Dist. Lodge 123, Machinists, 977 (1967)

DIST. LODGE 123, MACHINISTS 977

District Lodge No. 123, International Association of Machinists and Aerospace Workers, AFL-CIO' and Local No. 16, United Brotherhood of Carpenters and Joiners of America, AFL-CIO and Pacific Crane & Rigging Company. Case 38-CD-13

October 24, 1967 was engaged in construction work in Illinois,

Florida, Arizona, and Texas, for which it made outof-State purchases of goods, materials, and supplies valued in excess of $50,000.

We find that Pacific Crane is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein.

DECISION AND DETERMINATION OF

DISPUTE

BY CHAIRMAN MCCULLOCH AND MEMBERS

FANNING AND BROWN

This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended , following charges filed by Pacific Crane & Rigging Company, herein called Pacific Crane or the Employer, against District Lodge No. 123, International Association of Machinists and Aerospace Workers,

AFL-CIO, herein called the Respondent. The charge alleged that the Respondent threatened Pacific Crane and others with the establishment of a picket line for the purpose of coercing , forcing, and or requiring the Employer to assign a portion of certain work to members of the Respondent rather than to members of Local No. 16, United Brotherhood of Carpenters and Joiners of America,

AFL-CIO , herein called the Local Carpenters Union. Pursuant to notice, a hearing was held on July 6 and 31 and August 1, 1967, before William G. Stack, Hearing Officer. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, to adduce evidence , and to orally argue their respective contentions and positions.2

Pursuant to the provisions of Section 3(b) of the Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel.

The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed.

Upon the entire record in the case , the Board makes the following findings:

  1. THE BUSINESS OF THE EMPLOYER Pacific Crane, a wholly owned subsidiary of Paramount Pacific, Inc., with its principal office and place of business located in Paramount,

    California, is a corporation engaged in the installation and erection of machinery for various concerns located throughout the United States. During the 12-month period prior to the hearing, Pacific Crane As corrected at the heanng.

    s The Officer-in-Charge of Subregion 38 designated this case as one involving the national defense pursuant to Sec. 102.90 of the Rules and Regulations of the National Labor Relations Board, thus eliminating the filing of briefs except upon application expeditiously made to the Board in II. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated, and we find, that the Respondent and Local Carpenters Union are labor organizations within the meaning of Section 2(5) of the Act.

  2. THE DISPUTE A. The Work in Issue The work in dispute is the erection and installation of a steam turbine and generator at the V. Y.

    Dallman Power Station, Springfield, Illinois.

    1. The Basic Facts Pacific Crane was awarded a contract to erect and install a new steam turbine and generator for the city of Springfield, Illinois , at its new V. Y.

      Dallman Power Station. This station is adjacent to the city owned Lakeside Power Plant, which consists of seven operating turbine generators. Employees of the Lakeside Power Plant , as well as construction employees , ordinarily use the same gate to enter the premises. The maintenance employees of the Lakeside Power Plant are currently represented by Respondent. On or about August 14, 1966, prior to the award of the installation contract for the Dallman Power Station, Respondent advised the city of Springfield , that a composite crew of machinists and millwrights should be assigned the erection and installation work, pursuant to an agreement between the International Association of Machinists and the United Brotherhood of Carpenters and Joiners of America. Under this agreement, turbine installation and erection work was to be performed by a composite crew of equal numbers of machinists and millwrights under the collective-bargaining agreements or working rules of the millwrights. Thereafter, when Pacific Crane obtained the installation contract from Springfield, it became aware of Respondent 's request. Later in September 1966, prior to the start of construction, the shared assignment agreement expired.

      When work began in May 1967, Pacific Crane asWashington, D C., after the close of the hearing. Contrary to the parties' stipulation at the hearing, the record fully supports the national defense designation. Moreover, after the close of the heanng, the parties did not make application to the Board requesting leave to file briefs.

      167 NLRB No. 136 signed the work in dispute to millwrights who were represented by the Local Carpenters Union and covered by a collective-bargaining contract in effect between Pacific Crane and the Carpenters International Union. Accordingly, a crew composed solely of nine millwrights and a millwright foreman commenced the work in dispute. On or about May 24, 1967, representatives of the Respondent met with Pacific Crane's construction superintendent, Van Winkle, and told him that if a composite crew was not used on the disputed work a picket line would be established outside the gate and that this would mean 'no power for the city of Springfield.' About the same time a similar threat was made by Respondent representatives to the Lakeside Power Plant superintendent, Wilcoxon. Pacific Crane filed the charge on June 5, 1967. However, at all times material herein, the Respondent has adhered to its promise made at the hearing not to picket, strike, or cause a work stoppage pending the Board's final determination of dispute.

    2. Contentions of the Parties The...

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