K Mart Corp., 50 (1993)

Extract

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K Mart Corp., 50 (1993)

K Mart Corporation and Los Angeles County and

Vicinity District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. Case 21-CA-284341

November 22, 1993

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH

On May 4, 1993, Administrative Law Judge Richard

J. Boyce issued the attached decision. The Respondent filed exceptions and a supporting brief. The General Counsel filed a reply brief, and the Respondent filed a brief in reply to the General Counsel's.

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions and to adopt the recommended Order.2

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, K Mart Corporation, Covina, California, its officers, agents, successors, and assigns, shall take the action set forth in the Order.

Peter Tovar, Esq., for the General Counsel.

Thomas R. Fredericks and Leroy D. Westmoreland, Esqs., of

Covina, California, for K Mart.

John T. De Carlo, Esq., for the District Council and Local

1506.

DECISION

STATEMENT OF THE CASE

RICHARD J. BOYCE, Administrative Law Judge. I heard this consolidated matter in Los Angeles, California, on July 21-23, 1992.

The complaint alleges that the Los Angeles County and Vicinity District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO (District Council) and Carpenters Local Union No. 1506, United Brotherhood of Carpenters and Joiners of America, AFL- CIO (Local 1506) violated Section 8(b)(4)(ii)(A) and (B) of the National Labor Relations Act (Act) on about October 26 and November 16, 1991; and that K Mart Corporation (K Mart) violated Section 8(a)(1) of the Act on December 18, 1991.1

FINDINGS OF FACT

I. JURISDICTION

K Mart has retail stores throughout the United States. The parties have stipulated and I find that it is an employer engaged in and affecting commerce within Section 2(2), (6), and (7) of the Act; and that it is an ''employer'' and a ''person'' for purposes of Section 8(b)(4)(A) and (B), respectively.

The parties also have stipulated and I find that Greg Construction (Greg) and Kuhler Corporation (Kuhler) are contractors in the construction industry, and that each is a ''person'' for purposes of Section 8(b)(4)(B).

II. LABOR ORGANIZATION

The parties have further stipulated and I find that the District Council and Local 1506 (jointly Unions) are labor organizations within Section 2(5) of the Act.

III. THE ALLEGED VIOLATIONS OF SECTION 8(B)(4)

A. Allegations

The complaint alleges that the Unions violated Section 8(b)(4)(ii)(A) and (B) on October 26, 1991, by engaging in coercive and threatening conduct at K Mart's Covina store, including the blocking of ingress and egress and the display of banners, in furtherance of their disputes with Greg and Kuhler.

The complaint further alleges that the Unions violated Section 8(b)(4)(...

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