Plumbers Local 139

National Labor Relations Board - Board Decisions

Jun 2, 1981

256 N.L.R.B. 337 (N.L.R.B. 1981)

PLUMBERS LOCAL 139 337
United Association of Journeymen and Apprentices
of the Plumbing and Pipe Fitting Industry of
the United States and Canada, Local 139, AFL-
CIO and Associated Plumbing, Heating and
Cooling Contractors of Great Falls, Montana.
Case 19-CB-3952
June 2, 1981
DECISION AND ORDER
Upon a charge filed on November 24, 1980, by
Associated Plumbing, Heating and Cooling Con-
tractors of Great Falls, Montana, herein called the
Employer or the Association, and duly served on
United Association of Journeymen and Apprentices
of the Plumbing and Pipe Fitting Industry of the
United States and Canada, AFL-CIO, herein called
Respondent, the General Counsel of the National
Labor Relations Board, by the Acting Regional Di-
rector for Region 19, issued a complaint and notice
of hearing on January 8, 1981, against Respondent,
alleging that Respondent had engaged in and was
engaging in unfair labor practices affecting com-
merce within the meaning of Section 8(b)(3) and
Section 2(6) and (7) of the National Labor Rela-
tions Act, as amended. Copies of the charge and
complaint and notice of hearing before an adminis-
trative law judge were duly served on the parties
to this proceeding. Respondent failed to file an
answer to the complaint.
On February 24, 1981, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment, with exhibits attached. Subse-
quently, on March 3, 1981, the Board issued an
order transferring the proceeding to the Board and
a Notice To Show Cause why the General Coun-
sel's Motion for Summary Judgment should not be
granted. Respondent has filed no response to the
Notice To Show Cause and the allegations of the
Motion for Summary Judgment stand uncontro-
verted.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides:
The respondent shall, within 10 days from the
service of the complaint, file an answer there-
to. The respondent shall specifically admit,
deny, or explain each of the facts alleged in
the complaint, unless the respondent is without
knowledge, in which case the respondent shall
so state, such statement operating as a denial.
All allegations in the complaint, if no answer
is filed, or any allegation in the complaint not
specifically denied or explained in an answer
256 NLRB No. 61
filed, unless the respondent shall state in the
answer that he is without knowledge, shall be
deemed to be admitted to be true and shall be
so found by the Board, unless good cause to
the contrary is shown.
The complaint and notice of hearing served on
Respondent herein specifically states that, unless an
answer to the complaint is filed within 10 days of
service thereof, "all of the allegations in said Com-
plaint shall be deemed to be admitted as true, and
may be so found by the Board." Further, accord-
ing to the uncontroverted allegations of the Motion
for Summary Judgment, counsel for the General
Counsel, on February 9, 1981, telephonically con-
tacted Respondent's business manager and advised
him of the requirement that an answer be filed and
was informed by the business manager that no
answer would be forthcoming, and, by letter of the
same date to counsel for the General Counsel, the
business manager stated that he did not intend to
file an answer.
Accordingly, under the rule set forth above, no
good cause having been shown for the failure to
file a timely answer, the allegations of the com-
plaint are deemed admitted and are found to be
true, and we shall grant the General Counsel's
Motion for Summary Judgment.
On the basis of the entire record, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Associated Plumbing, Heating and Cooling Con-
tractors of Great Falls, Montana, is an organization
composed of employers engaged in the plumbing,
heating, and cooling industry, and exists for the
purpose, inter alia, of representing its employer-
members in negotiating and administering collec-
tive-bargaining agreements with Respondent. The
Association, collectively, during the 12 months pre-
ceding the issuance of the complaint, a representa-
tive period, in the course and conduct of its busi-
ness operations, had gross sales of goods and serv-
ices valued in excess of $500,000. During the same
period, the Association, collectively, sold and
shipped goods, or provided services from its facili-
ties within the State of Montana to customers out-
side said State, or sold and shipped goods, or pro-
vided services to customers within said State,
which customers were themselves engaged in inter-
state commerce by other than indirect means, of a
total value in excess of $50,000. Further, during the
same period, the Association, collectively, pur-
chased and caused to be transferred and delivered
to its facilities within the State of Montana goods
PLUMBERS LOCAL 139 337_
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and materials valued in excess of $50,000 directly
from sources outside said State, or from suppliers
within said State which in turn obtained such
goods and materials directly from sources outside
said State.
We find, on the basis of the foregoing, that the
Association is, and has been at all times material
herein, an employer 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.
II. THE LABOR ORGANIZATION INVOLVED
United Association of Journeymen and Appren-
tices of the Plumbing and Pipe Fitting Industry of
the United States and Canada, Local 139, AFL-
CIO, is a labor organization within the meaning of
Section 2(5) of the Act.
II1. THE UNFAIR LABOR PRACTICES
A. The Unit
At all times material herein, Respondent has
been, and is now, the lawfully designated exclusive
collective-bargaining representative in the follow-
ing appropriate unit of the employees of the Asso-
ciation employer-members:
All journeymen plumbers, apprentice plumbers
and working foremen plumbers employed by
the individual employers of the Association.
B. The 8(b)(3) Violation
The Association and Respondent are parties to a
collective-bargaining agreement, effective from
July 1, 1979, to July 1, 1982. Said agreement con-
tains, inter alia, an exclusive hiring hall provision
detailing procedures concerning dispatches of em-
ployees to Association employer-members. Such
provision requires immediate referral by Respond-
ent of employees upon request by the Association
employer-members. Further, article IV, section
4(b)(7), of that agreement provides:
It will be the responsibility of the member on
the list (while on travel card and working out-
side the jurisdiction of Respondent) to keep in
contact, at his own expense, with the business
manager if he wishes to return to work in the
jurisdiction of Local 139.
On or about October 7, 1980, at a union meeting
attended by Respondent's business manager, Re-
spondent's executive board, and its members deter-
mined to change unilaterally the exclusive hiring
hall provision, including article IV, section 4(b)(7),
by requiring the business manager to call those
members on travel card, notify them of available
employment, and give them a number of hours to
respond. This change was effected without the
consent of the Association. Further, since October
7, 1980, Respondent has refused and continues to
refuse to dispatch employees upon request of the
Association employer-members, in accordance with
the terms of the agreement.
Accordingly, we find that by unilaterally chang-
ing the hiring hall procedure as set forth in the par-
ties' agreement without the consent of the Associ-
ation, and by refusing to dispatch employees upon
request of Association employer-members in ac-
cordance with the terms of the agreement, Re-
spondent has, since on or about October 7, 1980,
and at all times thereafter, refused to bargain col-
lectively with the Association. We further find that
by such conduct, Respondent has engaged in and is
engaging in unfair labor practices within the mean-
ing of Section 8(b)(3) 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 oper-
ations described in section I, above, have a close,
intimate, and substantial relationship to trade, traf-
fic, and commerce among the several States and
tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of com-
merce.
V. THE REMEDY
Having found that Respondent has engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(b)(3) of the Act, we shall
order that it cease and desist therefrom. We also
shall require Respondent to honor and abide by the
hiring hall procedures as specified in the collective-
bargaining agreement between the parties and as
implemented prior to the unilateral change on or
about October 7, 1980, and to dispatch employees
upon request of the Association employer-members
in accordance with the terms of that agreement.
CONCLUSIONS OF LAW
1. Associated Plumbing, Heating and Cooling
Contractors of Great Falls, Montana, is an employ-
er engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
2. United Association of Journeymen and Ap-
prentices of the Plumbing and Pipe Fitting Indus-
try of the United States and Canada, Local 139,
AFL-CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. All journeymen plumbers, apprentice plumbers
and working foremen plumbers employed by the
PLUMBERS, LOCAL 139 339
individual employers of the Association, constitute
a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of
the Act.
4. By unilaterally changing, on or about October
7, 1980, the hiring hall referral procedures as speci-
fied in the collective-bargaining agreement, effec-
tive from July 1, 1979, to July 1, 1982, between
Respondent and the Association, and as implement-
ed prior to on or about October 7, 1980, and, since
that date, by enforcing the unilateral change by re-
fusing to dispatch employees upon request of the
Association employer-members in accordance with
the terms of that agreement, Respondent has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(b)(3) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
United Association of Journeymen and Apprentices
of the Plumbing and Pipe Fitting Industry of the
United States and Canada, Local 139, AFL-CIO,
Great Falls, Montana, its officers, agents, and rep-
resentatives, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with the As-
sociation of Plumbing, Heating and Cooling Con-
tractors of Great Falls, Montana, by unilateraly
changing hiring hall procedures as specified in the
collective-bargaining agreement between the par-
ties and as implemented prior to on or about Octo-
ber 7, 1980, and, since that date, by enforcing the
unilateral change by refusing to dispatch employees
upon request of the Association employer-members
in accordance with the terms of the agreement.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of rights guaranteed them in Section 7 of the
Act.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the
Act:
(a) Honor and abide by the hiring hall proce-
dures as specified in the collective-bargaining
agreement between the Association and Respond-
ent and as implemented prior to on or about Octo-
ber 7, 1980, and dispatch employees upon request
of the Association employer-members in accord-
ance with the terms of that agreement.
(b) Post at its 1112 Seventh Street South, Great
Falls, Montana, office copies of the attached notice
marked "Appendix."' Copies of said notice, on
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
forms provided by the Acting Regional Director
for Region 19, after being duly signed by Respond-
ent's representative, shall be posted by Respondent
immediately upon receipt thereof, and be main-
tained by it for 60 consecutive days thereafter, in
conspicuous places, including all places where no-
tices to employees are customarily posted. Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or cov-
ered by any other material.
(c) Notify the Acting Regional Director for
Region 19, in writing, within 20 days from the date
of this Order, what steps the Respondent has taken
to comply herewith.
Order of the National Labor Relations Board" shall read "Posted Pursu-
ant 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 bargain collectively
with the Association of Plumbing, Heating and
Cooling Contractors of Great Falls, Montana,
by unilaterally changing hiring hall procedures
as specified in the collective-bargaining agree-
ment between the Association and us and as
implemented prior to on or about October 7,
1980, and by enforcing such unilateral change
by refusing to dispatch employees upon re-
quest of the Association employer-members in
accordance with the terms of that agreement.
The bargaining unit is:
All journeymen plumbers, apprentice plumb-
ers and working foremen plumbers em-
ployed by the individual employers of the
Association.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce employees in
the exercise or rights guaranteed them by Sec-
tion 7 of the Act.
WE WILL honor and abide by the hiring hall
procedures as specified in the collective-bar-
gaining agreement and as implemented prior to
on or about October 7, 1980, and WE WILL
dispatch employees upon request of the Asso-
PLUMBERS, LOCAL 139
340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ciation employer-members in accordance with
the terms of that agreement.
UNITED ASSOCIATION OF JOURNEY-
MEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUS-
TRY OF THE UNITED STATES AND
CANADA, LOCAL 139, AFL-CIO