IBEW, Local 6, 573 (1981)

IBEW, LOCAL 6

International Brotherhood of Electrical Workers,

Local 6, AFL-CIO and Chronicle Broadcasting Company, KRON-TV and The San Franscisco Electrical Contractors' Association, Inc., Party to the Contract. Case 20-CE-178

August 4, 1981 DECISION AND ORDER

Upon a charge filed by Chronicle Broadcasting,

KRON-TV (KRON or Charging Party) on February 25, 1980, and duly served on Respondent International Brotherhood of Electrical Workers, Local 6, AFL-CIO,' the General Counsel of the National Labor Relations Board, acting through the Regional Director for Region 20, on March 12, 1980, issued and served on Respondent a complaint and notice of hearing, alleging that Respondent had violated Section 8(e) of the Act. The Respondent filed an answer, and, on June 3, 4, and 5, 1980, Respondent, KRON, S.F.E.C.A., and the General Counsel filed with the Board a motion to transfer the proceedingsto the Board and a stipulation of facts. The parties stipulated to the contents of the record, and agreed that no oral testimony was necessary or desired.

They further stipulated that they waived a hearing before an administrative law judge, the makings of findings of fact and conclusions of law by an administrative law judge, and the issuance of an administrative law judge's decision, and desire to submit this case for findings of fact, conclusions of law, and an order directly to the Board. By order dated July 28, 1980, the Board granted the motion, approved the stipulation of facts, and transferred the proceedings to the Board. Thereafter, briefs were filed by the General Counsel, the Charging Party, Respondent, and S.F.E.C.A.

The Board has considered the entire record stipulated to by the parties and the briefs filed by the parties, and hereby makes the following findings and conclusions.

  1. THE BUSINESS OF THE EMPLOYERS S.F.E.C.A., a corporation, represents its employer members (who are engaged in the electrical contracting business in the building and construction industry) in labor relations matters, including negotiating, entering into, and administering a collective-bargaining contract with Respondent.

    'The Charging Party filed its original charge on February 25, 1980, and an amended charge on February 27, 1980. Both charges were against Respondent, The San Francisco Electrical Contractors' Association. Inc.

    (S.F.E.C.A), and Weber Electric Company (Weber Electric). The underlying complaint only issued against Respondent because S.F.E.C.A. and Weber Electric entered into a settlement agreement with KRON which was approved by the Regional Director for Region 20 on April 9. 1980.

    257 NLRB No. 82

    Weber Electric has been an employer member of S.F.E.C.A., and a corporation, with an office and place of business in San Francisco, California, and has been engaged as an electrical contractor in the building and construction industry.

    During the calendar year 1979, Weber Electric, in the course and conduct of its operations, provided services valued in excess of $150,000 within the State of California for Herrero Brothers, Inc., pursuant to a subcontract agreement between the parties.

    Herrero Brothers, Inc., a corporation, with an office and place of business in San Francisco, California, has been engaged as a general contractor in the building and construction industry. During the calendar year 1979, Herrero Brothers, Inc., in the course and conduct of its operations, purchased and received at its San Francisco, California, facility products, goods, and materials valued in excess of $50,000 directly from points outside the State of California.

    The parties therefore stipulated, and we find that Herrero Brothers, Inc., Weber Electric, and S.F.E.C.A. have been employers engaged in commerce and in operations affecting commerce within the meaning of Section 2(6) and (7) and Section 8(e) of the Act.

  2. THE LABOR ORGANIZATIONS INVOLVED The parties stipulated and we find that Respondent Union is, and at all times material herein has been, a labor organization within the meaning of Section 2(5) of the Act.

  3. THE ALLEGED UNFAIR LABOR PRACTICES A. The Stipulated Facts On February 4, 1980,2 KRON, because of a contract dispute, was struck by three unions: because of a contract dispute: America Federation of Television and Radio Artists, International Brotherhood of Electrical Workers Local 202, and Office and Professional Employees Local 3. At the time the strike commenced, KRON-TV had...

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