that they cease
and desist therefrom and take certain affirmative action, as
set forth in the copy of the Intermediate Report attached hereto.
Thereafter, all Respondents filed exceptions to the Intermediate
Report and the Respondent Company filed a supporting brief.
The Respondent Company also requested oral argument. This
request is denied, as the record, the exceptions, and the brief
in our opinion adequately present the issues and the positions
of the parties.
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 Intermediate Report, the exceptions and brief,
and the entire record in the case, and hereby adopts the
findings,' conclusions, and recommendations of the Trial
Examiner, except as modified herein.
The Trial Examiner recommended that the Respondent Com-
pany cease and desist from interrogating employees and pro-
spective employees concerning union affiliation. This recom-
mendation is based upon his finding that a question concerning
union affiliation on the Company's employment application form
was independently violative of Section 8 (a) (1). Members
Murdock and Peterson are in full agreement with the Trial
Examiner on this finding and form of order. Chairman Farmer
and Member Rodgers, however, find that the union inquiry on
1The Trial Examiner inadvertently omitted to find that the Union is a labor organization
within the meaning of the Act We so find. The Trial Examiner also inadvertently referred
to Evans as the Local 422 steward. The correct number is Local 472. These inadvertences
do not affect our agreement with the Trial Examiner
The Trial Examiner further found that in view of the discriminatory hiring arrangement
maintained by the Respondents, they were each responsible for the statements of Campbell,
the gate guards, Evans, and Barnhardt in advising prospective employees that employment
could be had only through the Union, and that those statements were violative of Section
8 (a) (1) and 8 (b) (1) (A). We do not agree with this finding, and hold only that the statements
are some evidence of the discriminatory arrangement which we, in agreement with the Trial
Examiner , find that the Respondents maintained.
107 NLRB No. 210
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the application form in this case was unlawful only because it
was in fact used as a means of effectuating the discriminatory
hiring plan. They do not believe that for an employer to obtain
information of this type as part of its routine compilation of
hiring statistics is automatically a violation of the Act. They
therefore agree to enjoin the use of such questions only to the
extent found unlawful here. Inasmuch as there is not a majority
to approve the broader form of order recommended by the
Trial Examiner, the recommended order has been modified.
We do not adopt the Trial Examiner's gratuitous statement
that both employers and unions in the construction industry view
our orders as a mere business expense and inconvenience.
ORDER
Upon the entire record inthese cases, and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that:
I. The Respondent Company, McGraw Construction Co. Inc.,
and its officers, agents, successors, and assigns, shall:
(a) Cease and desist from:
(1) Entering into, performing, maintaining, or otherwise
giving effect to, in connection with any of its projects or opera-
tions, any employment arrangement or agreement with Local
472 or with any other local or subdivision of United Brotherhood
of Carpenters and Joiners of America, AFL, or with United
Brotherhood of Carpenters and Joiners of America, AFL, which
arrangement or agreement requires membership in or referral
or clearance by any labor organization except as provided in an
agreement valid under the Act, and in furtherance thereof, inter-
rogating its employees or prospective employees concerning
their union affiliation.
(2) In any like or related manner encouraging membership in
Local 472 or in any other local or subdivision of the United
Brotherhood of Carpenters and Joiners of America, AFL, or in
the United Brotherhood of Carpenters and Joiners of America,
AFL, or in any other labor organization, or discouraging mem-
bership in International Association of Machinists, AFL, or in
any other labor organization, or otherwise interfering with,
restraining, or coercing employees in the exercise of rights
guaranteed in Section 7 of the Act, except as such rights may be
affected by an agreement authorized under the Act.
(b) Take the following affirmative action which the Board
finds will effectuate the policies of the Act:
(1) Upon request, make available to the National Labor Rela-
tions Board or its agents, for examination and copying, all pay-
roll records, social-security payment records, timecards, per-
sonnel records and reports, and all other records necessary to
analyze the amount of back pay due in accordance with this
Order.
II. The Respondents United Brotherhood of Carpenters and
Joiners of America, AFL, Local No. 472, Ashland, Kentucky,
McGRAW CONSTRUCTION CO. INC 1045
and its agent Leonard Campbell, and all other officers, repre-
sentatives, and agents, shall:
(a) Cease and desist from:
(1) Entering into, performing, maintaining, or otherwise
giving effect to any employment agreement or arrangement
with McGraw Construction Co. Inc., or with any other employer
within the meaning of the Act, which agreement or arrangement
requires membership in or referral or clearance by Local 472
except as provided in an agreement valid under the Act.
(2) In any like or related manner causing or attempting to
cause McGraw Construction Co. Inc., or any other employer,
to discriminate against employees within the meaning of the
Act.
(3) Otherwise restraining or coercing employees in the exer-
cise of the rights guaranteed in Section 7 of the Act, except as
such rights may be affected by an agreement authorized under
the Act.
III. The Respondents McGraw Construction Co. Inc., and
United Brotherhood of Carpenters and Joiners of America, AFL,
Local 472, shall jointly and severally make whole Benjamin
F. Nolte, Jr., for any loss of pay suffered by reason of the dis-
crimination against him in the manner set forth in the "Rem-
edy" section of the Intermediate Report.
IV. The Respondents McGraw Construction Co. Inc., and
United Brotherhood of Carpenters and Joiners of America, AFL,
Local 472, shall post immediately, inconspicuous places, in all
locations where notices to employees and members are
customarily posted, respective copies of the notices attached
hereto, marked "Appendix A"z for McGraw and "Appendix
B" a for Local 472 and Campbell. Copies of the notices, to be
furnished by the Regional Director for the Ninth Region, shall,
after being signed by duly authorized officers or agents, be
immediately posted and maintained by the Respondents for a
period of sixty (60) consecutive days. Reasonable steps shall be
taken by the Respondents to insure that these notices are not
altered, defaced, or covered by any other material.
V. The Respondent Company, its officers, agents , succes-
sors , and assigns , and United Brotherhood of Carpenters and
Joiners of America, AFL, Local 472, its officers, representa-
tives, and agents shall file with the Regional Director for the
Ninth Region, as the agent of the Board, within ten (10) days of
the date of this Order, reports in writing setting forth the
manner and form in which they have complied with this Order.
IT IS FURTHER ORDERED that the complaint, insofar as it
alleges that the Respondents violated the Act in respects other
than herein found, be, and it hereby is, dismissed.
2In the event that this Order is enforced by a decree of a United States Court of Appeals,
there shall be substituted for the words "Pursuant to a Decision and Order" the words
"Pursuant to a Decree of the United States Court of Appeals, Enforcing an order."
'See footnote 3, supra.
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a decision and order of the National Labor Rela-
tions Board , and in order to effectuate the policies of the
National Labor Relations Act, as amended, we hereby notify
our employees that:
WE WILL NOT require employees or applicants for
employment to be members of, or to obtain clearance or
job referrals from, United Brotherhood of Carpenters and
Joiners of America, AFL, Local 472, or from any other
labor organization , as a condition of employment , except
in conformity with Section 8 (a) (3) of the Act, or in con-
nection therewith interrogate our employees or prospec-
tive employees concerning their union affiliations.
WE WILL NOT enter into , perform , maintain, or other-
wise give effect to any hiring agreement or arrangement
with Local 472, or with any other labor organization , except
as authorized by Section 8 (a) (3) of the Act.
WE WILL NOT discourage membership in International
Association of Machinists, AFL, or in any other labor
organization.
WE WILL NOT in any like or related manner interfere
with, restrain , or coerce our employees in the exercise of
rights guaranteed by Section 7 of the Act.
WE WILL make whole Benjamin F. Nolte, Jr., for the
discrimination against him.
All our employees are free to become, remain , or to refrain
from becoming or remaining , members of the above-named
unions, or any other labor organization , except to the extent
that this right may be affected by an agreement in conformity
with Section 8 (a) (3) of the Act. We will not discriminate in
regard to hire or tenure of employment or any term or condi-
tion of employment against any employee or applicant for
employment because of membership in or nonmembership in
any such labor organization.
McGRAW CONSTRUCTION CO. INC.,
Employer.
Dated ................ By ....................................................
(Representative ) (Title)
This notice must remain posted for 60 days from the date
hereof, and must not be altered, defaced, or covered by any
other material.
McGRAW CONSTRUCTION CO. INC.
APPENDIX B
1047
NOTICE TO ALL MEMBERS OF UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA, AFL,
LOCAL NO. 472
Pursuant to a Decision and Order of the National Labor Rela-
tions Board , and in order to effectuate the policies of the
National Labor Relations Act, as amended , we hereby notify you
that:
WE WILL NOT cause or attempt to cause McGraw Con-
struction Co. Inc., or any other employer, to require
employees or applicants for employment to obtain clear-
ance or job referrals from us as a condition of- employment,
except as permitted by Section 8 (a) (3) of the Act.
WE WILL NOT enter into , perform, maintain , or other-
wise give effect to any hiring agreement or arrangement
with McGraw Construction Co. Inc., or with any other
employer, except as authorized under Section 8 (a) (3) of
the Act.
WE WILL NOT cause or attempt to cause McGraw Con-
struction Co. Inc., or any other employer, to discriminate
in any manner against employees or applicants for employ-
ment in violation of Section 8 (a) (3).
WE WILL NOT in any like or related manner restrain or
coerce employees or prospective employees of McGraw
Construction Co. Inc., or of any other employer in the
exercise of rights under Section 7 of the Act.
WE WILL make whole Benjamin F. Nolte, Jr., for the dis -
crimination caused against him.
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL, LOCAL NO. 472
Dated ..... ........... By....................................................
(Title of Officer)
Dated . ............... LEONARD CAMPBELL
(Business Agent)
This notice must remain posted for 60 days from the date
hereof, and must not be altered, defaced , or covered by any
other material.
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Intermediate Report and Recommended Order
STATEMENT OF THE CASE
Upon charges filed by a labor organization, herein called the Machinists (International Asso-
ciation of Machinists, AFL), the General Counsel for the National Labor Relations Board issued
a consolidated complaint on March 30,1953, against Respondent McGraw Construction Co. Inc.,
and Respondents Local No. 472 (a labor organization) and its agent Leonard Campbell, alleging
violations of Section 8 (a) (1) and (3) of the Act as to Respondent McGraw and of Section 8 (b)
(1) (A) and 8 (b) (2) as to Respondents Local 472 and Campbell. Copies of the complaint and
charges were served upon the Respondents, who in turn filed answers denying the commission
of the unfair labor practices alleged.
Pursuant to notice, a hearing was held in Ashland, Kentucky, in April and May 1953 before
the undersigned Trial Examiner. All parties were represented by counsel or other repre-
sentatives, and were afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues.
The parties were given opportunity to present oral argument before the Trial Examiner
and to file briefs and proposed findings of fact and conclusions of law. Motions of the Respond-
ents to dismiss the complaint are disposed of in accordance with the following findings of
fact and conclusions of law.
Upon the record in the case, and upon observation of the demeanor of witnesses, I make the
following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
McGraw is an Ohio corporation engaged in the building and construction business in various
States. For the project where the instant case arose, McGraw obtained more than $2,000,000
worth of materials and equipment from out-of-State sources.
I find that McGraw is engaged in commerce within the meaning of the Act.
II. THE UNFAIR LABOR PRACTICES
Discriminatory Hiring Arrangement
The issues in this case are whether McGraw and Local 472 were parties to, or otherwise
maintained, an arrangement or understanding, written or oral, under which membership in or
clearance by Local 472 was a condition of employment, and whether Benjamin F. Nolte, Jr.,
was discriminatorily refused employment as a consequence of such arrangement or under-
standing. The case is another skirmish in the "long-standing jurisdictional dispute" between
two international affiliates of the American Federation of Labor, namely, the Machinists and
the Carpenters (United Brotherhood of Carpenters and Joiners of America, which is Local
472's parent organization). N.L.R.B. v, Swinerton, et al; 202 F. 2d 511, 513 (C. A. 9). More
particularly, the casus belli here involves the installation of machinery at the Armco project
in Ashland, Kentucky. Employees engaged in this type of work are called erection or construc-
tion machinists by the Machinists Union, and millwrights by the Carpenters Union.
The Respondents adduced testimony to the effect that there were no contracts or arrange-
ments or agreements between them, either written or oral, in regard to the hiring of employees
for the installation work in question, and also that no discriminatory practices existed in such
respects. Some of their witnesses attempted to deny facts in this connection which elsewhere
in their testimony they had admitted. The record shows, in my opinion, that an unlawful
arrangement or practice did exist.
Before the Armco project got underway, McGraw Superintendent William L. Zeller met
with Respondent Leonard campbell, Local 472's business agent. According io Campbell, they
discussed "whether or not the Union [Local 472] could supply manpower for the project" and
whether Campbell "could send him (Zeller] foremanship or mechanics as he [Zeller] needed
them." Campbell and Zeller also discussed Local 472's "Trade rules" at the time, a copy
which Campbell then gave Zeller; and, according to Campbell, Zeller "agree [d]to adhere to
those trades rules." Zeller admittedly agreed withLocal472 that he would perform the terms
of an "International Agreement" which Mcgraw and the Carpenters (Local 472's parent
McGRAW CONSTRUCTION CO. INC. 1049
international) had executed on August22,1949, and which agreement was operative at all times
material here.
The "International Agreement"--it is so styled--provides in part that McGraw agrees "to
recognize the jurisdiction claims of the United Brotherhood of Carpenters and Joiners of
America, to work the hours, pay the wages and abide by the rules and'regulations established
or agreed upon by the United Brotherhood ofCarpenters and Joiners of America of the locality
in which any work of our Company is being done, and employ members of the United Brother-
hood of Carpenters and Joiners."
The trade rules of Local 472, with which McGraw agreed to comply, were effective during
all material periods here and they provide, among other things, that Local 472 has jurisdiction
over all carpentry and millwrightmg in the Ashland area and "Members shall be any one
working under the jurisdiction of this Local Union at any branch of the trade"; that "no member
shall be allowed to work after the first meeting night in the quarter who is not in possession
of the current quarterly working card. All members working on permits shall be governed by
this rule"; "General Foremen shall be selected by and be representative of the Employer
except where it interferes with his obligation, and no member takes orders from any other
than a foreman. All foremen to be agreed upon by the Employer and a representative of this
Union. All foremen must be members of the [Carpenters Union]"; "The Steward [on the project]
shall be charged with the enforcement of all Trade Rules . . . [and] shall examine the cards
or due books of all members employed on the job, and no member shall be allowed to work on
any job unless he be in possession of his current Quarterly Working Card after the first
meeting night in the month, or a paid -up Perrmt from this Local"; "Where men are sent to the
job by any employment or referral agency, or hired at the job site by office personnel, the
Steward shall check their referral slips and see that they have their proper [Union] cards or
permits before they are hired"; "Millwrights shall not be allowed to use anyone as a helper
on any job unless they are millwrights or millwright apprentices." the Carpenters' constitu-
tion, under which Local 472 operates, further provides that all members must comply with
applicable trade rules and that members who become foremen (and, under the aforementioned
trade rules, all foremen must be members of the Carpenters) "must comply with Union rules
and hire none but members of the [Carpenters Union]." The constitution also prescribes the
manner in which members of a Carpenters local are required to obtain clearance cards and
work permits in order to work within the geographical trade jurisdiction of another local of
the Carpenters.
The net effect of McGraw's agreement with Local 472 to comply with the International
Agreement is to establish a closed-shop and an otherwise discriminatory referral arrange-
ment. (See cases in footnote 2, infra.) The record further shows that McGraw generally com-
plied with the trade rules, as Business Agent Campbell testified, and that the steward at the
project would advise Campbell if anything was "wrong." Campbell defined "wrong" in this
context as "for instance, if nonunion men were hired or some person came in who had a card
but was not clearedthrough[Local427]."Approximately160 individuals, including supervisors,
were engaged in the Armco installation work during the period from April 1, 1951, through
October 1, 1952. At least 133 had "introduction" or "referral" cards which Local 472 had
issued them on or before the respective dates of their employment. Campbell also testified in
this connection that he would and did issue such cards only to members of, or to individuals
who had made application for membership in, his union.
At various times in 1952, the record also shows, Campbell, Local 422 Steward Henry Evans,
McGraw strawboss in charge of checkers (Harry Barnhardt), and McGraw gate guards at the
project advised prospective employees that it wouldn't "do any good to file applications at
the project" and that "the only way to get a job there" was to obtain a referral or "work
slip" from Local 472.1
Clearly, McGraw and Local 472 and Local 472 Agent Campbell maintained and practiced a
discriminatory hiring arrangement; McGraw has thereby violated Section 8 (a) (1) and (3) of
the Act and Local 472 and its Agent Campbell have violated Section 8 (b) (1) (A) and (2) of the
Act.2 In view of the unlawful hiring arrangement. I also find that each of the Respondents is
lBased on the credible testimony of Edward R. Bratton, George Kramer, Luther Taylor,
Frank Wehrle, Jess Sothard, and Edward L. Mercker,
2 N. L. R. B. v. McGraw et al ., 206 F. 2d 635 (C. A. 6); N L. R. B. v. Whittenberg Con-
struction Company, 200 F. 2d 157 (C. A. 6); N. L. R. B. v. Cantrall et al., 201 F. 2d 853
(C. A. 9), certiorari denied 345 U. S. 996; N L. R. B. v, Local 743, United Brotherhood of
Carpenters, etc., 202 F. 2d 516 (C. A. 9); N. L. R. B. v. Swinerton et al., 202 F. 2d 511 (C. A.
9); The Lummus Company, 101 NLRB 1628; Haddock-Engineers, 104 NLRB 994; Local 13,
Boilermakers, 105 NLRB 339.
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
also responsible for the conduct of Campbell , the gate guards , Union Steward Evans, and
Strawboss Barnhardt in advising prospective employees that employment could only be had
through Local 472;9 McGraw thereby additionally violated Section 8 (a) (1) and Local 472
and Campbell violated 8 (b) (1) (A ) of the Act , N. L. R. B. v. Local 404, International Brother-
hood of Teamsters , etc., 205 F. 2d 99 (C. A. 1).
Discrimination Against Nolte
Nolte visited the job site on December 12, 1951, to seek employment as an "erection
machinist." He filled out a job application form provided by McGraw and left the application
in the company office. One of the questions on the job questionnaire was: "Member of
Engineering Society or Unions." Nolte replied, "Yes--IA of M." (There is no merit in
Respondents' contention that Nolte's application was not made in good faith.)
Not hearing from McGraw, Nolte returned to the project to check on his job application in
February 1952. There was a guardhouse at the entrance to the project on this latter occasion,
and Nolte was met there by a guard, Sparks by name. Nolte told Sparks he desired "to get
into the office to see if I would get the job." Sparks asked what kind of job Nolte was interested
in. And when Nolte replied, "erection machinist," Sparks said that "they don't hire any erec-
tion machinists; they hire millwrights, you will have to go to the Carpenters Union and see
Mr. Campbell." Nolte still did not hear from McGraw. The following year, about March 1953,
Nolte went to Campbell's office at the union hall, to be advised by Campbell that he, Nolte,
"might have a job . . down there now." Nolte said he was no longer interested after
Campbell further explained that the Armco project would be completed within 3 or 4 months.
Superintendent Zeller testified that he and the millwright foreman, Russell Day, checked
all applications and that he, Zeller, determined that Nolte was not qualified for the work in
question. Zeller further testified that he only passes on the qualifications of individuals who
file applications but that otherwise the hiring for millwright work is left entirely to Day. (Day
is a member of the Carpenters Union.) Zeller also testified that most men were hired without
having filed an application agd thatanyonereferredby Local 472 was accepted for employment
without any company representative passing on his qualifications.
Zeller and Day both testified that they hire employees without regard to membership in
Local 472, and that they hired employees at the gate, from applications, and through Local
472. In addition to the evidence respecting the hiring practice as discussed earlier in this
report, the record shows that McGraw did request Local 472 to send out millwright employees,
and Day further testified that even while hiring employees at the gate he would call Local 472
to have Campbell "clear them." This clearance, according to Day's testimony, was not pur-
suant to company instructions or any agreement between McGraw and Local 472, but "because
I wanted them to become union men."
The work which Nolte sought was installing and setting up machinery . His application and
his testimony show him to have had extensive machinist experience, including installation work.
In fact he had set up machinery at the old Armco rolling mill in Ashland. Moreover, as the
General Counsel contends, the record shows that Nolte's experience compares favorably with
individuals who were hired, including one Beatty, who served his machinist apprenticeship with
Nolte and who was hired after having been referred by Local 472. As indicated earlier, this
particular kind of work has been a bone of contention between the Machinists and the Car-
penters; and, under the circumstances of this case, had Nolte been referred or cleared for
such employment as a setup mechanic or millwright or erection machinist, whichever term
be applied, I find he would have been hired. I am satisfied that it was not Nolte's lack of
experience, but the arrangement or practice to hire this type of employee through Local 472,
which was the reason Nolte was not employed. Accordingly, I conclude that McGraw denied
employment to Nolte in violation of Section 8 (a) (1) and (3) of the Act and that Local 472
caused such discrimination in violation of Section 8 (b) (1) (A) and (2) of the Act. (See cases
in footnote 2, supra )
In reliance on McGraw's job questionnaires which inquire concerning the union membership
of applicants, the General Counsel further contends and I find that McGraw violated Section 8
(a) (1) of the Act. See N. L. R. B. v. McGraw et al., 206 F. 2d 635 (C.A. 6).
III. THE EFFECT OF THE UNFAIR LABOP. PRACTICES UPON COMMERCE
The activities of the Respondents set forth in section II, above, occurring in connection with
the operations of the Respondent Company, described in section I, above, have a close, inti-
3 Compare the M. W. Kellogg Company, 94 NLRB 526, 530.
McGRAW CONSTRUCTION CO. INC. 1051
mate , 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.
IV. THE REMEDY
Having found that the Respondents have engaged in certain unfair labor practices, I shall
recommend that they cease and desist therefrom and take certain affirmative action to effec-
tuate the policies of the Act . The only question in this regard is the scope of the cease-and-
desist orders.
The present record shows , in the case of Local 472, that its trade rules apply to all car-
pentry and millwright work within the Ashland area, thus covering out-of -State concerns (like
McGraw) as well as local contractors so engaged within that geographical reach . And, as also
shown above , the "International Agreement" binds McGraw to recognize the Carpenters'
jurisdiction claims , to employ its members , and otherwise to abide by the "rules and regula-
tions" of the Carpenters ' organization "of the locality in which any work of our company is
being done." There is thus a real danger , under these circumstances , that the respective
Respondents may engage in further like infractions of the Act with other unions and employers.
By the time violations of the sort and in the industry involved in this case are processed
through a Board and a later court enforcement proceeding , very frequently --perhaps even
most frequently--the project in question has been completed , as indeed the Armco project in
this case may be ended . Oftentimes , therefore , the only practical effect of an order , which is
limited between the parties to an immediate dispute , is to make whole some individuals
discriminated against and to post notices; such l imited order would not restrain Respondents
from engaging in similar unlawful arrangements with other unions or employers . Employment
practices of the sort under consideration here are particularly widespread in the building and
construction industry, and it would seem that employers and unions operating in this industry
consider reimbursement and posting orders to be merely another business expense and
inconvenience.
I am of the opinion, therefore , that a broad cease-and-desist order is appropriate here. 4
Accordingly , I shall recommend that McGraw refrain from entering into, performing, or
maintaining any hiring arrangement and/or agreement with Local 472 or with any other local
or subdivision of the Carpenters or with the Carpenters , except in accordance with the pro-
visions of the Act , I shall also recommend that Local 472 refrain from such employment
arrangement and/or agreement with McGraw or with any other employer engaged in commerce
within the meaning of the Act , except in conformity with the Act.
I shall further recommend that the Pespondents , jointly and severally , make Nolte whole for
any loss of pay suffered by reason of the discrimination against him, by payment to him of a
sum of money equal to that which he normally would have earned from December 12, 1951,
until March 15 , 1953, less his net earnings during this period. Back pay shall be computed in
accordance with the formula stated in F. W. Woolworth Company , 90 NLRB 289.
CONCLUSIONS OF LAW
1. McGraw Construction Co., Inc., has engaged in and is engaging in unfair labor practices
within the meaning of Section 8 (a) (1) and (3) and Section 2 (6) and (7) of the Act.
2. United Brotherhood of Carpenters and Joiners of America , AFL, Local No. 472, and its
agent Leonard Campbell, have engaged in and are engaging in unfair labor practices within
the meaning of Section 8 (b) (1) (A ) and (2) and Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication)
4N. L. R. B v . Mackay Radio & Telegraph Co , 304 U S 333 , 348; N . L. R B. v. Express
Publishing Co., 312 U S 426 ; May Department Stores Co . v. N L. R B. v. 326 U. S. 376,
390; N. L. R. B. v. United Mine Workers et al., 195 F. 2d 961 , 962, 963 (C A. 6).