Int'l Brotherhood Electrical Workers, Local 861, 586 (1961)

DECISION AND ORDER

Upon charges and amended charges duly filed by Cleveland Construction Corp., herein called Cleveland, and Elco Electric, Inc., 134 NLRB No. 62.

INT'L BROTHERHOOD ELECTRICAL WORKERS, LOCAL 861 587 herein called Elco, the General Counsel of the National Labor Relations Board, by the Regional Director for the Fifteenth Region, issued an 'Order Consolidating Cases, Consolidated Complaint and Notice of Hearing,' and an amendment thereto, alleging that International Brotherhood of Electrical Workers, Local 861, AFL-CIO, herein called the Respondent, had engaged in and was engaging in certain unfair labor practices within the meaning of Section 8(b) (4) (i) and (ii) (B) of the National Labor Relations Act, as amended. Copies of the charges, the consolidated complaint, and notice of hearing were duly served upon the Respondent and the Charging Parties.

On April 28, 1961, all parties entered into a stipulation of facts, which provides in pertinent part that the parties waive their rights to a hearing before a Trial Examiner and the issuance of an Intermediate Report and Recommended Order; that the entire record in this proceeding shall consist of the aforementioned charges, consolidated complaint, notice of hearing, and the stipulation; and that the Board make findings of fact, conclusions of law, and issue a Decision and Order upon the stipulated record. On May 11, 1961, the Board issued an order approving the stipulation, transferred the cases to the Board, and granted the parties an opportunity to file briefs. A brief was filed by the General Counsel.' Upon the basis of the aforesaid stipulation, and the entire record herein, including the brief filed by the General Counsel, the Board .2 makes the following :

FINDINGS OF FACT

1. THE BUSINESS OF TIIE COMPANIES INVOLVED Cleveland Construction Corp., a Louisiana corporation, is engaged at Crowley, Louisiana, as a general contractor in the building and construction industry. It annually receives goods and materials from points outside the State of Louisiana valued in excess of $50,000.

   ' On July 12, 1961, the Respondent filed a motion in which it seeks to withdraw from the stipulation herein In the alternative, it requests that this proceeding be consolidated with Case No 15-CC-134 (not published in NLRB volumes), a case involving the same parties, then pending before a Trial Examiner. The General Counsel filed an opposition to the motion The Respondent' s motion is based on an alleged discrepancy between facts stipulated to in the stipulation and testimony given at the hearing in Case No 15-CC-134 with respect to a certain incident However, even if a discrepancy exists as alleged, it is an immaterial one. For the validity of the other facts in the stipulation has not been questioned and, as appears hereinafter, they clearly show the Respondent to have violated the Act. In view thereof, and as the Intermediate Report in Case No 15-CC-134 has issued, and its recommendations complied with, we hereby deny the Respondent's motion in its entirety 2Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with these cases to a three-member panel [ Members Leedom,

   Fanning and Brown) Elco Electric, Inc., a Louisiana corporation, is engaged in business at Rayne, Louisiana, as an electrical contractor in the building and construction industry. It annually receives goods and materials from points outside the State of Louisiana valued in excess of $50,000.

   We find that Cleveland and Elco are 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 in this proceeding.

2. THE LABOR ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local 861, AFLCIO, is a labor organization within the meaning of Section 2(5) of the Act.

3. THE UNFAIR LABOR- PRACTICES In December 1960, Cleveland signed an agreement with the Louisiana Bank and Trust Company for the construction of a bank building at Crowley, Louisiana. Cleveland subcontracted the electrical work for this project to Elco. Other subcontractors were also hired on the bank building job. At times material herein, the Respondent had a labor dispute with Elco, but not with Cleveland or any subcontractor on the bank building job other than Elco.

   Construction of .the bank building began in January 1961. Elco's employees worked on the job on February 17, 27, and 28 and on March 6 and 9, 1961. On the night of February 28, 1961, Patrick Derouen, Elco's...