Lane-Coos-Curry-Douglas Counties Bldg. & Const., 547 (1965)

LANE-COOS-CURRY-DOUGLAS COUNTIES BLDG. & CONST. 547 APPENDIX

NOTICE TO ALL EMPLOYEES

As recommended by a Trial Examiner of the National Labor Relations Board, we are posting this notice to inform our employees of the rights guaranteed them in the National Labor Relations Act:

WE WILL offer Frank Keller, Robert Strange, John Gilmore, Albert Myers, and Charles Keller their former jobs, and pay them for wages they lost since their discharges in April 1964.

All our employees have the right to join or assist Local 169, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, or any other union. WE WILL NOT question them as to whether they are members of or support a union, or discharge them for doing so, or interfere with them in any way because of their union activity.

POLY PRINTERS, INC., and H.F.L. PLASTICS, INC.,

Employer.

Dated- ------------------ By------------------------------------------(Representative ) (Title) NOTE.-We will notify the above-named employees if presently serving in the Armed Forces of the United States of their right to full reinstatement upon application in accordance with the Selective Service Act and the Universal Military Training and Service Act of 1948, as amended, after discharge from the Armed Forces.

This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.

Employees may communicate directly with the Board's Regional Office, 1700

Bankers Securities Building, Walnut and Juniper Streets, Philadelphia, Pennsylvania,

Telephone No. 735-2612, if they have any questions concerning this notice or compliance with its provisions.

Lane-Coos-Curry-Douglas Counties Building & Construction Trades Council, AFL-CIO and Carpenters Local Union No.

1273, United Brotherhood of Carpenters & Joiners of America,

AFL-CIO, and Construction & General Laborers Local No. 85,

International Hod Carriers, Building & Common Laborers' Union of America, AFL-CIO and Plumbers & Steamfitters Local No. 481, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry of the U.S. & Canada, AFL-CIO and Ramsey-Waite Co., Inc. Cases Nos. 36CC-111, 36-CC-112, and 36-CC-113. March 10, 1965 DECISION AND ORDER

On November 30, 1964, Trial Examiner Wallace E. Royster issued his Decision in the above -entitled proceeding, finding that the Respondents had engaged in certain unfair labor practices, and recommending that they cease and desist therefrom and take certain affirmative actions, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respondents filed exceptions to the Trial Examiner's Decision and a supporting brief, and the Charging Party filed a brief in support of the Trial Examiner 's Decision.

151 NLRB No. 63.

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 threemember panel [Members Fanning, Brown, and Jenkins].

The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the Board hereby adopts as its Order the Order recommended by the Trial Examiner and orders that Respondents, LaneCoos-Curry-Douglas Counties Building & Construction Trades Council, AFL-CIO; Carpenters Local Union No. 1273, United Brotherhood of Carpenters & Joiners of America, AFL-CIO; Construction & General Laborers Local No. 85, International Hod Carriers, Building & Common Laborers' Union of America, AFL-CIO;

and Plumbers & Steamfitters Local No. 481, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry of the U.S. & Canada, AFL-CIO, their officers, agents, and representatives, shall take the action set forth in the Trial Examiner's Recommended Order.

TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE

Counsel have stipulated the content of the record 1 in this matter and have submitted it for decision . At issue is whether the labor organizations named above or any of them have committed unfair labor practices within the meaning of Section 8(b)(4)(i ) and (ii )(B) of the National Labor Relations Act, as amended , herein called the Act.

Upon the entire record 2 in the case, and in consideration of the briefs filed, I make the following:

FINDINGS OF FACT

  1. THE ENTITIES INVOLVED ; THEIR STATUS AND RELATIONSHIP Lane-Coos-Curry-Douglas Counties Building & Construction Trades Council, AFLCIO, herein called the Council ; Carpenters Local Union No. 1273, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, herein called the Carpenters;

    Construction & General Laborers Local No. 85, International Hod Carriers, Building & Common Laborers' Union of America, AFL-CIO, herein called the Laborers;

    and Plumbers & Steamfitters Local No. 481 , United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry of the U S. & Canada, AFLCIO, herein called the Plumbers, are labor organizations within the meaning of Section 2 ( 5) of the Act. Carpenters, Laborers, and Plumbers are members of the Council.

    Ramsey-Waite Co., Inc., herein called Ramsey , is an Oregon corporation with its office and principal place of business in Eugene , Oregon. Taylor Ramsey is its presi' Consisting of charges and amended charges, affidavits of service , complaint , orders, motions, and a transcript of testimony in a civil action in U S. District Court. I note and correct the misnumbering of what is paragraph XIII of the complaint 2 References to the testimony of witnesses are to testimony adduced in the U S District Court, District of Oregon, in connection with a petition for injunctive relief filed under Section 10 ( 1) of the Act.

    LANE-COOS-CURRY-DOUGLAS COUNTIES BLDG. & CONST. 549 dent. In connection with its business of installing irrigation and sprinkling systems,

    Ramsey, in the past year, has purchased goods and materials valued at more than $100,000 which came to Ramsey directly or indirectly from points outside the State of Oregon. I find that Ramsey is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act.

    The United States National Bank, herein called the Bank, is engaged in Portland and Eugene, Oregon, and at other points within the State of Oregon in a commercial banking business and sends checks for collection to banks outside the State of Oregon amounting to more than $100,000 annually. I find that the Bank is engaged in commerce within the meaning of Section 2(6) and (7) of the Act.

    Gale M. Roberts Co., herein called Roberts, is a general contractor in Eugene,

    Oregon, engaged in the building and construction industry, an industry affecting commerce within the meaning of Section 2(7) of the Act.

    Stimson Plumbing & Heating Co., herein called Stimson, has its place of business in Eugene, Oregon, and is a plumbing subcontractor engaged in the building and construction industry, an industry affecting commerce within the meaning of Section 2(7) of the Act.

    The plumbers employed by Stimson are members of or are represented by Plumbers for purposes of collective bargaining.

    Employees of Roberts are members of or are represented by Carpenters or Laborers or other building trades locals affiliated with the Council.

    The employees of Ramsey are not represented by any labor organization. At all times material a labor dispute has existed between Ramsey and the Plumbers and Council.

    In August 1963 Ramsey and Roberts were engaged, each by direct contract with the Bank, in the performance of construction of a building for the Bank in Eugene.

    Stimson, under a subcontract from Roberts, had employees on the job performing plumbing or steamfitting work.

    In January 1964 Roberts was the general contractor constructing a city hall for the city of Eugene, and Ramsey, under a subcontract from Roberts, had employees at that construction site working in the installation of a sprinkling system.

    1. THE UNFAIR LABOR PRACTICES About August 20, 1963, pursuant to its contract with the Bank, Ramsey sent employees to work at the Bank building. Stimson, under his contract with Roberts, also had an employee working there, Raymond Quick. Quick, along with other Stimson employees, is represented by the Plumbers. About 10 o'clock that morning,

      Mark Carmickle, the Plumbers' business manager, came to the jobsite and asked Quick if Ramsey employees were working on the job. Quick said that they were and indicated their location. Carmickle left but returned a short time later to tell Quick that a meeting was to be arranged that noon at which Roberts, Ramsey, and some labor union representatives were to be present. Quick testified that Ramsey did not mention the purpose of the meeting but Quick asserted that he knew why it was to be held. After the lunch period another Stimson employee, Warner Dallas, reported for work at the Bank job. At 1:30 both Quick and Dallas left work. Quick testified that he left because of a conscientious scruple against working 'with people who were doing the same kind of work ... and receiving less wages and conditions.' Quick's testimony concerning Carmickle's words and conduct is uncontroverted and is credited.

      That afternoon, according to the undenied and credited testimony of Arthur Pullen, an employee of the Bank, he received a telephone call from Carmickle in which the latter said that he was 'pulling the men off the job-or had just pulled the men off the job' because employees of Ramsey were working there. Pullen, having no authority to act in the matter, passed this information on to another representative of the Bank, Stuart Kidd. The next morning Carmickle telephoned Pullen again saying that the 'non-union personnel,' Ramsey's employees, were not yet...

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