United Brotherhood of Carpenters and Joiners of America, Local 943Download PDFNational Labor Relations Board - Board DecisionsOct 24, 195196 N.L.R.B. 1045 (N.L.R.B. 1951) Copy Citation UNITED BROTHERHOOD OF CARPENTERS, ETC., LOCAL 943 1045 Intimate, and substantial relation to trade, traffic, and commerce among the sev- eral States, and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE REMEDY It has been found that the Respondent has interrogated its employees con- cerning their union sympathies and activities. Accordingly, the Trial Examiner will recommend that the Respondent cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act. Upon the basis of the foregoing findings of fact and upon the entire record in the case, I make the following : CoNCLusIoNs of LAw 1. United Furniture Workers of America, CIO, is a labor organization within the meaning of Section 2 (5) of the Act. 2. By interrogating its employees concerning their union sympathies and activ- ities, the Respondent has engaged in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 3. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and ( 7) of the Act. [Recommended Order omitted from publication in this volume.] UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 943, A . F. OF L. an, l MANHATTAN CONSTRUCTION COMPANY, INC. Case No. 16-CD-4. October 24,1951 Decision and Order Quashing Notice of Hearing This proceeding arises under Section 10 (k) of the Act. On June 7, 1951, Manhattan Construction Company, Inc., herein called the Company, filed with the Regional Director for the Sixteenth Region a charge against United Brotherhood of Carpenters and Joiners of America, Local 943, A. F. of L., herein called the Carpenters, alleging that the Carpenters had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (b) (4) (D) of the Act. Pursuant to Section 10 (k) and Sections 101.30 and 101.31 of the Board's Rules and Regulations, the Regional Director investigated the charge and provided for a hearing upon due notice to all the parties. The hearing was held before Willis C. Darby, hearing officer, on July 3, ,1951. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues. The rulings of the hearing officer made at the hearing are free from prejudicial error and are 96 NLRB No. 160. 974176-52-vol. 96-67 1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hereby affirmed., All parties were afforded an opportunity to file briefs with the Board and briefs were filed by the Company and the Carpenters. - Upon the entire record' in the case,2'the Board makes the following : 1. THE BUSINESS OF TIIE COMPANY Manhattan Construction Company, Inc., is a general contractor engaged in building office buildings, hospitals, army camps, and other buildings in Oklahoma and Arkansas. During the calendar year 1950, the Company constructed certain buildings costing 38 million dollars in Oklahoma and others costing 12 million dollars in .Arkai;isas, of which approximately 25 percent represented the cost of materials originating outside the State wherein the buildings were erected. We find that the Company is engaged in commerce within the meaning of the Act, and that it would effectuate the policies of the Act to assert jurisdiction over its operations. II. THE LABOR ORGANIZATIONS INVOLVED The Carpenters and International Hod Carriers, Building and Common Laborers' Local 1212, A. F. of L., herein called;theLaborers, are labor organizations within the meaning of the Act. III. THE DISPUTE AND THE APPLICABILITY OF THE STATUTE A. The facts In October 1950, the Company began the construction of a six-story reinforced concrete structure to be known as the Chamber of Com- merce Building in Tulsa, Oklahoma. Early in 1951 a dispute arose between the Carpenters and the Laborers over the assignment of work concerning the stripping of certain wood forms into which the concrete is poured. This dispute culminated in a strike by the Carpenters on May 17, 1951, which was terminated by a temporary truce on June 27, 1951. It is this strike upon which the Company's charge of a violation of Section 8 (b) (4) (D) of the Act is predicated. 1 The hearing officer rejected a statement concerning the rules of procedure of the National Joint Board for Settlement of Jurisdictional Disputes in the AFL Building and Construction Industry and numerous affidavits concerning practices within the area relating to assignment of the disputed work Although , in view of our disposition of the instant proceeding , the rules of procedure of the Joint Board were relevant 'in this case, the healing officer ' s rejection of the evidence was not prejudicial as-we take judicial notice of the structure and procedures of that Board. 2 On August 29, 1951, the Carpenters ' International on behalf of its Local No. 943 filed a motion to reopen the record to add certain additional correspondence among the parties and the Joint Board , the decision of that board , and a copy of their contract with the Company. The Company opposed the motion on the ground that the proffered evi- dence was " incompetent , irrelevant and immaterial ," having no relation to "the issues in this action , to-wit: Whether or not the . . . [Carpenters ]i is guilty of an unfair labor practice ." In view of our decision herein, we find it unnecessary to rely upon the proffered evidence and accordingly deny the motion to reopen the record . See footnote 5, below. UNITED BROTHERHOOD OF CARPENTERS, ETC., LOCAL 943 1047 In the view we take of the statutory provisions controlling in this case, as discussed below, it becomes unnecessary to relate all of the facts concerning the nature of the disputed work, the contracts and intraunion agreements involved, and the communications between the interested parties concerning the dispute which preceded and fol- lowed the strike. It is sufficient for the purposes of this decision to note the following facts : 1. The Company is a member of the Oklahoma Chapter, Builders Division, The Associated General Contractors of America, herein called Associated. Through Associated the Company has contracts- with both Unions involved in this case. The contract with the Labor- ers, dated January 8, 1951, provides, inter alicc, that the Laborers has jurisdiction over such work as is determined to be within its jurisdic- tion by "International Agreement." 2. In an attempt to resolve disputes concerning the assignment of work relating to the handling, maintenance, and stripping of forms used in concrete construction, the internationals of the Carpenters and the Laborers entered into an "International Agreement" on October 3, 1949. After setting forth which types of work relating to concrete forms were to be performed by each union, this agreement provides that any dispute concerning such work should be referred to the two internationals for possible adjustment and, thaat failing, to the Na- tional Joint Board for Settlement of Jurisdictional Disputes, Building and Construction Industry, herein referred to as the Joint Board. As noted in the preceding paragraph, this agreement is incorporated by reference in the contract between the Company and the Laborers. 3. In addition to the above, before this dispute arose, the Company, through Associated, had signed a stipulation in which it agreed to be bound by the "terms and provisions" of the Joint Board, and in par- ticular agreed that "any decision or interpretation by the Joint Board . . . shall immediately be accepted and complied with by all parties signatory to this agreement." The record shows that some- time after the dispute arose John Beckman, the Company's labor rela- tions representative, advised A. C. Keeler, international representative of the Carpenters, to petition the Joint Board for a decision, and as of the date of the hearing in the instant proceeding the matter was before the Joint Board for decision. B. Applicability of the statute Section 10 (k) of the Act, although directing that the Board hear and determine disputes out of which Section 8 (b) (4) (D) charges have arisen, contains equally mandatory language directing that in certain circumstances the Board is not to make any determination. 1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Such limitations are contained in the italicized portions of the follow- ing language from Section 10 (k) : ... the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practices shall have arisen, u'nle$s, within ten days after notice that such charge has been filed, the parties to such dispute submit to the Board satis- factory evidence that they have adjusted or agreed upon methods for the voluntary adjustment of the dispute. Upon compliance by the parties to the dispute with the decision of the Board or upon such voluntary adjustment of the dispute, such charge shall be dismissed. Clearly the purpose of these provisions was to provide the parties with an opportunity to settle jurisdictional disputes among themselves without Government intervention whenever possible.3 It is signifi- cant, moreover, that the provisions italicized above require that the Board withhold any determination of a jurisdictional dispute not only when there has actually been a "voluntary adjustment," but equally whenever the Board has before it "satisfactory evidence" that as of the time the charge was filed or within 10 days thereafter the parties have "agreed upon methods for the voluntary adjustment of the dispute." As noted above, before the charge herein was filed-indeed before the` dispute which gave rise to that charge arose-the Company, the Carpenters, and the Laborers were all bound by agreement to deter- mine jurisdictional disputes pursuant to the procedures of the Joint Board, and to abide by any award of that board and had in fact sub- mitted the issue to that board. We have recently had occasion to note that the Joint Board "was established with the knowledge of this Board, for the purpose of considering and deciding" jurisdictional disputes of the type involved herein 4 On the record before us we are unable to determine whether there has, in fact, been a voluntary adjustment of the dispute .5 However, without deciding what result we would reach if there were evidence that any party has refused to comply with the award of the Joint Board, we regard the fact that all 0 See 93 Daily Cong. Rec. 4155. 4 The Plumbing and Contractors Association of Baltimore , Maryland, Inc at al, 93 NLRB 1081. It may be noted that the issue raised in that case , I. e., whether the exist- ence of the Joint Board relieved this Board of any obligation to resolve questions con- cerning representation in the building construction industry is wholly different from that presented here. The Board 's obligation under Section 9 (c) of the Act to resolve repre- sentation questions by secret ballot elections is not limited by the kind of references to voluntary adjustment contained in Section 10 (k). 5 Among the matters which the Carpenters sought to introduce into the record in the motion which we have denied above ( footnote 2, supra ) was a copy of the decision of the Joint Board issued after the close of the hearing herein. In briefs supporting this motion the Carpenters and the Laborers have indicated their intention to comply with that decision . The Company opposed the motion on the ground that the proffered evidence -was irrelevant, but did not indicate whether or not it intends to comply with the deter- mination of the Joint Board. F. BURKART MANUFACTURING COMPANY 1049 the parties had agreed to be bound by a determination of the dispute by the Joint Board as satisfactory evidence that at the time the charge was filed the parties had "agreed upon methods for the voluntary ad- justment of the dispute" within the meaning of Section 10 (k). We are therefore without authority to determine this dispute, and we shall accordingly quash the notice of hearing issued in this proceeding. Order On the basis of the foregoing findings of fact and conclusions of law and on the entire record in this case, the Board hereby orders that the notice of hearing heretofore issued in this proceeding be, and it hereby is, quashed. MEMBER REYNOLDS took no part in the consideration of the above Decision and Order Quashing Notice of Hearing. F. BURKART MANUFACTURING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORK- ERS OF AMERICA , CIO, PEWITIONER . Case No . 14-RC-1257. October °4.,1951 Supplemental Decision and Order On April 26, 1951, pursuant to a Decision and Direction of Election issued by the Board on March 30, 1951,' an election by secret ballot was conducted under the direction and supervision of the Regional Direc- tor for the Fourteenth Region among the employees in the unit found appropriate in the Decision. Upon completion of the election, a tally of ballots was issued and duly served by the Regional Director upon the parties concerned. The tally reveals that of approximately 174 eligible voters, 157 cast valid ballots, of which 53 were in favor of the Petitioner, 53 were in favor of the Intervenor, International Associa- tion of Machinists, herein called Intervenor Machinists, 50 were in favor of the Intervenor, Upholsterers International Union of North America, A. F. L., and its Local 702, herein called Intervenor Uphol- sterers, and none was cast against the participating labor organiza- tions. There was 1 challenged ballot. On May 1, 1951, Intervenor Upholsterers filed objections to conduct affecting the results of the election. Thereupon, in accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation and on June 4, 1951, issued and duly served upon the parties a report on objections. In his report, the Regional Director found that substantial and material issues with respect to the election 193 NLRB 1092. 96 NLRB No. 158. Copy with citationCopy as parenthetical citation