Sheet Metal Workers, Local 12, 1041 (1968)

SHEET METAL WORKERS , LOCAL 12 1041

Sheet Metal Workers' International Association, Local No. 12 , AFL-CIO and Custom Industrial Controls, Inc. and International Brotherhood of Electrical Workers, Local 1987, AFL-CIO.

Case 6-CD-242

December 2, 1968 DECISION AND DETERMINATION OF DISPUTE

By CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN

John Harrison Co.' is a Pennsylvania Corporation with its principal office in Pittsburgh, Pennsylvania.

This company is engaged in the business of metal fabrication and mechanical construction, and, during the preceding 12-month period, received goods valued in excess of $50,000 directly from points outside the Commonwealth of Pennsylvania. The parties stipulated, and we find, that the John Harrison Co. is 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 herein.

This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following the filing of charges by Custom Industrial Controls,

Inc.,' on March 5, 1968, alleging that Sheet Metal Workers' International Association, Local No. 12,

AFL-CIO,' had violated Section 8(b)(4)(D) of the Act by threatening, coercing, or restraining the ,Employer with an object of forcing or requiring the Employer to assign certain work to employees represented by Local No. 12, rather than to employees represented by International Brotherhood of Electrical Workers, Local 1987, AFL-CIO.' A hearing was held before Timothy P. O'Reilly, Hearing Officer, on August 6, 1968. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing upon the issues.

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

The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed. Briefs were filed by Local No. 12 and the Employer, which have been duly considered.

Upon the entire record in this case, the Board makes the following findings:

1. THE BUSINESS OF THE EMPLOYER Custom Industrial Controls, Inc., a Pennsylvania corporation, is engaged in the manufacture of electrical control panels at its place of business in Pittsburgh, Pennsylvania. It was incorporated in December 1967 and since that time has shipped goods valued in excess of $50,000 directly to points outside the Commonwealth of Pennsylvania. The parties stipulated, and we find, that Custom Industrial Controls, Inc., is 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 herein.

1 Herein called Employer or Custom.

2 Herein called Local No. 12 or Respondent.

  1. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated, and we find, that Respondent Local No. 12 and IBEW Local 1987 are labor organizations within the meaning of Section 2(5) of the Act.

  2. THE DISPUTE A. The Work in Dispute The work involved is the painting of electrical control panels and boxes by Custom employees. After receipt of the panels and boxes from various fabricating companies, various metal studs are welded to them and handles and locking mechanisms are attached. Thereafter, the panels and boxes are painted according to customer requirements and the components are installed.

  1. Facts as to the Dispute The stock of Harrison and Custom is wholly owned by Leonard Harrison, Sr. and Leonard Harrison, Jr.

    Leonard Harrison, Sr., owns two-thirds of the stock of Harrison and one-half of the stock of Custom, and Leonard Harrison, Jr., owns the remainder of the stock in each company. The Harrisons, Mrs. Leonard Harrison, Sr., and Donald Wilner are the board of directors for Harrison; the Harrisons and their wives constitute the board of directors for Custom. The Harrisons are officers of both Harrison and Custom;

    Wayne Bossart is Vice President for Production for Harrison and Frank Stitt is General Manager of Custom. Stitt reports to Leonard Harrison, Jr. relative to financial matters and determines labor relations policy at Custom while Bossart performs that function at Harrison. Leonard Harrison hired both Stitt and Bossart and exercises executive supervision over each of them.

    The two companies occupy separate buildings located on adjoining lots. Harrison, however, has leased a bay in the building occupied by Custom and performs some sheetmetal work at that location.

    3 Herein called Local 1987 or IBEW.

    4 Herein called Harrison.

    173 NLRB No. 158

    Payroll checks are prepared for employees of both companies by Harrison's office, although Custom pays a fee to Harrison for this service.

    Harrison fabricates sheetmetal boxes, panels, and duct work as a job, or custom, shop. The boxes and panels as they come from Harrison are furnished with only a prime coat of paint. Finish coats are not applied by Harrison, and where required by the customer such work has been contracted out. Custom purchases about 40 percent of its requirements from Harrison and these are built according to Custom's specifications. Custom's purchases are only 3 percent of Harrison's production. After receipt from Harrison,

    Custom welds additional metal studs, and installs locking mechanisms on them. Next, a coat of finish paint is applied, then the electrical components are installed and the item is ready for delivery to the customer.

    During December 1967 Respondent's representatives asked the Harrisons if they were acquiring another company; the Hamsons denied that they were. About 2 weeks later the Hamsons again denied that they had any plans for acquiring another company, but 3 days later they told Respondent's representatives that they now owned Custom.' At that time Local No. 12's Business Manager, Roger G.

    Ferla, advised the Harrisons that they should get electrical workers to perform the electrical work at the new company. At a meeting held a few days later the Respondent sought to determine whether the work being performed at Custom was covered by Respondent's collective-bargaining contract with Harrison. Respondent took the position that all sheetmetal fabrication of boxes, panels, and cabinets, including the finish painting of such boxes was work covered by its contract. The parties were unable to reach agreement and arranged to meet again at the office of Respondent's counsel at a later date to further discuss the matter.

    Another meeting was held on or about January 24, 1968. Present were Frank Stitt, Custom's General Manager, Harrison Jr., David Wilner, Custom's attorney, Roger G. Ferla, Local No. 12's Business Manager, and Ben Paul Jubelirer, Respondent's attorney. Ferla demanded that the finish painting in question be assigned to Local No. 12 members. Harrison Jr.

    refused. Ferla then threatened to call Local No. 12 members employed by Harrison out on strike.

    Apparently the dispute related only to who would do the finish painting. It was pointed out to Ferla that Harrison was not equipped to do finish painting and had never done such painting. Ferla contended that Local 12's contract covered the painting and suggested that an employee be hired by Harrison to do the work on Custom's premises, but that he should be represented by Local No. 12. Harrison, Jr. refused to assign the work to employees represented by Local No. 12. He maintained that there was not enough finish painting work to occupy an employee a full 40 hours a week, that an employee performing the work at Custom was assigned other electrical work when not painting, and that if an additional employee were hired under Local No. 12's contract, there would not be enough work for him at Harrison's to occupy him a full 40 hours a week. Besides, Harrison Jr. stated, it was essential that...

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