209 N.L.R.B. 341 (N.L.R.B. 1974)

Plumbers, Local No. 155

National Labor Relations Board - Board DecisionsMar 4, 1974

209 N.L.R.B. 341 (N.L.R.B. 1974)

PLUMBERS , LOCAL NO. 155 Plumbers, Steamfitters & Pipefitters Local No. 155 and The Kroger Co . Case 26-CC-232 March 4, 1974 SUPPLEMENTAL DECISION AND AMENDED ORDER By MEMBERS FANNING, JENKINS, AND KENNEDY On March 15. 1972. the National Labor Relations Board issued its Decision and Order' in this proceeding. The Board, like the Administrative Law Judge,2 found that the Respondent had violated Section 8(b)(4)(ii)(B) of the National Labor Rela- tions Act, as amended, by picketing at the entrances to the shopping center where one of the supermarkets operated by The Kroger Company is located. Further, in agreement with the Administrative Law Judge, the Board majority3 found that Respondent's picketing did not violate Section 8(b)(4)(i)(B) or Section 8(b)(4)(i) and (ii)(A) of the Act, and that Respondent's handbilling that accompanied the picketing was separable from such picketing so as to be protected by the terms of the publicity proviso to Section 8(b)(4). Thereafter, on May 2, 1973, the United States Court of Appeals for the Sixth Circuit issued its opinion 4 enforcing that part of the Board's Order finding that the Respondent's picketing had violated Section 8(b)(4)(i.i)(B) of the Act. The court also held that Respondent's picketing and handbilling were violative of Section 8(b)(4)(i)(B) and Section 8(b)(4)(i) and (ii)(A) of the Act. Accordingly, the court remanded the case to the Board for modifica- tion of the Board's Order to provide, as alleged in the complaint, that Respondent's picketing and handbill- ing violated Section 8(b)(4)(i),(ii)(A) and (B) of the Act. We have accepted the court's remand, and accept the court's findings of fact and conclusions of law as the law of the case. Therefore, we find that the Respondent's picketing and handbilling were viola- tive of Section 8(b)(4)(i),(ii)(A) and (B) of the Act and we shall modify our Order accordingly. AMENDED ORDER In accord with the remand by the United States Court of Appeals for the Sixth Circuit, we hereby substitute the following for our original Order herein: Pursuant to Section 10(c) of the National Labor Relations Act as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Administrative Law Judge, as 341 modified below, and hereby orders that the Respon- dent, Plumbers. Steamfitters & Pipefitters Local No. 155, Little Rock, Arkansas, its officers, agents, and representatives, shall take the action set forth in the said recommended order, as so modified: 1. Designate existing paragraph I as subpara- graph 1(a) and add the following: "(b) Cease and desist from inducing or encourag- ing any individual employed by The Kroger Co., or any other person engaged in commerce, to engage in a strike or a refusal during his employment to use, manufacture, transport, or otherwise work on any goods, materials, or articles, or to perform any services, where an object thereof is to force The Kroger Co. to cease doing business with Metropoli- tan Trust Company and/or to force or require Metropolitan Trust Company to cease doing busi- ness with Rock Steel Building Co. or any other person engaged in commerce. "(c) Cease and desist from picketing and simulta- neously handbilling The Kroger Co., or any other person engaged in commerce, where an object thereof is to force The Kroger Co. to cease doing business with Metropolitan Trust Company and/or for the purpose of obtaining an agreement from The Kroger Co. which is prohibited by Section 8(e) of the Act." 2. Substitute the attached notice for the Adminis- trative Law Judge's notice. ' I95NLRB900. 2 The title of "Trial Examiner" was changed to "Administrative Law Judge" effective August 19, 1972. 3 Member Kennedy dissenting. 4 The Kroger Co. v. N.L R. B, 477 F.2d 1104 APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT threaten, coerce, or restrain The Kroger Co., or any other person engaged in commerce, where an object thereof is to force or require The Kroger Co. to cease doing business with the Metropolitan Trust Company and/or to force or require the Metropolitan Trust Company to cease doing business with Rock Steel Building Co. or any other person engaged in commerce. WE WILL NOT induce or encourage any individ- ual employed by The Kroger Co., or any other person engaged in commerce, to join in a strike or a refusal during his employment to use, transport, or otherwise work on any goods, materials, or articles or to perform any services in order to force The Kroger Co. to stop doing business with 209 NLRB No. 63 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Metropolitan Trust Company and/or to force or require Metropolitan Trust Company to cease doing business with Rock Steel Building Co. or any other person engaged in commerce. WE WILL NOT simultaneously picket and handbill The Kroger Co ., or any other person engaged in commerce , in order to force The Kroger Co . to stop doing business with Metropol- itan Trust Company and/or for the purpose of obtaining an agreement from The Kroger Co. prohibited by Section 8(e) of the National Labor Relations Act. Dated By (Representative) (Title) This is an official notice and must not be defaced by anyone. 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. Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's Office , Room 746 , Clifford Davis Federal Building, 167 North Main Street, Memphis , Tennes- see 38103 , Telephone 901-534-3161. PLUMBERS , STEAMFITTERS, AND PIPEFITTERS LOCAL No. 155 (Labor Organization)