Sheet Metal Workers International Assn

National Labor Relations Board - Board Decisions

Nov 7, 1974

214 N.L.R.B. 786 (N.L.R.B. 1974)

786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sheet Metal Workers International Association, Local
Union No . 223, AFL-CIO and Continental Air Fil-
ters Company and Cambridge Filter Corporation
and Gelfand Roofing Company . Cases 12-CC-725,
12-CC-726, 12-CC-728, 12-CC-727, and 12-
CE-14
November 7, 1974
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND KENNEDY
On April 3, 1972, the National Labor Relations
Board issued a Decision and Order in the above-enti-
tled proceeding.' Therein, the Board found that Re-
spondent had engaged in certain unfair labor practic-
es within the meaning of Section 8(b)(4)(i) and (ii)(B)
and Section 8(e) of the National Labor Relations
Act, as amended, and ordered that it cease and desist
therefrom and take certain affirmative action.
Thereafter, on May 10, 1974, the United States
Court of Appeals for the District of Columbia issued
its decision,' declining to enforce the Board's Order
because, in the court's view, the Board reached the
conclusion that Section 8(e) had been violated with-
out first making findings with respect to certain enu-
merated factors which in the court's opinion were
necessary to a determination of an 8(e) violation.3
Accordingly, the court remanded this case to the
Board for reconsideration and further evidence gath-
ering consistent with the court's opinion.
Thereafter, the Board accepted the remand and,
by letter dated July 30, 1974, invited the parties to
submit statements of position with respect to the is-
sues raised by the court's remand.
On August 20, 1974, Charging Party Gelfand filed
with the Board a request for leave to withdraw its
charge in Case 12-CE-14, stating that it had reached
a settlement with Respondent through the signing of
a new collective-bargaining agreement. Gelfand also
asserted that it viewed the dispute as being no longer
viable and would not further participate in the pre-
sentation of its case.
On September 3, 1974, the General Counsel filed
with the Board a motion to approve Gelfand's re-
quest to withdraw and to dismiss that portion of the
complaint which alleged a violation of Section 8(e) of
the Act. The General Counsel's stated position is that
the purposes of the Act would not be effectuated by
further administrative and judicial processing of this
matter.4
The Board, having duly considered the matters
presented herein, has decided to grant Gelfand's re-
quest to withdraw its 8(e) charge and the General
Counsel's motion to dismiss that part of the com-
plaint.' Accordingly, we shall modify our prior Deci-
sion and Order to conform therewith.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby reaffirms its prior Decision and
Order in this proceeding, 196 NLRB 55, as modified
below, and hereby orders that Respondent, Sheet
Metal Workers International Association, Local
Union No. 223, AFL-CIO, Miami, Florida, its offi-
cers, agents, and representatives, shall take the action
set forth in said prior Order, as modified herein:
1. Delete paragraphs 1(b) and 1(c) of the original
Order.
2. Delete paragraph 2(a) and reletter the remain-
ing paragraphs accordingly.
3. Substitute the attached notice for the original
notice attached to the Board's prior Decision and Or-
der.
IT IS HEREBY FURTHER ORDERED that the request of
Charging Party Gelfand to withdraw its charge previ-
ously filed in Case 12-CE-14 be, and it hereby is,
granted.
IT IS HEREBY FURTHER ORDERED that the General
Counsel's motion to dismiss that part of the com-
plaint alleging a violation of Section 8(e) be, and it
hereby is, granted.
IT IS HEREBY FURTHER ORDERED that the consolidat-
ed complaint issued herein by the Regional Director
for Region 12 on March 15, 1971, be, and it hereby
is, dismissed insofar as it alleges violations of Section
8(e) of the Act.
196 NLRB 55
2 Sheet Metal Workers International Association, Local Union No 223,
AFL-CIOv NLRB, 498 F 2d 687 (C A D C)
3 Respondent did not challenge before the court the Board's findings that
it violated Sec 8(b)(4)(i) and (u)(B) or the portions of the Board's cease-
and-desist order which related thereto
The General Counsel also alleges that Respondent has no objection to
the withdrawal of charges and dismissal of the complaint allegations per-
taining to Sec 8(e) of the Act
5In view of this action, we need not, and do not, rule on the issue of
whether, under the terms of the court's remand, Respondent's conduct vio-
lated Sec 8(e) of the Act
214 NLRB No. 115
SHEET METAL WORKERS INTERNATIONAL ASSN 787
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT engage in , or induce or encour-
age any individual employed by Union Air Con-
ditioning , Inc., United Sheet Metal Company, or
any other person engaged in commerce or in an
industry affecting commerce , to engage in, a
strike or a refusal in the course of his employ-
ment to use , manufacture, process, transport, or
otherwise handle or work on any goods, articles,
materials , or commodities, or to perform any
services ; or threaten , coerce , or restrain Union
Air Conditioning, Inc., United Sheet Metal
Company , Gelfand Roofing Company, or any
other person engaged in commerce or in an in-
dustry affecting commerce , where in either case
an object thereof is to force or require any of the
aforementioned employers , or any other person,
to cease using , selling, handling , transporting, or
otherwise dealing in the products of or to cease
doing business with Cambridge Filter Corpora-
tion , Continental Air Filters Company, East
Coast Supply Company, Intercoastal, Inc.,
Southern Metals, Inc., or any other person man-
ufacturing and/or distributing sheetmetal prod-
ucts.
WE WILL reimburse Gelfand Roofing Compa-
ny the sum of $150 , and Union Air Condition-
ing, Inc., the sum of $670 , which we forced them
to pay in order to use nonunion label products,
together with interest at the rate of 6 percent per
annum.
SHEET METAL WORKERS
INTERNATIONAL ASSOCIA-
TION, LOCAL UNION No.
223, AFL-CIO