United Brotherhood of Carpenters and Joiners, Etc

National Labor Relations Board - Board Decisions

Feb 8, 1960

126 N.L.R.B. 501 (N.L.R.B. 1960)

UNITED BROTHERHOOD OF CARPENTERS & JOINERS, ETC 501
4 By refusing on and after April 16, 1959, to bargain collectively with the afore-
said labor organization as the exclusive bargaining representative of all employees
in the appropriate unit, the Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8(a) (5) of the Act
5 By interfering with, restraining, and coercing employees in the exercise of
rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is
engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act.
[Recommendations omitted from publication I
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the National Labor
Relations Act, as amended , we hereby notify you that
WE WILL bargain collectively , upon request, with Oil, Chemical and Atomic
Workers International Union , AFL-CIO , as the exclusive representative of
all our employees in the unit described herein with respect to rates of pay,
hours of employment , or other conditions of employment, and, if an under-
standing is reached , embody such understanding in a signed agreement The
bargaining unit is
All drivers and service and maintenance employees , excluding office
clerical employees , watchmen, guards, and supervisors as defined in the
Act, at our Ward Bottle Gas Division at Ephrata, Pennsylvania
WE WILL NOT in any like or related manner interfere with, restrain, or
coerce our employees in the exercise of their right to self-organization , to form
labor organizations , to join or assist the above -named or any other labor
organization, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection , or refrain from any and all such
activities, except to the extent that such rights may be affected by an agree-
ment requiring membership in a labor organization as a condition of employ-
ment as authorized in Section 8(a)(3) of the Act
UOrrn GAS INCORPORATED,
Employer
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not
be altered, defaced, or covered by any other material
United Brotherhood of Carpenters and Joiners of America,
AFL-CIO, Carpenters District Council of Milwaukee County
and Vicinity of the United Brotherhood of Carpenters and
Joiners of America, AFL-CIO; and Their Agents Ralph
Bowes and Henry Kamoske and Del-Mar Cabinet Company,
Inc. Case No 13-CC-158 February 8, 1960
SUPPLEMENTAL DECISION AND AMENDED
ORDER ON REMAND "
On October 1, 1958, the Board issued a Decision and Order in
this case,' finding that the District Council and its agent, Kamoske,
had violated Section 8(b) (4) (A) of the Act The finding was based
i 121 NLRB 1117
1126 NLRB No 55
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on the Respondents' action in successfully invoking Foreman Adams'
union obligation to refuse to let the employees under his supervision
work on millwork made by employers not under contract with the
United Brotherhood of Carpenters.
On July 9, 1959, the Court of Appeals for the District of Columbia
remanded this case to the Board for further supplementary proceed-
ings or dismissal of the complaint, as the Board should determine.'
The court was of the opinion that the evidence upon which the Board
relied was insufficient to support the Board's conclusion that Respond-
ent's business agent had utilized Miller's foreman, Adams, as a medium
of transmission for the purpose of instructing the employees of Miller,
the secondary employer, not to install cabinets manufactured by the
Del-Mar Cabinet Company. The court accordingly remanded the
case to the Board for dismissal of the complaint or, in the alternative,
for the presentation of additional evidence to sustain the Board's
conclusion.
The Board has reexamined the entire record in this case and finds
no additional evidence upon which a violation of the Act can be
imputed to the Respondent. Accordingly, the Board accepts the
court's remand solely as the law of this case and will therefore dismiss
the complaint.
[The Board dismissed the complaint.]
MEMBERS RODGERS and JENKINS took no part in the consideration of
the above Supplemental Decision and Amended Order on Remand.
3 274 F. 2d 564.
The Kendall Company, Bethune Plant and Textile Workers
Union of America , AFL-CIO. Case No. 11-CA-1418. Febru-
ary 8, 1960
DECISION AND ORDER
On August 26, 1959, Trial Examiner A. Bruce Hunt issued his
Intermediate Report in the above-entitled proceeding, finding that
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondent filed
exceptions to the Intermediate Report and a supporting brief.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Rodgers, Bean, and Fanning].
The Board has reviewed the rulings made by the Trial Examiner
and finds that no prejudicial error was committed. The rulings are
126 NLRB No. 65.