International Longshoremen's Association, Local 1180, AFL-CIO (Lake Charles Stevedores, Inc.)

National Labor Relations Board - Board Decisions

Mar 10, 1983

266 N.L.R.B. 484 (N.L.R.B. 1983)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Longshoremen's Association, Local
1180, AFL-CIO (Lake Charles Stevedores, Inc.)
and Lawrence E. Williams. Case 15-CB-2619
March 10, 1983
DECISION AND ORDER
BY MEMBERS JENKINS, ZIMMERMAN, AND
HUNTER
On November 12, 1982, Administrative Law
Judge Frank H. Itkin issued the attached Decision
in this proceeding. Thereafter, the General Counsel
filed limited exceptions and a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the record and the at-
tached Decision in light of the exceptions and brief
and has decided to affirm the rulings, findings, and
conclusions of the Administrative Law Judge and
to adopt his recommended Order, as modified
herein.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board adopts as its Order the recommended
Order of the Administrative Law Judge, as modi-
fied below, and hereby orders that the Respondent,
International Longshoremen's Association, Local
1180, AFL-CIO, its officers, agents, and repre-
sentatives, shall take the action set forth in the said
recommended Order, as modified:
1. Substitute the following for paragraph l(d):
"(d) Refusing to grant referral from its hiring
hall facilities to Williams or any other member, em-
ployee, or applicant for employment on an equal
and nondiscriminatory basis by refusing to refer
members, employees, or applicants for employment
because they have failed to pay a 'death assess-
ment,' or in any other manner causing or attempt-
ing to cause employers to discriminate against
members, employees, or applicants in violation of
Section 8(a)(3) of the Act."
2. Substitute the attached notice for that of the
Administrative Law Judge.
APPENDIX
NOTICE To MEMBERS, EMPLOYEES, AND
APPLICANTS FOR EMPLOYMENT USING OUR
HIRING HALL FACILITIES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT threaten to refuse to refer in-
dividuals for employment until they pay a
"death assessment."
WE WILL NOT place handwritten notes on
the foreman's table directing that a "death as-
sessment" must be paid as a condition of
hiring.
WE WILL NOT cause Lake Charles Steve-
dores, Inc., or any other employer, to termi-
nate the employment of Lawrence E. Wil-
liams, or any other employee, because he has
not paid a "death assessment."
WE WILL NOT refuse to grant referrals from
our hiring hall facilities to employee Williams,
or any other member, employee, or applicant
for employment, on an equal and nondiscri-
minatory basis, by refusing to refer members,
employees, or applicants for employment be-
cause they have failed to pay a "death assess-
ment" and WE WILL NOT in any other manner
cause or attempt to cause employers to dis-
criminate against members, employees, or ap-
plicants for employment in violation of Section
8(a)(3) of the Act.
WE WILL NOT in any other manner restrain
or coerce employees in the exercise of the
rights guaranteed them in Section 7 of the
Act.
WE WILL make whole employee Williams
for any loss of earnings he may have sustained
by reason of the discrimination against him,
with interest.
WE WILL notify, in writing, said Employer
and employee that our hiring hall facilities and
job opportunities will be available to Williams
on an equal and nondiscriminatory basis, with
other members, employees, and applicants.
INTERNATIONAL LONGSHOREMEN'S
ASSOCIATION, LOCAL 1180, AFL-
CIO
DECISION
FRANK H. ITKIN, Administrative Law Judge: An
unfair labor practice charge was filed in the above case
on July 22; an amended charge was filed on August 24;
and a complaint issued on August 24, 1982. A hearing
was held in Lake Charles, Louisiana, on October 13,
266 NLRB No. 77
484
LONGSHOREMEN'S LOCAL 1180
1982. At the hearing, counsel for Respondent admitted
the allegations of the complaint, stipulated to the perti-
nent facts, and acknowledged that his client had violated
Section 8(b)(1)(A) and (2) of the National Labor Rela-
tions Act, as alleged. The only issue raised is the scope
of the order to remedy the unfair labor practice conduct
involved. Accordingly, upon the entire record before
me, I make the following:
FINDINGS OF FACT
Lake Charles Stevedores, Inc., is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act. Respondent Union is a labor organization
within the meaning of Section 2(5) of the Act. On or
about'July 12, 1982, Respondent Union, at its hiring hall,
by its president and agent Louis Thomas, threatened to
refuse to refer individuals for employment until they paid
a "death assessment." Thomas, during July 1982, placed
a handwritten note on the foreman's table directing that
the "death assessment" must be paid as a condition of
hiring. During July 1982, Respondent Union, by its busi-
ness agent Emmett Joiner, threatened to refuse to refer
individuals for employment until they paid a "death as-
sessment." And, on or about July 12 or 13, 1982, Re-
spondent Union caused Lake Charles Stevedores, Inc., to
terminate the employment of Charging Party Lawrence
E. Williams because he had not paid the "death assess-
ment" as required.
CONCLUSIONS OF LAW
1. Lake Charles Stevedores, Inc., is an employer en-
gaged in commerce as alleged.
2. Respondent Union is a labor organization as alleged.
3. Respondent Union has violated Section 8(b)(1)(A)
and (2) of the Act by threatening to refuse to refer indi-
viduals for employment until they paid the "death assess-
ment"; by placing a handwritten note on the foreman's
table directing that the "death assessment" must be paid
as a condition of hiring; and by causing Lake Charles
Stevedores, Inc., to terminate the employment of Law-
rence E. Williams because he had not paid the "death as-
sessment" as required by Respondent.
4. The unfair labor practices found above affect com-
merce as alleged.
REMEDY
The General Counsel, citing Hickmott Foods, Inc., 242
NLRB 1357 (1979), argues that Respondent Union is in
effect a "repeat offender" and therefore should be sub-
jected to a broad remedial order.' The General Counsel,
in support of this contention, relies upon, in part, three
prior Board proceedings with Respondent Union involv-
ing essentially similar alleged violations which resulted in
informal settlements. However, the General Counsel ac-
knowledges that these informal settlements contain the
I In Hickmorr, the Board concluded that the "record is devoid of any
facts which require a broad remedy .. . . the union engaged in (a) single
violation of Sec. 8(bX2) in securing the discriminatory discharge ....
The Board noted, however, "repeat offenders and egregious violators of
the Act would be subject to the traditional Board remedy for conduct
which requires broad injunctive relief .... "
usual nonadmission clauses and, consequently, as the
Board has held, "a settlement agreement containing a
non-admission clause would not be used to show a pro-
clivity to violate the Act" to support a broad remedial
order. See Tri-State Building and Construction Trades
Council, AFL-CIO (Structures, Inc.), 257 NLRB 295
(1981), and cases cited. The General Counsel further
relies on International Longshoremen's Association, Local
1180, AFL-CIO (Lake Charles Stevedores), 263 NLRB
954 (1982). In that case, the Board found that the union
violated Section 8(b)(1)(A) and (2) by refusing to refer
an employee member to work because of his failure to
pay a fine levied against him.2
It is clear that Respondent Union has continued to vio-
late Section 8(b)(l)(A) and (2) of the Act. Respondent
Union has not only caused the unlawful discharge of an
employee member here because he refused to pay a
"death assessment," it has also repeatedly threatened its
membership that they will not be referred for employ-
ment unless they pay such an assessment, in clear viola-
tion of the Act. This repeated, unlawful conduct all has
occurred within a relatively short period of time.
In sum, I find and conclude here that the General
Counsel has sufficiently demonstrated that Respondent is
a repeat offender and has a proclivity to violate the per-
tinent sections of the Act. Accordingly, a broad remedial
order will be recommended. Respondent Union will
therefore be directed to, inter alia, cease and desist from
engaging in the conduct found unlawful herein or in any
other manner restraining or coercing employees in the
exercise of their Section 7 rights; to make whole employ-
ee Williams for any loss of earnings he may have suf-
fered as a result of the unlawful discrimination against
him;3 with interest, computed and determined as pre-
scribed in F. W. Woolworth Company, 90 NLRB 289
(1950), and Florida Steel Corporation, 231 NLRB 651
(1977);4 to post at its Lake Charles facility the notice at-
tached; to mail copies of said notices to Lake Charles
Stevedores, Inc., for posting if it is willing to do so; to
notify, in writing, said Employer and employee Williams
that the Union's hiring hall facilities and job opportuni-
ties will be available to Williams on an equal and nondis-
criminatory basis; and to maintain and, upon request,
make available to the Board or its agents for examination
and copying job registration and referral records and any
other documents or records of such referrals and assign-
ments which are necessary to show compliance with this
Decision and Order.
ORDER 5
The Respondent, International Longshoremen's Asso-
ciation, Local 1180, AFL-CIO, Lake Charles, Louisiana,
its officers, agents, and representatives, shall:
2 The Board refused to enter a broad order there based on the two
informal settlements cited.
I It was stipulated that Williams' loss of earnings as a result of Re-
spondent's unlawful conduct totals S188.80.
4 See, generally, Isis Plumbing & Heating Co., 138 NLRB 716 (1962).
5 In the event no exceptions are filed as provided by Sec. 102.46 of the
Rules and Regulations of the National Labor Relations Board, the find-
ings, conclusions, and recommended Order herein shall, as provided in
Continued
485
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from:
(a) Threatening to refuse to refer individuals for em-
ployment until they have paid a "death assessment."
(b) Placing handwritten notes on the foreman's table
directing that a "death assessment" must be paid as a
condition of hiring.
(c) Causing Lake Charles Stevedores, Inc., or any
other employer, to terminate the employment of employ-
ee Lawrence E. Williams, or any other employee, be-
cause he or they have or have not paid a "death assess-
ment."
(d) Refusing to grant referrals from its hiring hall facil-
ities to Williams, or any other member, employee, or ap-
plicant, on an equal and nondiscriminatory basis, by re-
fusing to refer members, employees, or applicants for
employment because they have failed to pay a "death as-
sessment," and from otherwise causing or attempting to
cause employers to discriminate against members, em-
ployees, or applicants, in violation of Section 8(a)(3) of
the Act.
(e) In any other manner restraining or coercing em-
ployees in the exercise of the rights guaranteed them by
Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the purposes of the Act:
(a) Make whole employee Williams for any loss of
earnings which he may have sustained by reason of the
discrimination against him, with interest, in the manner
set forth in this Decision.
(b) Notify, in writing, said Employer and Williams
that the Union's hiring hall facilities and job opportuni-
Sec. 102.48 of the Rules and Regulations, be adopted by the Board and
become its findings, conclusions, and Order, and all objections thereto
shall be deemed waived for all purposes.
ties will be available to Williams on an equal and nondis-
criminatory basis, with other members, employees, and
applicants.
(c) Maintain and, upon request, make available to the
Board or its agents, for examination and copying, job
registration and referral records and any other docu-
ments or records of such referrals or assignments, as pro-
vided in this Decision.
(d) Post at its business offices, hiring hall, and meeting
places in Lake Charles, Louisiana, copies of the attached
notice marked "Appendix." 6 Copies of said notice, on
forms provided by the Regional Director for Region 15,
after being duly signed by Respondent's authorized rep-
resentative, shall be posted by Respondent immediately
upon receipt thereof, and be maintained by it for 60 con-
secutive days thereafter, in conspicuous places, including
all places where notices to members are customarily
posted. Reasonable steps shall be taken by Respondent to
ensure that said notices are not altered, defaced, or cov-
ered by any other material.
(e) Additional copies of the attached notice marked
"Appendix" shall be signed by an authorized representa-
tive of Respondent and forthwith returned to the Re-
gional Director for posting by Lake Charles Stevedores,
Inc., at its place of business in Lake Charles, where no-
tices to employees are customarily posted, if it is willing
to do so.
(f) Notify the Regional Director for Region 15, in
writing, within 20 days from the date of this Order, what
steps have been taken to comply herewith.
s 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."
486