Extract
Local Union No. 180, Carpenters, 94 (1970)
Local Union No. 180, United Brotherhood of Carpenters and Joiners of America, AFL-CIO and B & K Drywall Systems, Inc. Cases 20-CB-1766 and 20-CC-752
February 11, 1970 DECISION AND ORDERBY CHAIRMAN MCCULLOCH AND MEMBERSFANNING AND JENKINSOn November 13, 1968, Trial Examiner George L. Powell issued his Decision in the above-entitled proceeding, finding that Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, Respondent filed exceptions to the Decision and a supporting brief, and the General Counsel filed a brief in answer to Respondent's exceptions and 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 powers in connection with this case to a three-member panel.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in this proceeding, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, except as modified herein.The Walters Project We agree with the Trial Examiner's finding that union agent Leshe's threats to Walters (the neutral general contractor) to get rough and withdraw carpenters, and picket the job if Walters were to use B & K violated Section 8(b)(4)(ii)(B) of the Act.The Recknagel Project We agree with the Trial Examiner's finding that threats made by Leshe to Recknagel (the neutral general contractor) and Recknagel's superintendent Cullum on October 23 and November 7, 1967, that he (Leshe) would stop the job if B & K, Inc., did not leave violated Section 8(b)(4)(ii)(B) of the Act.Contrary to the Trial Examiner, however, we find that Leshe's threats that Griffith would be fined for working with nonunion men and that Kilthau (the owner and president of B & K, Inc.) would be taken to the Joint Drywall Board and fined if he worked Ford, Wicks, and Rice, did not violate Section 8(b)(4)(ii)(B) of the Act because, as the General Counsel himself points out, the threats were not made in the presence of Recknagel, his employees, or agents, but were made only to Kilthau and Griffith and as such were primary activity not violative of Section 8(b)(4)(ii)(B) of the Act.We agree that Respondent violated Section 8(b)(1)(A) of the Act when McGrogan, the Respondent's financial secretary, refused to give dispatch slips to Griffith and Woods on October 18, 1967 until he was convin...See the full content of this document
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