Industrial Union of Marine, Etc. Locals 5 & 90, 412 (1961)

DECISION AND ORDER

On August 23, 1960, Trial Examiner Louis Libbin issued his Intermediate Report in the above-entitled consolidated proceeding, finding that the Respondents had engaged in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respondent Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO, filed exceptions to the Intermediate Report and a supporting brief.

The other Respondents filed neither exceptions nor briefs herein.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Fanning and Kimball].

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 Intermediate Report, the exceptions and brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

ORDER

Upon the entire record in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondents, Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO and its Locals No. 5 and 90, and American Federation of Technical Engineers, AFL-CIO and its Local No. 151, their officers, representatives, agents, successors, and assigns, shall:

1. Cease and desist from restraining and coercing the employees of Bethlehem Steel Company at its Quincy, Massachusetts, yard, in 130 NLRB No. 39.

   INDUSTRIAL UNION OF MARINE, ETC., LOCALS 5 & 90 413 the exercise of their rights under Section 7 of the Act, by barring ingress or egress to employees, supervisors, or managerial personnel through mass obstructive picketing, physical force, assaults, threats of violence, and the imposition of restrictions and limitations, or by like or related conduct.

2. Take the following affirmative action which the Board finds will effectuate the policies of the Act :

   (

   1. Post in their business offices, copies of the notice attached hereto marked 'Appendix.' I Copies of said notice, to be furnished by the Regional Director for the First Region, shall, after being duly signed by a responsible official of each Respondent, be posted by the Respondents immediately upon receipt thereof, and be maintained by them for a period of 60 consecutive days thereafter, in conspicuous places, including all places where notices to members are customarily posted.

   Reasonable steps shall be taken by the Respondents to insure that said notices are not altered, defaced, or covered by any other material.

   (b) Furnish to the Regional Director for the First Region signed copies of the notice, for posting, the Company willing, for a period of 60 days, on its bulletin boards in the yard or buildings in Quincy,

   Massachusetts, where notices to its Quincy employees are customarily posted.

   (c) Notify the Regional Director for the First Region, in writing, within 10 days from the date of this Order, what steps the Respondents have taken to comply herewith.

   1 In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words 'Pursuant to a Decision and Order' the words 'Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order.' APPENDIX

   NOTICE TO ALL MEMBERS OF INDUSTRIAL TJNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, AFL-CIO AND ITS LOCALS No. 5

   AND 90, AMERICAN FEDERATION OF TECHNICAL ENGINEERS, AFL-CIO AND ITS LOCAL No. 151, AND TO ALL EMPLOYEES OF BETHLEHEM STEEL COMPANY AT ITS QUINCY, MASSACHUSETTS, YARD Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby give notice that :

   WE WILL NOT restrain or coerce the employees of Bethlehem Steel Company at its Quincy, Massachusetts, yard, in the exercise of their rights under Section 7 of the Act, by barring ingress or egress to employees, supervisors, or managerial personnel through mass obstructive picketing, physical force, assaults, and threats of violence, and the imposition of restrictions and limitations, or by like or related conduct.

   INDUSTRIAL UNION OF MARINE AND SHIPBUILDING

   WORKERS OF AMERICA , AFL-CIO,

   Labor Organization.

   Dated-- -------------- By------------------------------------(Title of Officer) LOCAL No. 5,

   Labor Organization.

   Dated---------------- By------------=-----------------------(Title of Officer) LocAL No. 90,

   Labor Organization.

   Dated---------------- By------------------------------------(Title of Officer) AMERICAN FEDERATION OF TECHNICAL

   ENGINEERS , AFL-CIO,

   Labor Organization.

   Dated--- ------------- By------------------------------------(Title of Officer) LOCAL No. 151,

   Labor Organization.

   Dated---------------- By------------------------------------(Title of Officer) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material.

   INTERMEDIATE REPORT AND RECOMMENDED ORDER

   STATEMENT OF THE CASE

   Upon charges filed by Bethlehem Steel Company , herein called Bethlehem or the Charging Party or .the Company, the General Counsel of the National Labor Relations Board, by the Regional Director for the First Region (Boston, Massachusetts), issued his consolidated complaint , dated March 25, 1960, against Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO and its Locals Nos. 5 and 90, and upon American Federation of Technical Engineers, AFL-CIO and its Local No. 151, herein respectively called IUMSWA, Local 5 and Local 90, AFTE, and Local 151, and collectively called the Respondents . With respect to the unfair labor practices, the complaint alleges, in substance, that : ( 1) Respondents picketed and caused to be picketed the gates and entrances to Bethlehem 's Quincy yard so as to bar egress and ingress to supervisors and employees; (2) Local 5 and Local 151 assaulted an employee ; and (3 ) by the foregoing conduct Respondents restrained and coerced employees in the exercise of their statutory rights and thereby engaged in unfair labor practices within the meaning of Section 81(b)(1)(A ) and Section 2(6) and (7) of the National Labor Relations Act, 61 Stat. 136, herein called the Act.

   In their duly filed answers , each Respondent admits the commerce allegations of the complaint and its status as a labor organization but denies all unfair labor practice allegations.

   Pursuant to due notice, a hearing was held before Louis Libbin, the duly designated Trial Examiner, at various intervals during the period from May 12 to Jane 15, 1960, at Boston, Massachusetts. All parties were represented at the hearing and were afforded full opportunity to be heard , to examine and cross-examine INDUSTRIAL UNION OF MARINE, ETC., LOCALS 5 & 90 415 witnesses, to introduce relevant evidence, to present oral argument at the close of the hearing, and thereafter to file briefs as well as proposed findings of fact and conclusions of law. On August 2, 1960, the Charging Party filed a brief which I have fully considered.

   Upon the entire record I in the case, and from my observation of the witnesses, I make the following:

   FINDINGS OF FACT

1. THE BUSINESS OF THE CHARGING PARTY Bethlehem, a Delaware corporation, maintains a principal office and place of business in Quincy, Massachusetts, herein called the Quincy yard, where it is engaged in the construction and repair of ships and the manufacture of certain products.

   During the past year, Bethlehem has purchased materials for the building and repair of its ships, valued in excess of $1,000,000, which materials were shipped to it from points outside the Commovealth of Massachusetts.

   Upon the above-admitted facts, I find that Bethlehem is engaged in commerce within the meaning of the Act,

   H. THE RESPONDENTS t The complaint alleges, the Respondeeta- admit, tk - record shows, and I find that Industrial Union of Marine and Shipbul uI Workers of America, AFL-CIO, herein called IUMSWA; its L „als Nos. 5 and 90, herein called Local 5 and Local `90; American Federation of Technical ,Engineers AFL-CIO, herein called AFTE;

   and its Local No. 151, herein called i'.cal 151, ar ea h labor organizations within the meaning of Section 2(5) of the Act.

   3. THE UNFAIR LABOR PRACTICES A. Introduction As previously noted , there are five Respondents in this case : Local 5 ; Local 90;

   their International, IUMSWA; Local 151 ; and its International, AFTE. Bethlehem employed at its Quincy yard between 12,000 to 13 ,000 people. Until July 31, 1959, there were collective-bargaining agreements in effect between Bethlehem and IUMSWA, including Locals 5 and 90, covering Quincy yard employees . There was also a collective-bargaining agreement in effect until September. 30, 1959, between Local 151 of AFTE and Bethlehem , covering Quincy yard employees. Local 5 .represented about 6 ,500 production and maintenance hourly paid employees; Local 90 represented about 1 ,200 office clerical and technical salaried employees; and Local 151 represented about 832 draftsmen. As a result of failure to arrive at terms for new collective-bargaining agreements, the members of all three locals went out on strike in January 1960; Local 5 on January 23, Local 90 on January 24, and Local 151 on January 25. This strike was still in effect as of the time of the hearing in this proceeding.

   B. The issues The principal entrances and gates to Bethlehem 's Quincy yard are the Hill Avenuo gate, Howard Street gate, main gate, South Street gate , Washington Street gate, and the main office building entrance . The Company's administration building is located across the...