Plumbers and Steamfitters Local Union 157

National Labor Relations Board - Board Decisions

Jun 19, 1958

120 N.L.R.B. 1552 (N.L.R.B. 1958)

1552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Plumbers and Steamfitters Local Union 157, of the United Asso-
ciation of Journeymen and Apprentices of the Plumbing and
Pipefitting Industry of the United States and Canada, AFL-
CIO and Home Packing Company, Incorporated . Case' No.
35 CD-28. June 19, 1958
DECISION AND DETERMINATION OF DISPUTE
STATEMENT OF THE CASE
This proceeding arises under Section 10 (k) of the Act, which pro-
vides that, "whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) (D) of
Section 8 (b), the Board is empowered to hear and determine the
dispute out of which such unfair labor practice has arisen...."
On February 17, 1958, James H. Adamson, an attorney represent-
ing Home Packing Company, Incorporated, herein called the Com-
pany, filed with the Regional Director for the Ninth Region a charge
alleging that Plumbers and Steamfitters Local Union 157, of the
United Association of Journeymen and Apprentices of the Plumbing -
and Pipefitting Industry of the United States and Canada, AFL-CIO,
herein called Local 157, had engaged in and was engaging in certain
unfair labor practices within the meaning of Section 8 (b) (4) (D)
of the Act. It was charged, in substance, that Local 157 had induced
and encouraged employees of the Company to engage in a strike or
concerted refusal to work with the object of forcing or requiring the
Company to assign particular work to members of Local 157 rather
than to employees of the Company who are represented by Local 764,
International Union of Operating Engineers, AFL-CIO, herein called
the Operating Engineers.
Thereafter, pursuant to Section 10 (k) of the Act and Sections
102.79 and 102.80 of the Board's Rules and Regulations, the Regional
Director investigated the charge and provided for a hearing upon due
notice to all the parties. The hearing was held before Thomas M.
Sheeran, hearing officer, on April 1, 1958, at Terre Haute, Indiana.
All the parties appeared at the hearing and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
adduce evidence bearing on the issue. The rulings of the hearing
officer made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were likewise afforded opportunity to
argue orally before the hearing officer, and to file briefs.
Upon the entire record in the case, the Board' makes the following :
1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three-member panel
.(Chairman Leedom and Members Bean and Jenkins].
120 NLRB No. 195.
PLUMBERS AND STEAMFITTERS LOCAL UNION 157 1553
FINDINGS OF FACT
1. The Company is engaged in commerce within the meaning of
the Act.
2. Local 157, and the Operating Engineers are each labor organiza-
tions within the meaning of the Act.
. 3. The Company, which is engaged in the packing and distributing
of meat products, determined in January 1958 to replace two obsolete
compressors in its plant engineroom with similar new equipment. In
the early part of January 1958, through its plant superintendent,:,
Robert F. Scott, the Company assigned the task of removing the obso-
lete compressors and installing new ones to its stationary engineer
employees, who are represented by the Operating Engineers with whom
the Company has a collective-bargaining agreement terminating No-
vember 1, 1959. These employees began this work in the latter part
of January 1958. At the time of the hearing, April 1, 1958, it was
estimated that the project would be completed within 2 weeks of that
date.
According to Plant Superintendent Scott, on February 7, 1958, he
was approached at the Company's plant by two representatives of
Local 157, Mr. Taylor, its financial secretary and treasurer, and Mr.
Mansard, its business agent. Taylor informed Scott that the instal-
lation of the equipment was considered to be "new work" and should
be done by "their people." Scott stated that the work involved the
replacement.of old equipment which work he felt belonged to his own
employees. Later that same day, Scott again encountered Taylor and
Mansard at the plant, Taylor again stating that the work should be
performed by "his people." Taylor also alluded to the fact that the
Company had employed additional labor to assist in the installation
work. Scott stated that the Company had recalled two former em-
ployees to help in the removal of the obsolete equipment. At this
point, Taylor ended the conversation by threatening to picket the
plant if the Company persisted in continuing the work.
Scott testified he met Taylor for the third time at the plant on
February 13, 1958, at which time Taylor stated there was nothing
else to do but "put a picket out front" since the Company was con-
tinuing to do the work.
James H. Adamson, attorney for the Company, testified that on
February 13, 1958, he telephoned Mansard to corroborate the in-
formation he, Adamson, had received concerning the threatened
picketing. Mansard stated that he was authorized to place pickets
unless Local 157's demands were met. Adamson then telephoned
Taylor who informed him that picketing would commence the follow-
ing morning, the Company having refused to sublet the work to
plumbing contractors, employing members of Local 157.
483142-59-col. 1.20=99
1554 DECISIONS OF NATIONAL - LABOR `RELATIONS -BOARD
On February 14, 1958 , Adamson telephoned Grover C . Osborne,
business manager of Local 157, to question him in reference to the
picketing. Osborne, in this conversation , claimed the work of install-
ing the compressors , stating that Taylor had given the,Company the
names of 4 or 5 plumbing contractors who hired Local 157 men and
to whom the Company could sublet the work.. - -
On February 19, 1958, Adamson met with various representatives
of the . Local Building Trades Council ; including Osborne who told
Adamson . that Local 157 would have to picket unless the work was
sublet to a plumbing contractor or plumbers were , hired directly- to
do the work.
In the meantime , picketing had commenced when on February 14,
1958, a picket appeared at the Company 's premises for that 1 day
carrying a sign bearing the legend, "this job does not employ Union
plumbers , Local 157 UA-AFL." Picketing resumed on February 17
and continued through February 21,. 1958, and then was resumed
March 3 , 1958, through March 14, 1958. On February 19, 1958, and
thereafter , the legend on the picket sign read, "Home Packing Com-
pany unfair to Building Construction Branch of Union Plumbers
and Steamfitters , Local 157, U. A." All company employees continued
to work on the dates of the picketing. -
Osborne testified that the picketing occurred at his direction and
was "not only ... jurisdictional ... but for organizational pur-
poses." According to Osborne , the purpose of the picketing was to
organize the two recently hired employees into the membership of
Local 157.
The parties stipulated that the Board has not issued a certification
to Local 157 as the collective -bargaining representative of any of the
Company's employees nor had Local 157 been, at any time material
hereto, the collective -bargaining representative of any of the Com-
pany's employees.
Contentions of the Parties
-The Company contends that by the conduct described above, Local
157 violated Section 8 (b) (4) (D) of the Act. Local 157 apparently
takes the position that its activities were confined to organizing the
newly hired employees into its membership.
Applicability of the Statute
Under Section 10 (k) of the Act, the Board is required to find that
there is reasonable cause to believe that Section 8 (b) (4) (D) has
been violated before, undertaking to determine the dispute out of
which the alleged unfair labor practice has arisen.
It is clear,'as set forth above, that Local 157, by means of its picket-
ing, induced and encouraged the Company's employees to engage in
PLUMBERS AND STEAMFITTERS LOCAL UNION 157: 1555
a strike with an object of forcing or requiring the Company to assign
the work of installing its compressor equipment to members of Local
157 rather than to the Company's own employees. Accordingly, .we
find there is reasonable cause to believe that Local 157 violated Section
8 (b) (4) (D) of the Act. We further find that the dispute involved
in this proceeding is properly before us for determination under
Section 10 (k) of the Act.
Merits of the Dispute
It is well established that an employer is free to make work assign
ments without being subjected to those pressures proscribed by Section
8 (b) (4) (D) of the Act, unless the employer "is failing to conform
to an order or certification of the Board determining the bargaining
representative for employees performing such work." 2 Local 157 is
not the certified collective-bargaining representative for the employees
performing the work here in dispute nor does it claim to be -a party
to any agreement with the Company whereby it would be entitled to
represent such employees. Accordingly, we find that Local 157 was
not entitled by means proscribed by Section 8 (b) (4) (D), to force
or require the Company to assign the work of installing the compressor
equipment to members of Local 157 rather than to the Company's
own employees who were members of the Operating Engineers.
DETERMINATION OF DISPUTE
Upon the basis of the foregoing findings of fact, and upon the entire
record in this case, the Board makes the following determination of
dispute, pursuant to Section 10. (k) of the Act :
1. Plumbers and Steamfitters Local Union 157, of the United Asso-
ciation of Journeymen and Apprentices of the Plumbing and Pipe-
fitting Industry of the United States and Canada, AFL-CIO, is not,
and has not been, lawfully entitled to force or require Home Packing
Company, Incorporated, to assign the work in dispute to members of
Local 157, rather than to the Company's own employees.
2. The aforesaid Local 157 shall, within ten (10) days from the
date of this Decision and Determination, notify the Regional Director
for the Ninth Region in writing whether or not it accepts the Board's
determination of this dispute and whether or not it will refrain from
forcing or requiring Home Packing Company, Incorporated, by means
proscribed in Section 8 (b) (4) (D) of the Act, to assign the work
in dispute to members of Local 157 rather than to the Company's
own employees.
2 International Longshoremen and Warehousemen's Union, Local No. 16, C. I. 0. (Juneau
Spruce Corporation ), 82 NLRB 650.