Extract
Local 3, IBEW, 357 (1979)
IOC(XAL 3. IBEW Local 3, International Brotherhood of Electrical Workers, AFL-CIO and New York Electrical Contractors Association, Inc.; Empire Electrical Contractors Association, Inc.; and Association of the Electrical Contractors, Inc. Cases 29 CC 604 and 29-CC-605
August 20, 1979 DECISION AND ORDEROn September 29, 1978, Admininstrative Law Judge Julius Cohn issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the Charging Parties filed cross-exceptions and a brief supporting the Administrative Law Judge's Decision.The Board has considered the record and the attached Decision in light of the exceptions 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 found, and we agree, that Respondent violated Section 8(b)(4)(i) and (ii)(B) of the Act by inducing and encouraging its members, employees of Eastern Electrical Contractors, Inc. (hereafter Eastern), to engage in a strike and refusal to work or perform services, and by threatening, coercing, and restraining Eastern and Facilities Development Corporation (hereafter FDC) with an object of forcing Eastern to cease doing business with FDC.2The Administrative Law Judge further found that Respondent violated Section 8(b)(4)(i) and (ii)(A) by forcing or requiring FDC to enter into an agreement violative of Section 8(e) of the Act. In making this finding, he relied upon the Board's decision in Lufthansa German Airlines,3 which holds that the Board is empowered under Section 8(e) of the Act to determine the lawfulness of an agreement between a statutory labor organization and a 'person' under Section 2(1). Respondent contends that Section 8(e) is not applicable to employers such as FDC-a facility of the IThe Administrative Law Judge inadvertently found that an object of Respondent's stnke was to cause the Facilities Development Corporation to cease doing business with Eastern Electrical Contractors. Inc. (seenext to last sentence of the paragraph of his Decision preceding the section entited 'The Alleged Violation of Section 8(b)4Xi) and (iiXA) of the Act') As he correctly stated in other sections of his Decision, the object of Respondent's strike was to cause Eastern to cease doing business with FDC.2In agreeing with t...See the full content of this document
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