Central Rigging and Contracting Corp.

National Labor Relations Board - Board Decisions

Apr 9, 1962

136 N.L.R.B. 913 (N.L.R.B. 1962)

CENTRAL RIGGING AND CONTRACTING CORPORATION 913
CONCLUSIONS OF LAW
1. Philadelphia Sheraton Corporation is an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
2. Hotel, Motel and Club Employees Union, Local 568, AFL-CIO, is a labor
organization within the meaning of Section 2(5) of the Act.
3. By discharging Miguel de Jesus Sanchez for reasons other than his failure to
tender periodic dues and initiation fees to Respondent Union, Respondent, Phila-
delphia Sheraton Corporation, violated Section 8(a)(3) and (1) of the Act.
4. By maintaining, enforcing, and otherwise giving effect to an understanding,
arrangement, or practice whereby Philadelphia Sheraton Corporation directs all
newly hired employees to report to Respondent Union shortly after they are hired
at which time said newly hired employees are given a work card by Respondent
Union which prior to December 9, 1960, had to be presented to Sheraton Hotel, the
Respondent, Philadelphia Sheraton Corporation, has violated Section 8(a)(1) of
the Act.
5. By causing Respondent, Philadelphia Sheraton Corporation, to discharge Miguel
de Jesus Sanchez, Anibal Vazquez, and Elliott McIlwain for reasons other than their
failure to tender periodic dues and initiation fees, Respondent Union violated Section
8(b)(2) and (1)(A) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Central Rigging and Contracting Corporation and David Edwin
Beard , Robert Thomas Quinnelly, Wesley B. Lasseter , Robert
Bruce Beard , and George Lawrence Eunice
Lodge 554 , International Brotherhood of Boilermakers, Iron
Ship Builders , Blacksmiths, Forgers and Helpers, AFL-CIO,
and its agent C. K. Curry and Robert Thomas Quinnelly,
Wesley B. Lasseter , Robert Bruce Beard , George Lawrence
Eunice, and David Edwin Beard. Cases Nos. 10-CA-408,
10-CA-4083, 10-CA-4084, 10-CA-4085, 10-CA-4087, 10-CB-1086,
10-CB-1087, 10-CB-1088, 10-CB-1089, and 10-CB-1090. April 9,
196°
SUPPLEMENTAL DECISION AND ORDER
On October 11, 1960, the Board issued its Decision and Order in the
above-entitled proceeding,' finding that the Respondents had engaged
in and were engaging in certain unfair labor practices in violation of
Section 8(a) (1) and (3) and Section 8(b) (1) (A) and (2) of the
Act by maintaining a hiring arrangement or understanding which did
not satisfy the standards required by Mountain Pacific Chapter of the
Associated General Contractors, Inc., et al., 119 NLRB 883, for a law-
ful exclusive hiring hall arrangement.
On February 6, 1961, the General Counsel filed in the Circuit Court
of Appeals for the Fifth Circuit a petition for enforcement of the
1129 NLRB 342.
136 NLRB No. 82.
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board's Decision and Order. On April 17, 1961, while that petition
was pending, the Supreme Court handed down its decisions in Local
357, Teamsters ,3 and Local 60, Carpenters.' On motion of the Board,
the court remanded the instant case to the Board.
The Board 4 has reconsidered this case in the light of the Supreme
Court's decisions, and, in accord with those decisions, hereby vacates
those portions of its Decision and Order which found that an unlaw-
ful hiring arrangement existed only because of the absence of the
Mountain Pacific standards in the Respondents' hiring arrangement,
and which required dues reinbursement for all members of Boiler-
makers Lodge 554 who were hired, pursuant to the Respondents' hir-
ing arrangement, by Central Rigging and Contracting Corporation
after April 13, 1959. However, for the reasons set forth below, we re-
affirm that portion of our Decision and Order which found that Re-
spondents had violated Section 8(a) (1) and (3) and Section 8(b)
(1) (A) and (2) of the Act, since the record establishes that the hiring
arrangement was unlawful because of their discriminatory practices.
In January 1959, Respondent Central Rigging and Contracting
Corporation, referred to herein as Central, began the installation of
mechanical equipment and piping at a plant of the Bestwall Gypsum
Company located in Brunswick, Georgia. Early in February, Staple-
ton, Central's general superintendent for the Westwall project, asked
representatives of the unions whose crafts were required on the
project to attend a prework conference at his office so as to ascertain
their respective jurisdictions. Stapleton stated at the hearing held
herein that he also wished to straighten out a conflict that existed be-
tween Respondent Boilermakers Lodge 554, Brunswick, and Boiler-
makers Lodge 26, Savannah, concerning which of these unions was to
recommend boilermakers for the project. Cowart, business agent for
Lodge 26, had previously told Stapleton that Lodge 26, rather than
Lodge 554, had the jurisdiction to make such recommendations.
Cowart's claim was based on a directive from the International presi-
dent of the Boilermakers which had directed that Lodge 554 be
merged with Lodge 26 effective December 1, 1958. However, not-
withstanding this directive, Lodge 554 had continued as a separate
local after the December deadline for the merger.
In the course of the conference in February between Stapleton and
the unions, which was attended by both Cowart and Curry, business
Local 357, International Brotherhood of Teamsters , Chauf7evrs , Warehousemen and
Helpers of America ( Los Angeles-Seattle Motor Express ) v NL R 13 , 365 U S 667.
3 Local 60, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, et al.
(Mechanical Handling Systems ) v. N L R B, 365 U S 651
4Pursuant 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 , Leedom,
and Fanning].
CENTRAL RIGGING AND CONTRACTING CORPORATION 915
agent for Lodge 554, a deputy sheriff appeared at Stapleton's office
to serve a local court order on Cowart restraining him from imple-
menting the International's directive to merge the two locals and also
ordering Cowart not to operate in the Brunswick area. Cowart there-
upon left the conference. After this incident, Stapleton asked Curry
if he could recommend boilermakers, but Curry replied that he could
not.
In spite of Lodge 554's attempts to maintain its separate existence,
several members of Lodge 554, in accordance with instructions from
the International, had transferred their membership to Lodge 26. On
several occasions in January and February, five of these transferees to
Lodge 26, Bill Drury, Robert Quinnelly, Robert Beard, David Beard,
and Wesley Lasseter, applied for work as boilermakers directly at the
jobsite. George Eunice, who was not a member of either lodge, ap-
plied for similar work in March. When these men applied they were
told by either Stapleton or Williamson, a superintendent for mechani-
cal installation at the project, that work was not then available but
that Central would hire at the jobsite when it needed boilermakers.
On April 9, Drury, who was hired at the project as a boilermaker-
foreman, was told to report for work on Monday, April 13, and to
bring with him two boilermakers and a rigger. On April 10, however,
Stapleton called Drury to tell him that he would not be needed Mon-
day because Curry, the business agent for Lodge 554, had told him
that Drury and the other boilermakers who had transferred their
membership to Lodge 26 could not be hired at the project, and that
only boilermakers whom Curry sent to the project were to be used.
Drury refused Stapleton's offer of a day's wages and told Stapleton
that he would be at the project on Monday.
On Monday morning, April 13, Drury, David and Robert Beard,
and Lasseter appeared at the project. Drury, in the presence of the
other men, told Stapleton that he was ready to work. In the con-
versation that followed, Stapleton indicated, by pointing to Curry's
name on a slip of paper, that Curry was the only man who could get
them a job at the project. Stapleton, at this time, also repeated the
statement he had made to Drury the preceding Friday that boiler-
makers who had transferred from Lodge 554 to Lodge 26 would not
be hired. Later that day, when Eunice asked Stapleton if there was
going to be any hiring that morning, the latter replied that only the
men recommended by Curry would be hired.
Thereafter, David and Robert Beard, Quinnelly, Lasseter, and
Eunice filed charges against Central and Lodge 554. At the hearing,
Curry denied having any agreement with Central whereby only boiler-
makers referred by him were to be hired, but he also testified that he
641795-63-vol. 136-59
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operated a union hall for the members of the organization who paid
their dues and his salary. On and after April 13, the only boiler-
makers hired for the Bestwall project were those recommended by
Curry.
These circumstances, we believe, clearly establish that when Staple-
ton refused to hire Drury and the Charging Parties on April 13, he
was acting pursuant to an arrangement or understanding between
Respondent Central and Respondent Lodge 554, that conditioned the
employment of boilermakers at the Bestwall project on their member-
ship in Lodge 554, and that the Charging Parties were denied em-
ployment at the project because they were not members of that union.
Thus, on April 10, Stapleton, on Curry's instructions, told Drury that
boilermakers who had transferred from Lodge 554 to Lodge 26 would
not be hired, and on April 13, Stapleton again stated that boiler-
makers who had transferred to Lodge 26 would not be hired and that
only Curry could refer boilermakers to the Bestwall project. Fur-
thermore, in his testimony at the hearing, Curry admitted that his
union's hiring hall was run for the benefit of dues paying members of
his organization. In view of Curry's expressed intent to refer only
members of Lodge 554 and Stapleton's refusal to hire anyone who was
not referred by Curry, it would have been futile for the Charging
Parties to have sought job referrals from Curry. We find, therefore,
that Respondents were parties to a discriminatory hiring arrangement
and practice, and that by denying employment to the Charging Parties
because of their lack of membership in Lodge 554, the Respondents
discriminated against them, all in violation of Section 8 (a) (1) and
(2) and Section 8(b) (1) (A) and (2) of the Act.
The Remedy
As we have found that the Respondents have engaged in a hiring
arrangement which was operated in a discriminatory manner, we
shall order them to cease and desist from such practice and to make
whole David Beard, Robert Beard , George Eunice , Wesley Lasseter,
and Robert Quinnelly for any loss of earnings they may have suffered
because of the discrimination against them because of such practice
in the manner set forth in the section entitled "The Remedy" in the
Intermediate Report. However, we shall delete from our Order the
requirement that the Respondents refund all initiation fees and dues
of the boilermakers employed by Respondent Central at the Bestwall
project, as there is no evidence that any of these boilermakers were
coerced into becoming or remaining members of Lodge 554 because
of such hiring arrangement.
CENTRAL RIGGING AND CONTRACTING CORPORATION
ORDER
917
Upon the entire record in these cases, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that :
A. The Respondent Company, Central Rigging and Contracting
Corporation, its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Entering into, performing, or giving effect to any oral agree-
ment, arrangement, understanding, or practice with Lodge 554, Inter-
national Brotherhood of Boilermakers, Iron Ship Builders, Black-
smiths, Forgers and Helpers, AFL-CIO, which conditions the hiring
of applicants for employment upon membership in such labor
organization.
(b) Encouraging membership in Lodge 554, International Brother-
hood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers, AFL-CIO, by granting preference in hiring to its members
or by discriminating in any other manner in respect to the hire or
tenure of employment, or any term or condition of employment of
its employees or of applicants for employment.
(c) Discriminating against David Beard, Robert Beard, George
Eunice, Wesley Lasseter, and Robert Quinnelly, or any other applicant
for employment, by refusing to hire any of them because they are not
members of the above-named Union.
(d) Discriminating against Robert Quinnelly or any other em-
ployee or applicant for employment for the reason that he filed unfair
labor practice charges against it with the Board.
(e) In any like or related manner interfering with, restraining, or
coercing employees in the exercise of their rights guaranteed in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Jointly and severally with Boilermakers Lodge 554, make
whole David Beard, Robert Beard, George Eunice, Wesley Lasseter,
and Robert Quinnelly for any loss of earnings each may have suffered
because of the discrimination against him in the manner set forth
in the section entitled "The Remedy" in the Intermediate Report.
(b) Preserve and, upon request, make available to the Board or its
agents, for examination and copying, all payroll records, social se-
curity payments records, timecards, personnel records and reports,
and all other records necessary to analyze the amounts of backpay due
under the terms of this Order.
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Post at its offices and jobsites within the territorial jurisdiction
of Boilermakers Lodge 554, copies of the notice attached hereto marked
"Appendix A." 5 Copies of said notice, to be furnished by the Re-
gional Director for the Tenth Region, shall, after having been duly
signed by a representative of Respondent Central, be posted by it
immediately upon receipt thereof, and be maintained by it for 60
consecutive days thereafter, in conspicuous places, including all places
where notices to employees or job applicants are customarily posted.
Reasonable steps shall be taken by it to insure that said notices are not
altered, defaced, or covered by any other material.
(d) Post at the same place and under the same conditions as set
forth in (c) above, as soon as they are forwarded by the Regional
Director, copies of the Boilermakers Lodge 554 notice, herein marked
"Appendix B."
(e) Mail to the Regional Director for the Tenth Region, signed
copies of the notice attached hereto marked "Appendix A," for posting
by Boilermakers Lodge 554, at its offices, hiring halls and meeting
halls, and in places where notices to members and to other persons
using Boilermakers Lodge 554s hiring hall are customarily posted.
Copies of said notice, to be furnished by the Regional Director, shall,
after being signed by a representative of Respondent Central, be forth-
with returned to the Regional Director for such posting.
(f) Notify the Regional Director for the Tenth Region, in writing,
within 10 days from the date of this Order, what steps it has taken
to comply herewith.
B. Respondent Union, Lodge 554, International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers,
AFL-CIO, and its Agent C. K. Curry, its officers and representatives,
shall :
1. Cease and desist from :
(a) Entering into, performing, or giving effect to any oral agree-
ment, arrangement, understanding, or practice with Respondent Cen-
tral Rigging and Contracting Corporation which conditions the hiring
of applicants for employment with such employer upon membership
in the Respondent Union.
(b) Causing or attempting to cause Respondent Central Rigging
and Contracting Corporation to discriminate against David Beard,
Robert Beard, George Eunice, Wesley Lasseter, and Robert Quinnelly,
or any other employee or applicant for employment in violation of
Section 8 (a) (3) of the Act.
5In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order "
CENTRAL RIGGING AND CONTRACTING CORPORATION 919
(c) In any like or related manner restraining or coercing employees
or prospective employees of Respondent Central Rigging and Con-
tracting Corporation in the exercise of their rights guaranteed in
Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Jointly and severally with Respondent Central Rigging and
Contracting Corporation make whole David Beard, Robert Beard,
George Eunice, Wesley Lasseter, and Robert Quinnelly for any loss
of earnings they may have suffered because of the discrimination
against them in the manner set forth in the section entitled "The
Remedy" in the Intermediate Report.
(b) Preserve and, upon request, make available to the Board or its
agents, for examination and copying, all records, reports, and out-of-
work lists and other documents necessary to analyze the right to
employment and the amounts of moneys due under the terms of this
Order.
(c) Notify Central Rigging and Contracting Corporation and
David Beard, Robert Beard, George Eunice, Wesley Lasseter, and
Robert Quinnelly in writing that it has no objection to their
employment.
(d) Post in Boilermakers Lodge 554's business offices, hiring hall,
and meeting halls, copies of the notice attached hereto marked "Ap-
pendix B." 6 Copies of said notice, to be furnished by the Regional
Director for the Tenth Region, shall, after being duly signed by an
authorized representative of Boilermakers Lodge 554, be posted by the
said Respondent Union immediately upon receipt thereof, and be
maintained by it for a period of 60 consecutive days thereafter, in
conspicuous places, including all places where notices to members and
to other persons using Boilermakers Lodge 554's hiring hall are cus-
tomarily posted. Reasonable steps shall be taken by the Respondent
Union to insure that the said notices are not altered, defaced, or cov-
ered by any other material.
(e) Post at the same place and under the same conditions as set
forth in (d) above, as soon as they are forwarded by the Regional
Director, copies of the Respondent Central's notice herein marked
"Appendix A."
(f) Mail to the Regional Director for the Tenth Region, signed
copies of the notice attached hereto marked "Appendix B" for posting
by Respondent Central Rigging and Contracting Corporation, at its
offices and jobsites within the territorial jurisdiction of Boilermakers
6 See footnote 5, supra.
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lodge 554, including all places where notices to employees or job
applicants are customarily posted. Copies of said notices, to be fur-
nished by the Regional Director, shall, after being duly signed by a
representative of Respondent Union, be forthwith returned to the
Regional Director for such posting.
(g) Notify the Regional Director for the Tenth Region, in writing,
within 10 days from the date of this Order, what steps it has taken
to comply herewith.
APPENDIX A
NOTICE TO ALL EMPLOYEES AND APPLICANTS FOR EMPLOYMENT
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that:
WE WILL NOT enter into, perform, or otherwise give effect to
any oral agreement, arrangement, understanding, or practice with
Lodge 554, International Brotherhood of Boilermakers, Iron
Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO,
which conditions the hire of applicants for employment upon
membership in said labor organization.
WE WILL NOT encourage membership in Lodge 554, Interna-
tional Brotherhood of Boilermakers, Iron Ship Builders, Black-
smiths, Forgers and Helpers, AFL-CIO, by granting preference
in hiring to its members or by discriminating in any other manner
in respect to the hire or tenure of employment, or any term or
condition of employment of our employees or of applicants for
employment.
WE WILL NOT discriminate against David Beard, Robert Beard,
George Eunice, Wesley Lasseter, and Robert Quinnelly or any
other applicant for employment because they are not members of
the above-named Union.
WE WILL NOT in any like or related manner interfere with, re-
strain, or coerce employees in the exercise of their rights guaran-
teed in Section 7 of the Act.
WE WILL NOT discriminate against Robert Quinnelly or any
other applicant for employment by refusing to hire him because
he has filed unfair labor practice charges against us with the
National Labor Relations Board.
WE WILL make whole David Beard, Robert Beard, George
Eunice, Wesley Lasseter, and Robert Quinnelly for any loss of
pay suffered by them as a result of the discrimination against
CENTRAL RIGGING AND CONTRACTING CORPORATION 921
them and offer them employment in the manner set forth in the
section of the Intermediate Report entitled "The Remedy."
CENTRAL RIGGING AND CONTRACTING
CORPORATION,
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.
Employees may communicate directly with the Board's Regional
Office, 528 Peachtree-Seventh Building, 50 Seventh Street, N.E.,
Atlanta 23, Georgia, Telephone Number, Trinity 6-3311, if they have
any question concerning this notice or compliance with its provisions.
APPENDIX B
NOTICE TO ALL MEMBERS OF LODGE 554, INTERNATIONAL BROTHERHOOD
OF BOILERMAKERS , IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND
HELPERS, AFL-CIO
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our members that :
WE WILL NOT enter into, perform, or otherwise give effect to
any oral agreement, arrangement, understanding, or practice
with Central Rigging and Contracting Corporation which con-
ditions the hiring of applicants for employment with such em-
ployer upon membership in our organization.
WE WILL NOT cause or attempt to cause Central Rigging and
Contracting Corporation, to discriminate against David Beard,
Robert Beard, George Eunice, Wesley Lasseter, and Robert
Quinnelly or any other employee or applicant for employment,
in violation of Section 8(a) (3) of the Act.
WE WILL NOT in any like or related manner restrain or coerce
employees or prospective employees in the exercise of their rights
guaranteed in Section 7 of the Act.
WE WILL make whole David Beard, Robert Beard, George
Eunice, Wesley Lasseter, and Robert Quinnelly, for any loss of
pay suffered as a result of the discrimination against them in the
manner set forth in the section of the Intermedate Report entitled
"The Remedy."
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL notify, in writing, Central Rigging and Contracting
Corporation that we have no objection to the hiring or employ-
ment of David Beard, Robert Beard, George Eunice, Wesley
Lasseter, and Robert Quinnelly.
WE WILL notify, in writing, David Beard, Robert Beard,
George Eunice, Wesley Lasseter, and Robert Quinnelly that we
have withdrawn our objection to the hiring of them by Central
Rigging and Contracting Corporation.
LODGE 554, INTERNATIONAL BROTHERHOOD
OF BOILERMAKERS , IRON SHIP BIIILDERS,
BLACKSMITHS , FORGERS AND HELPERS,
AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(C. K. CURRY, Business Agent)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office, 528 Peachtree-Seventh Building, 50 Seventh Street, N.E.,
Atlanta 23, Georgia, Telephone Number, Trinity 6-3311, if they have
any question concerning this notice or compliance with its provisions.
Fred H. Johnson, trustee under the will of Clay M . Thomas,
deceased , doing business as Atlas Linen and Industrial Sup-
ply and Mollie S. Taylor, Mary J. Wagner, Inex L. Bostic,
Juanita Donaldson , Grace Karnes , Phillip E . McBee, Floyd
Hall, Minta Justice , Otis Kinney, David W. Hall, Dicie P.
Newell , Victoria Branham , Mary B. Galbreath , Della M.
Gleason, Beulah Kuli , Marie H. Holbrook, Albert T . Rucker,
Betty E. Hall , Harold James Corner, and Francis C. Burnard.
Cases Nos. 9-CA-1995, 9-CA-1926, 9-CA-1928, 9-CA-1929, 9-CA-
1930, 9-CA-1931, 9-CA-19392, 9-CA-1935, 9-CA-1937, 9-CA-1938,
9-CA-1939,9-CA-1941,9-CA-1944,9-CA-1946,9-CA-1952,9-CA-
19531 9-CA-1955, 9-CA-1956, 9-CA-19792, and 9-CA-1975. April
9, 1969
SUPPLEMENTAL DECISION AND ORDER
On December 13, 1961, the Board issued a Proposed Supplemental
Decision and Order in the above-entitled proceeding,' proposing cer-
tain modifications of the Decision and Order issued herein on Febru-
1134 NLRB 1230.
136 NLRB No. 80.