Plumbers Local 190 (United Engineers)

National Labor Relations Board - Board Decisions

Mar 10, 1989

293 N.L.R.B. 147 (N.L.R.B. 1989)

PLUMBERS LOCAL 190 (UNITED ENGINEERS) 147
Local 190, United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting In
dustry of the United States and Canada, AFL-
CIO/CLC (United Engineers and Constructors
Catalytic, Inc) and Stanley B Williams Cases
7-CB-7156(3) and 7-CB-7240
March 10, 1989
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND DEVANEY
On September 20, 1988, Administrative Law
Judge John H West issued the attached decision
The Charging Party filed exceptions and a support-
ing brief
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel
The Board has considered the decision and the
record in light of the exceptions and brief and has
decided to affirm the judge's rulings, findings, I and
conclusions and to adopt the recommended Order
ORDER
The recommended Order of the administrative
law judge is adopted and the complaint is dis-
missed
' The Charging Party has excepted to some of the judge s credibility
findings The Board s established policy is not to overrule an administra
live law judge s credibility resolutions unless the clear preponderance of
all the relevant evidence convinces us that they are incorrect Standard
Dry Wall Products 91 NLRB 544 (1950) enfd 188 F 2d 362 (3d Cir
1951) We have carefully examined the record and find no basis for re
versing the findings
Richard F Czubaj Esq for the General Counsel
Victor L Graf Jr Esq (Hurbis & Graf), of Ann Arbor,
Michigan for the Respondent
John T Burhans Esq of St Joseph, Michigan, for the
Charging Party
the briefs filed by the General Counsel and the Respond
ent, I make the following
FINDINGS OF FACT
I JURISDICTION
The complaint alleges, the Respondent admits, and I
find that at all times material Respondent and its in
volved sister local, Local 513, have been labor organiza
tions within the meaning of Section 2(5) of the Act
Catalytic Industrial Maintenance Co, Inc (CIMCO), a
Michigan corporation, and its parent, United Engineers
and Constructors Catalytic, Inc (UNEC), which is a
Pennsylvania corporation, have a maintenance contract
with the Indiana and Michigan Electric Company for the
Cook plant As pointed out by the General Counsel, the
Board has exercised jurisdiction over the Indiana and
Michigan Electric Company United Engineers and Con
structors Catalytic, Inc is an employer engaged in com
merce with the meaning of Section 2(2), (6), and (7) of
the Act
II THE ALLEGED UNFAIR LABOR PRACTICE
A The Facts
Carl Bowen, the site manager at Cook plant at Bridg
man, Michigan, for UNEC, testified that under its main
tenance contract at Cook with the Indiana and Michigan
Electric Company, UNEC supplies the supervision, ad
ministration, engineering, planning and labor to run the
facility, that the contract has been in effect since 1985
and the present contract will be in effect until 1990 that
in maintaining the equipment at Cook, UNEC uses pipe
fitters and specialized welders which it obtains from the
business agent (B/A) at Local 190, that when he requests
referrals, occasionally he requests individuals by name
that if the person referred has not worked at Cook in the
recent past, there must be, inter alia, training, a physical
and psychological test, a urine test, and a 5 year back
ground investigation whereas if the person had worked
at Cook in the last 6 months his records merely have to
be updated, that he tries to send a letter to the B/A con
firming that he has asked by telephone for a person by
name ' that there may have been occasions when he did
DECISION
STATEMENT OF THE CASE
JOHN H WEST Administrative Law Judge This case
was tried at Benton Harbor Michigan on March 15 and
16 1988 The charges were filed by the Charging Party
in the above described cases on April 13 and July 7,
1987, respectively A consolidated complaint was issued
on August 24, 1987 The issue is did the Respondent
vary from its well established hiring hall procedure in
making job referrals to the Donald C Cook Nuclear
Power Plant (Cook) in Berrien County, Michigan in vio
lation of Section 8(b)(1)(A) and 8(b)(2) of the National
Labor Relations Act (the Act)
On the entire record, including my observation of the
demeanor of the witnesses and after due consideration of
' GC Exhs 2(a) through (c) are three form letters dated November
14 1986 March 11 and April 27 1987 respectively As here pertinent
the body of the letters reads
Per our telephone conversation I am requesting (a specified
number) Pipefitters by name As you understand Article II of the
General Presidents Project Maintenance Agreement gives the Corn
pany (Catalytic) the right to hire employees by name who have pre
vious maintenance experience at Cook I am requesting
these employees as follows
By signing a letter from a National Labor Relations Board (the Board)
agent dated May 19 1987 G C Exh 4 Bowen agreed with the observa
Lion made therein by the Board agent namely
I told you that I had found nine names of pipefitters/welders on
your computer printout [G C Exh 3] who I did not recognize as
being specifically requested by name in any call from you to Local
190 since September 1986 To check on this I read you the follow
ing names D Alexander E Bondy R Daughtery T Desfosses H
Fordham R Kline V Miller D Premo and D Thompson Mr
Houck said that Daughtery and Kline had been requested by name
Continued
293 NLRB No 14
148 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
not send a confirmation letter, that if Local 190 is unable
to fill a request within 48 hours he can seek employees
from other sources, that when a welder is referred out to
Cook he must take a qualifying welding test to show that
he can weld at the nuclear power plants, that if a man is
referred out by Local 190 and fails the welding test, he is
not then used as a fitter but rather he is just not hired
that whereas, in the past, the welders would not be
tested until they went to school for 5 days early in 1987
it was decided that in view of the number of people fail
ing the welding test (breaking out) that the welders
would take the test first and if they passed it they were
sent to school, that if someone fails the test normally
UNEC does not try to get him back at Cook for at least
6 months that he was aware that the charging party,
Stanley Williams, failed a welding test at Cook but he
did not know when 2 that he does not know what local
the workers belong to but, rather he only knows that he
gets them through Local 190, and that he had no idea
what percentage of the men working for him at the time
of the hearing were from Local 190 or Local 513 or
some other local
Claude Swigart, the business manager of Local 513 of
the Plumbers and Pipefitters United Association testified
that in 1972 jurisdiction of the Cook plant was trans
ferred from Local 513 to Local 190,3 that there was a
The two of you told me that neither of you could recall asking the
Union to send you any of the other seven individuals by name
The parties stipulated that E Bondy was referred by Local 513 after
Local 190 could not find anyone And Bowen testified that Conger
Houck s replacement also called Local 190 between April and August
1987 and asked for people by name and that the Board agent did not ask
Conger if he had called Local 190 and asked for any of the above named
individuals
2 Bowen sponsored a letter dated April 14 1987 (G C Exh 5) from
CIMCO to the Board which states as pertinent
Mr Stanley B Williams was employed as a pipefitter /welder from
6/25/85 to 6/27/85 Mr Williams did not pass the required welding
examination for working with CIMCO at D C Cook Mr Stanley B
Williams was laid off for failure to meet these requirements
a Swigart sponsored a letter dated October 5 1972 (G C Exh 6)
which is from the general president of the United Association of Plumb
ers and Pipefitters to Local 513 which states
Two years ago the United Association assumed jurisdiction over
Donald Cook Nuclear Power Plant at Bridgman Michigan M J
McCarthy was appointed as the United Association steward on the
job In assuming jurisdiction over this project General Preseident
Peter T Schoemann directed
That Local Union 513 Benton Harbor Michigan be allowed to
man the job and collect all travel card monies as long as they are
guided by the appointed steward and are able to control the job to
the extent that there will not be jurisdictional walk offs wobbles
strikes or slow downs as per the terms of the National Construction
Agreement
On receiving a report that the United Association pipefitters had
walked off this project on September 19 representatives of Local 513
representatives of Livsey & Co Inc the mechanical contractor on the
job and M J McCarthy the United Associations steward on the job
were requested to meet with Assistant General President Bradshaw in the
general office Monday October 2 That meeting was held Based on
what was developed at this meeting it is clear that 50 to 60 percent of
the pipefitters employed on the job did walk off the job on September 19
that these wildcat pipefitters included members of Local 513 and al
though told by the United Association steward to return to work they
refused that the United Association steward was beaten up over a year
ago and in recent weeks had received repeated threats on his life from
anonymous telephone callers that these threats have come to the atten
tion of officials of Livsey & Co Inc and they view them with alarm
and that there have been several instances of tire slashings of United As
sociation members on the job The evidence is that the walkoff on Sep
project addendum agreement (G C Exh 7) which
speaks to various aspects of the transition of jurisdiction
from Local 513 to Local 190, that by letter dated March
31 1975 (G C Exh 8), he asked the general president of
the United Association to return the jurisdiction of Cook
to Local 513, that by letter dated May 1, 1975 (G C
Exh 9), his request was denied, that by letter dated No
vember 3, 1980 (G C Exh 10), he again asked the getter
al president of the United Association to return jurisdic
tion to Local 513, indicating, in part I am sure that
when you changed jurisdiction on this job you did not
intend that people across the state and out of state would
man a job while area men were unemployed , that by
letter dated March 22, 1983 (G C Exh 11) he asked the
new general president of the United Association to
return the jurisdiction of Cook to Local 513, that in all
of his correspondence with the United Association he
was never notified in writing, or even verbally that the
geographic preference for Local 513 members referred
to in the above described October 5, 1972 letter (see fn
3, supra), was either no longer in effect, or had expired
on completion of the construction phase of the job, that
he was never informed in his capacity as business manag
er, either by the United Association or by Local 190,
that any members of Local 513 who sought employment
by contractors at Cook had to physically register at
Local 190 s hall in Ypsilanti Michigan that from No
vember 30, 1986 to when he testified on March 15 1988,
he could recall only twice that the business agent from
Local 190 called him about a referral to Cook that of
the two calls, on the first, Local 190 called him to find
out what his manpower situation was and on the second,
Local 190 asked for a welder and he referred Eric
Bondy, that with respect to his availability to receive
calls for job referrals he has an answering machine that
is on for 24 hours a day and if he is gone for an extended
period of time he has a secretary answer the phone that
the secretary has a phone number and referral lists, and
tember 19 was in part a protest against the United Associations assump
tion of jurisdiction over the job
Local 513 s manning of this job was conditioned on its being guided by
the United Associations appointed steward on the job and its ability to
control the job and prevent walkoffs and strikes I find that Local 513 is
not meeting these conditions and accordingly effective Tuesday October
3 1972 I am ordering and directing that the responsibility for manning
this job be taken from Local 513 and assigned to Local 190 of Ann
Arbor Michigan As the United Association s agent for manning the job
Local 190 shall be entitled to collect and receive travel card dues due
after this date No travel card dues however will be required to be paid
to Local 190 by members of Local 513
In authorizing Local 190 to act as the United Associations agent on
this job under which the United Association has assumed jurisdiction
Local 190 s authorization is conditioned on the following
I Local 190 shall in manning the job take whatever steps are nec
essary to insure that United Association journeymen and apprentices
who are bona fide permanent residents within the territorial junsdic
Lion of Local 513 shall be provided preference in employment on
this job
2 Local 190 s authorization to act as agent shall continue only so
long as Local 190 is guided by the United Associations steward on
the job and is able to control the job to the extent that there shall be
no jurisdictional walkoffs wobbles strikes or slow downs as per the
terms of the National Construction Agreement
You are further advised until otherwise notified the wages terms
and condtitions of employment presently in effect on the job will
continue
PLUMBERS LOCAL 190 (UNITED ENGINEERS)
if she cannot contact him, she can refer people that he
has never received a call from Local 190 for a referral to
Cook when either refused or could not fill the request
during the period involved here, that about 30 percent of
Local 513 s 112 members are welders and the remainder
are pipefitters that he received a copy of the following
letter dated July 15, 1987 (R Exh 1), from the United
Association to Local 190 4
The United Association recently received a
report from International Representative Jack
Wheatley concerning several disputes over referral
practices at the DONALD C COOK NUCLEAR
POWERHOUSE Specifically the question has been
raised whether members of LU 513 should have
preference over members of LU 109 for referal to
the Cook Nuclear Powerhouse
On 8/17/70 the United Association assumed ju
risdiction of the Cook Nuclear Powerhouse pursu
ant to the 8/4/70 recommendation of General Orga
nizer Wendell J Straight Initially a United Asso
ciation steward was assigned to represent the UA
on a day to day basis at the powerhouse On
10/5/72, LU 190 (Ann Arbor, MI) assigned the re
sponsibility for manning the work performed at the
powerhouse At that time, LU 190 was instructed to
give preference to those UA members permanently
residing within the territorial jurisdiction of UA LU
513 The preference was based on bona fide perma
nent residence and not membership in a particular
local union This preference for local residents was
for the initial construction phase of the powerhouse
Recently there has been work performed under
the General Presidents Project Maintenance Agree
ment on the powerhouse and a question has arisen
whether the residence preference is still in effect
This is to advise that the preference on UA mem
bers residing within the territorial jurisdiction of
Local 513 was for the initial construction phase of this
project only Therefore, LU 190 should refer em
ployees for all UA work in accordance with the
normal referral procedures within the collective
bargaining agreement of LU 190
Swigart further testified that the initial construction
phase terminated sometime in the mid 1970s, that this
was the very first time that he had ever heard that the
preferential hiring clause in the 1972 letter ended at the
end of the initial construction, that he assumed that the
preference went beyond the initial construction phase,
that the hiring procedures set forth in the applicable Na
tional Construction Agreement which was in effect at
the time were modified by the above described October
5, 1972 letter, that when construction ceased the Nation
al Construction Agreement (Jt Exh 2) also ceased and
it was superceded by a new agreement, which was the
General Presidents Maintenance Agreement (Jt Exh 1),
that there is no hiring preference for Local 513 stated in
the maintenance agreement that between March 1987
* As pointed out by the General Counsel this letter is dated after the
original complaint in Case 7-CB-7156(3) was issued on May 29 1987 al
leging that Respondent had changed its referral procedures
149
and March 1988 he usually carried about 10 welders on
his out of work list (in other words the approximate 17
people on the list times the approximate 62 5 percent
figure supplied by the witness), that he has one telephone
and two telephone lines into his office, that there is no
one in his office on a regular basis other than himself,
that he has used a telephone answering machine for
about 5 years, that he may occasionally not have turned
on his telephone answering machine when he went to
lunch and possibly at other times, that there have been
occasions when people in the two other craft offices in
his building have answered his phone and have taken
messages, that during the last year several people have
told him that they called his office and the phone just
rings and no one picks it up that this occurs because a]
though he has call waiting (the second line), when he
is on long distance he will not answer the second line
even though he hears the clicking and the person calling
just hears the phone ring,5 that he does not keep a log of
incoming and outgoing telephone calls, that there have
been times when Local 190 called for help filling jobs at
Cook and there probably have been times when he has
had to tell Local 190 that he could not give them all the
people they needed, that he did not keep a log of refer
rals until January 1986 and the log or referral book does
not cover referrals to Cook that while the maintenance
agreement speaks to hiring procedures, it does not speak
to the Local 513/Local 190 question that there is no ad
dendum to the maintenance agreement which speaks to
hiring halls or preference, that he has never sent Local
513 members to sign Local 190 s out of work list since
he had no reason to do this, and he believes that for
someone to get on Local 190's book, they have to show
up physically at that local and that he could have called
Local 190 and have had his out of work members put on
its book to be sent out, and he could have sent his mem
bers out with a travel card, that he believes that the
proper procedure is that people in Local 190 who live in
Local 513 s jurisdiction should be referred first then
Local 513 members, and then Local 190 can go wherev
er it wants to obtain the people needed, that he has
never asked Local 190 what procedure it utilizes that his
conclusions regarding what procedure Local 190 utilizes
are based on conversations with people who are working
on the job that it is possible that Local 190 has called
him at home because they could not reach him at the
office and that no one at the United Association told
him that Local 513 s preference would be in effect until
he was told otherwise
The parties stipulated regarding Local 190 s telephone
bills that there is nothing on the telephone bill relating to
a call to Local 513 s office on March 30, 1987 or the im
mediately preceding business day, March 27, 1987 that
there is a call to Local 513 s office on April 24, 1987
5 Why he does not simply ask the person with whom he is talking long
distance to hold for a second because he has someone else on the other
line then depress the receiver tell the other caller he has a long distance
call on the other line and he will return the call within minutes then de
press the receiver again and resume his long distance conversation what
has to be a reasonable approach under these circumstances was not ex
planed on the record Perhaps he is not aware that with call waiting
the first caller can be put on hold
150 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
and that there is nothing on the telephone bill relating to
a call to Local 513 s office on May 4 , 1987, or the imme
diately preceding business day, May 1, 1987
Thomas Goettler , who is an executive board member
of Local 513 , testified that in the summer or fall of 1987
he spoke with Jack Wheatley , who is a United Associa
tion area organizer , that when he asked Wheatley about
Local 513 members getting jobs at Cook , Wheatley
asked him what he was talking about , that he told
Wheatley that he had to go all over the country for
work while people from all over the State and from out
side the State were working at Cook , that Wheatley said
that if he had his way people from Berrien County,
where Local 513 is located , would be hired first, that
Wheatley never said that the preference was lost when
the construction was completed , and that as a member of
Local 513 he was never told that in order to get work at
Cook he would have to physically go to Local 190 s hall
and register to work
Bruce Towler, who is the business manager of Local
190, testified that his understanding of the October 5,
1972 letter , set forth above , is that during the construc
tion of that job we would help put 513 members to
work on the project", that despite his understanding that
the preference expired at the end of the construction
phase , he continues to follow the spirit of the letter up to
the present that consequently the above described July
15, 1987 letter , indicating that the preference had expired
with the construction phase , had no impact on his refer
ral procedure , that under his referral procedure he goes
to his out of work list and checks for people that live in
Berrien County or in the jurisdiction of Local 513, that if
he could not get ahold of the business manager of
Local 513 , then he would go back to his out of work list
and call members to see if they wanted to go to work at
Cook , that if he could not fill the call off his out of work
list then he would call the sister locals around Local
513 s jurisdiction for people that the reason he still fol
lows the preference although not required to is because
the people who live in Berrien County should have pref
erence on the work at Cook, that he sent Williams to
work at Cook three times and Williams worked for
months the first two times before he was laid off and the
third time he failed the welding test that it has been
Local 190 's policy that any member of the United Asso
ciation , from any local can put his name on Local 190 s
referral book that Williams could have done this and he
would have been referred when his turn came that Wil
liams could have shown up at Local 190 s office present
ed his credentials and asked to have his name placed in
the referral book , or he could , as others have done tele
phoned Local 190 and had his name placed in the refer
ral book that he referred Thompson to Cook on March
30, Alexander on April 27 Defosses on April 28, and
Miller and Premo both on May 4, 1987 that these five
individuals are all members of Local 190 who do not live
in Bernen County on or in the territorial jurisdiction of
Local 513 , that when he referred these people out to
Cook he followed his normal referral procedure, which
is described above, that his secretary was unable to get
ahold of" Swigart when these referrals were made that
while his staff people have told him that they could not
"get ahold of Swigart , they have never indicated that
they got an answering machine , that on more than one
occasion he has tried to contact Swigart at his residence
after business hours to get the names of people to be re
ferred to Cook , that secretary Mary Beth Kantzler
places about 99 percent of the outgoing business calls,
that for April 24, 1987 , there is a line item entry on the
telephone bill indicating that a call was made from Local
190 to Local 513, and that in his affidavit to the Board,
dated April 23, 1987 , he indicated "I comply with the
letter of 1972 '
Jack Wheatley , who is an International representative
of the United Association , testified that before becoming
an International representative he was the business man
ager of Local 190, that he held that position during a
part of the construction phase of Cook , leaving the post
Lion in January 1975, that dunng the course of construc
tion , jurisdiction for Cook was originally vested in Local
513, that the United Association took over jurisdiction
about 1970 , that the above described October 5, 1972
letter created the hiring preference for people who live
in the terntonal jurisdiction of Local 513 , that the Octo
ber 5 , 1972 letter does not pertain to the General Presi
dent s Project Maintenance Agreement (Jt Exh 1), and
that under the General Presidents Agreement the con
tractor can even refer by name members of the United
Association at large
Williams testified that he had been referred out to
Cook three times by Swigart , that he is aware that Local
190 has jurisdiction over Cook , that he had no idea how
Local 190 's referral procedure works regarding Cook
that he was not told and he never tried to sign Local
190's hiring hall book and be sent out to work and that
it was his understanding that to get work at Cook he
would register at his home local, Local 513
Kantzler testified that she places about 99 percent of
outgoing calls at Local 190 that outgoing calls are not
recorded anywhere except on the telephone bills, that in
the year before the hearing , she attempted to contact
Local 513 for Towler numerous times that two or three
times a woman took a message for Swigart , that lots of
times nobody answered the phone when she called
Local 513 , that she never had an answering machine
answer the phone when he called Local 513 that there is
no notation on the phone bill when a long distance call is
made and there is no answer on the other end of the line
that she could place about 25 calls a day but she is not
sure of the number, that she did not know how many
calls she made to the Battle Creek, Michigan Local
during the last year , and that because of the relationship
between Local 413 and Local 190 regarding the Cook
referrals she calls Local 513 considerably more than the
other locals
B Contentions
On brief, the General Counsel contends that Respond
ent varied its hiring hall procedures with respect to the
DC Cook Nuclear facility during the period in ques
tion namely, September 30, 1986 , to May 8 1987 in that
during this period, Respondent referred six individuals to
the Cook facility who were not residents of the Berrien
PLUMBERS LOCAL 190 (UNITED ENGINEERS)
County area without first giving Local 513 an opportune
ty to provide applicants for the jobs, qualified both by
experience and residence, that the documentary evidence
and the testimony of Local 513's business manager,
Claude Swigart, clearly established the Respondent has,
during the period in question, bypassed the established
referral system for job vacancies at the Cook facility by
ignoring qualified applicants who registered on Local
513's out of work list and instead referred its own mem
bers out of turn, that Swigart is more credible than
Kantzler because he readily admitted that on those occa
sions when he was on a long distance call he would con
sciously let a second incoming call go unanswered, how
ever, that did not happen often, and if he did not answer
calls as frequently as Respondent asserts , or did not turn
on his answering machine as often as Kantzler testified,
the members would have long ago removed him from
office for malfeasance because their referrals rest solely
on Swigart's availability and ability to receive incoming
phone calls or messages, that judging by the thickness of
the monthly phone bills presented to Kantzler during her
cross examination, the number of calls she makes on a
daily basis is considerable and she could not possibly re
member how many or how often she was asked to con
tact Swigart at Local 513 s offices, and that, on the other
hand, Swigart easily testified that the number of times he
was called by Towler with a referral to Cook was limit
ed, in recent times, to the one time Swigart was able to
refer Bondy in April 1987
Respondent, on beef, contends that there is no eve
dence that the referral procedures have ever changed
and neither is there any evidence that Local 190 has ever
refused to refer any job applicant because of place of res
idence or local union affiliation Assertedly there is no
evidence from which an inference could be drawn that
Respondent, Local 190 has committed any unfair labor
practices in the operation of its hiring hall, and therefore
these charges should be dismissed
C Analysis
The General Counsel concedes, on brief, that in order
to find that Respondent bypassed the established referral
system the testimony of Swigart must be credited over
the testimony of Kantzler Actually it would be a matter
of crediting his testimony over her testimony and that of
151
Towler as well Kantzler was merely carrying out the
dictates of Towler If he told her to call Local 513, and
placing telephone calls was one of her job functions,
there is no reason given on this record why she would
not attempt to comply with Towler s directive Both
Towler and Kantzler testified that this is, in fact what
occurred, she unsuccessfully attempted to contact Swi
gart before the referrals in question were made On the
other hand, there is the testimony of Swigart, that some
times when he left the office he did not turn his answer
ing machine on, that people have told him that when
they call his office his phone j ust rings and no one picks
it up, that when he is engaged in a long distance conver
sation on his phone he will not answer his other line but
rather he just lets it ring, and that sometimes people in
other crafts in his building answer his phone when he is
not in the office The General Counsel's position is that
because the calls were not received, they were not made
In view of the above described shortcomings in the ap
proach taken by Swigart regarding incoming telephone
calls to his office, there is no basis for reaching such a
conclusion
CONCLUSIONS OF LAW
1 Respondent and Local 513 are labor organizations
within the meaning of Section 2(5) of the Act
2 United Engineers and Constructors Catalytic, Inc,
and Catalytic Industrial Maintenance Co, Inc are an
employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act
3 Respondent did not violate the Act as alleged in the
above described consolidated complaint issued on August
24, 1987
On these findings of fact and conclusions of law and
on the entire record I issue the following recommend
ed6
ORDER
It is recommended that the complaint be dismissed
8If no exceptions are filed as provided by Sec 102 46 of the Board s
Rules and Regulations the findings conclusions and recommended
Order shall as provided in Sec 102 48 of the Rules be adopted by the
Board and all objections to them shall be deemed waived for all pur
poses