Loc. 30, United Slate, Tile and Composition Roofers, 1444 (1977)

Extract

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Loc. 30, United Slate, Tile and Composition Roofers, 1444 (1977)

Local 30, United Slate, Tile and Composition Roofers,

Damp and Waterproof Workers Association, AFLCIO and Associated Builders and Contractors, Inc.

United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, AFL-CIO and Associated Builders and Contractors, Inc.

United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, AFL-CIO, and Local 30, United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, AFL-CIO and Associated Builders and Contractors, Inc. Cases 4-CB-2127, 4-CB-2281, and 4-CB-2392

January 24, 1977 DECISION AND ORDER

BY CHAIRMAN MURPHY AND MEMBERS

FANNING AND JENKINS

On June 28, 1976, Administrative Law Judge Paul E. Weil issued the attached Decision in this proceeding. Thereafter, Respondent Local 30 filed exceptions and a supporting brief; the Charging Party filed cross-examinations, a supporting brief, and an answering brief; the General Counsel filed cross-exceptions, a supporting brief, and an answering brief; and Respondent International Union filed an answering brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions, crossexceptions, and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.

The Administrative Law Judge ordered Respondent Local 30, inter aka, to make whole certain named employers for any repairs or replacements of equipment or supplies or rehabilitation of buildings necessitated by the unlawful acts of Respondent Local 30's agents. We find merit in Respondent Local 30's exceptions to this part of the Administrative Law Judge's recommended Order.

This Board has long held that employees legally damaged by the tortious conduct of unions might be better served by pursuing those private remedies traditionally used for the recovery of such damages.' We are persuaded that the same policy considerations obtain where employers are legally damaged by the tortious conduct of unions. In both instances, private 227 NLRB No. 229 remedies traditionally used for the recovery of such damages would bring employees and employers before tribunals which have more experience and are better equipped than this Board to measure the impact of tortious conduct, including violence, and to make the victims whole. Accordingly, we shall delete the make-whole provisions from the Administrative Law Judge's recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Adm...

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