Ventura County District Council of Carpenters

National Labor Relations Board - Board Decisions

Dec 7, 1981

259 N.L.R.B. 541 (N.L.R.B. 1981)

VENTURA COUNTY DISTRICT COUNCIL OF CARPENTERS 541
Ventura County District Council of Carpenters and DECISION
Commercial Industrial Constructors, Inc. Cases
31-CB-3572 and 31-CC-1264 STATEMENT OF THE CASE
ROGER B. HOLMES, Administrative Law Judge: The
unfair labor practice charges in Cases 31-CB-3572 and
31-CC-1264 were both filed on January 18, 1980, by
December 7, 1981 Commercial Industrial Constructors, Inc., which is re-
ferred to herein as the Employer or the Charging Party.
(See G.C. Exhs. l(a) and (c).)
DECISION AND ORDER The Regional Director for Region 31 of the National
BY MEMBERS FANNI, J , AD Labor Relations Board, herein called the Board, who
BY MEMBERS FANNING, JENKINS, AND was acting on behalf of the General Counsel of the
ZIMMERMAN Board, issued on February 22, 1980, an order consolidat-
On October 17, 1980, Administrative Law Judge ing cases and consolidated complaint and notice of hear-
Roger B. Holmes issued the attached Decision in ing against Ventura County District Council of Carpen-
this po . Th r, te Rn fd ters, herein called the Respondent or the Union. (See
this proceeding. Thereafter, the Respondent filed G.C. Exh. (e).)
exceptions and a supporting brief. The General Counsel's consolidated complaint, which
Pursuant to the provisions of Section 3(b) of the was amended at the outset of the hearing, alleges that
National Labor Relations Act, as amended, the Na- the Respondent has engaged in unfair labor practices
tional Labor Relations Board has delegated its au- within the meaning of Section 8(b)(1)(A) and Section
thority in this proceeding to a three-member panel. 8(b)(4)(i) and (iiXB) of the National Labor Relations Act,
The Board has considered the record and the at- as amended, herein called the Act. The Respondent filed
an answer to the General Counsel's consolidated com-
tached Decision in light of the exceptions and brief plaint, an the Respondent denied that it had committed
and has decided to affirm the rulings, findings, and the alleged unfair labor practices. (See G.C. Exh. l(g).)
conclusions of the Administrative Law Judge, to In response to the additional allegations which were
modify his remedy,' and to adopt his recommended made by the General Counsel at the beginning of the
Order, as modified herein. 2 hearing, the attorney for the Respondent entered the Re-
spondent's denial of those allegations on the record. (See
ORDER G.C. Exh. 2, which sets forth the additional allegations.)
The hearing was held before me on July 1, 1980, in
Pursuant to Section 10(c) of the National Labor Ventura, California. The time for filing post-hearing
Relations Act, as amended, the National Labor Re- briefs was extended to September 5, 1980. Both counsel
lations Board adopts as its Order the recommended for the General Counsel and the attorneys for the Re-
Order of the Administrative Law Judge, as modi- spondent prepared and filed briefs which have been con-
fled below, and hereby orders that the Respondent, sidered.
Ventura County District Council of Carpenters, FINDINGs OF FACT
Ventura, California, its officers, agents, and repre-
sentatives, shall take the action set forth in the said i. THE EMPLOYER
recommended Order, as so modified:recommended Order, as so modified: At all times material herein, the Employer has been a
1. Substitute the following for paragraph l(a): California corporation with an office and place of busi-
"(a) Restraining and coercing employees in the ness located in Ventura, California, where the Employer
exercise of the rights guaranteed them in Section 7 has been engaged in the building and construction indus-
of the National Labor Relations Act by charging, try as a framing subcontractor.
trying, fining, or otherwise disciplining Ron Purse- In the course and conduct of its business operations,
ley, Mel Ellison, Steve Gerhardt, Mike O'Connor, the Employer annually purchases and receives goods or
Mark Valencia, Ray E. Thomas, John Schembri, services valued in excess of $50,000 from sellers or sup-
Roger Haynes, Richard Crawford, and Tim pliers located within the State of California, which sell-Roger Haynes, Richard Crawford, and Tim e o s l re s go in substantially theers or suppliers receive such goods in substantially the
Becker, or any of its members, in order to induce same form directly from outside the State of California.
or encourage them to withhold their services from In view of the foregoing admitted or stipulated facts, I
a neutral employer, with an object of forcing or re- find that the Employer has been at all times material
quiring the neutral employer to cease doing busi- herein an employer engaged in commerce and in a busi-
ness with a primary employer." ness affecting commerce within the meaning of Section
2(6) and (7) of the Act.
Interest is to be computed in accordance with Florida Steel Corpora-
tion, 231 NLRB 651 (1977). See, generally, Isis Plumbing & Heating Co., II. THE UNION
138 NLRB 716 (1962).
We have modified the Administrative Law Judge's recommended It was admitted in the pleadings that the Respondent
Order to conform with his findings. has been at all times material herein a labor organization
259 NLRB No. 28

( S e e G
. .
E x h s
. I
(a ) a n d ( c )
.)
By MEMBER, NG, ENKINS ND
, g Q ouslfth
, ,
c a se s a nd
oger . ol es issued t e tt isi i i
V e n t u r a C o u n t y D is t c t C o c l o C a r e n -
this proceeding. Thereafter, the espondent iled t r , r i ll t t r t i . ( ee
this proceeding. Thereafter, the espondent file . . . l( ).)
f. '
l
<
, i ll t t. t il
tached Decision in ligh of the exceptions and brief
tac e ecision in light of the exceptions and brief plaint, and the Respondent denied that it had committed
t ll f ir l r r ti s. ( ee . . xh. l(g).)
,'
'
i
il f ar e ters, FINDINGS OF FACT

I
r r r, as s ifi :
.
, , t, , t h e
se r v c e s v a l ue d e xc
e ss o f $5 0 ,0 00 fro m se l le rs o r
, i , i li r l t it i t t t lif r i , i ll-

'Interest
Since
i)

i t i
"
e

),
).
I ,

.
o f
a n d
A c t ,
t.nORDR'
.
)(

.
.
i r d l l l
l j t f iri B
gs co nc sions. r i s ll, s r i intral employer, with an objec f or ng r equi_*ng h
l i i it fi i , l i , r r, ll j ti t r t
X
e n t
VENTURA COUNTY DISTRICT COUNCIL OF CARPENTERS 547
Roger Haynes, Richard Crawford, and Tim Becker, or APPENDIX
any of its members, in order to induce or encourage
them to withhold their services from a neutral employer, NOTICE To EMPLOYEES AND MEMBERS
with an object of forcing or requiring the neutral em- POSTED BY ORDER OF THE
ployer to cease doing business with a primary employer. NATIONAL LABOR RELATIONS BOARD
(b) Charging, trying, fining, or otherwise disciplining An Agency of the United States Government
Ron Pursley, Mel Ellison, Steve Gerhardt, Mike O'Con-
nor, Mark Valencia, Ray E. Thomas, John Schembri, WE WILL NOT restrain and coerce employees in
Roger Haynes, Richard Crawford, Tim Becker, Gary the exercise of the rights guaranteed them in Sec-
Fishback, and Doug Chickering, or any of its members, tion 7 of the National Labor Relations Act, as
in order to induce or encourage them to withhold their amended, by charging, trying, fining, or otherwise
services from a neutral employer or other person en- disciplining Ron Pursley, Mel Ellison, Steve Ger-
gaged in commerce or in an industry affecting com- hardt, Mike O'Connor, Mark Valencia, Ray E.
merce, with an object of forcing or requiring such neu- Thomas, John Schembri, Roger Haynes, Richard
tral employer or other person to cease doing business Crawford, and Tim Becker, or any of our members,
with a primary employer. in order to induce or encourage them to withhold
(c) In any like or related manner restraining or coerc- their services from a neutral employer, with an
ing employees in the exercise of the rights guaranteed object of forcing or requiring the neutral employer
them by Section 7 of the Act. to cease doing business with a primary employer.
2. Take the following affirmative action which is WE WILL NOT charge, try, fine, or otherwise dis-
deemed necessary in o rd e r t o e ffe c t u a t e t h e policies o f cipline Ron Pursley, Mel Ellison, Steve Gethardt,
.. _ .,,..,.the Act: , .Mike O'Connor, Mark Valencia, Ray E. Thomas,
(a) Rescind disciplinary action taken against the 12 John Schembri, Roger Haynes, Richard Crawford,
persons named above and expunge from its records any Tim Becker, Gary Fishback, and Doug Chickering,
reference to that discipline. or any of our members, in order to induce or en-
(b) Refund to each one of the 12 persons named above d t s f a
any money held on account of the fines assessed against rae em o th e se e om n-
tral employer or other person engaged in com-them in connection with the aforesaid disciplinary action, tr n ngag n com-
with interest, as set forth in the section of this decision merce, or n an industry affecting commerce, with
entitled "The Remedy." an object of forcing or requiring such neutral em-
(c) Post at its offices and meeting halls copies of the ployer or other person to cease doing business with
attached notice marked "Appendix." 2 Copies of said a pnmary employer.
notice, on forms provided by the Regional Director for WE WILL NOT in any like or related manner re-
Region 31, after being duly signed by the Respondent's strain or coerce employees in the exercise of the
representative, shall be posted by the Respondent imme- rights guaranteed them by Section 7 of the National
diately upon receipt thereof, and be maintained by it for Labor Relations Act.
60 consecutive days thereafter, in conspicuous places, in- WE WILL rescind the disciplinary action taken by
cluding all places where notices to members are custom- us against the 12 persons named above, and WE
arily posted. Reasonable steps shall be taken by the Re- WILL expunge from our records any reference to
spondent to insure that said notices are not altered, de- that discipline.
faced, or covered by any other material. WE WILL refund to the 12 persons named above
(d) Sign and return to the Regional Director for any money held on account of the fines assessed
Region 31 sufficient copies of the attached notice marked against them in connection with the aforesaid disci-
"Appendix" for posting by Commercial Industrial Con- plinary action, and WE WILL pay them appropriate
structors, Inc., if that employer is willing to do so, in interest on such money.
conspicuous places, including all places where the em-
ployer customarily posts notices to its employees. VENTURA COUNTY DISTRICT COUNCIL OF
(e) Notify the Regional Director for Region 31, in CARPENTERS
writing, within 20 days from the date of this Order, what
steps the Respondent has taken to comply herewith.
' 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
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."
. i
i
, ti f t ti l r elati s ct, as
-

i l i t i t i t t j t
ti l r.
. t f ll i ffir ti ti i i I i
dee ed necessary in o r d e r t o e ff e c t u at e t h e policies o f cipline on ursley, l llis , teve t r t,
the . .,., Mike .
( ) i i i li r ti t i t t ri ,
f r o m t s r e c o r d s a n y T i m a
reference to that discipline. or any of our e bers, in order to induce or en-
( ) f t t cr t to w h te
y l t f t fi i t t r al empo e r o ot h er p e r e ngage d i com-
t i cti it t f r i i i li r ti , mr ce, o r piry eng comm
ti i i m er c ea o rb n a nforcingo reqiing
titl " e y." anploe t o fo orcing or requiring such neutral e -
apri oa o t h e r ." t o c e a se ^S b w m e ss w it h
W E
s r n

,
.
.
t it l . E T R COUNTY DISTRICT COUNCIL OF
f r i 31, in CARPENTERS

.
t