Local Union No. 48, 157 (1957)

Docket Number:10-CD-00088
 
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LOCAL UNION NO. 48 157

Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO and Acousti Engineering of Alabama, Inc.

T. E. Reid, Agent of Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO and Acousti Engineering of Alabama, Inc. Cases Nos. 10-CD--88 and 10-CD-89. October 28, 1957

DECISION AND DETERMINATION OF DISPUTESTATEMENT OF THE CASE

This proceeding arises under Section 10 (k) of the Act, which provides that, 'Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph, (4) (D) of section 8 (b), the Board is empowered and directed to hear and determine the dispute out of which such unfair practice shall have arisen....' On July 15, 1957, Acousti Engineering of Alabama, Inc., herein called Acousti, filed with the Regional Director for the Tenth Region a charge alleging that Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, herein called either Local 48 or Respondent, had engaged in and was engaging in certain activities proscribed by Section 8 (b) (4) (D) of the Act. It was charged in substance that Local 48 had induced and encouraged employees of various employers to engage in a strike or a concerted refusal in the course of their employment to perform any services with an object of forcing Acousti to assign particular work to members of Local 48 rather than to its own employees. On July 23, 1957, Acousti filed similar charges against T. E. Reid, agent of Local 48, sometimes called herein Respondent.

Thereafter, pursuant to Section 10 (k) of the Act and Sections 102.71 and 102.72 of the Board's Rules and Regulations, the Regional Director investigated the charges and provided for an appropriate hearing upon due notice to all parties. The hearing was held before Herbert Silberman, hearing officer, on August 15 and 16, 1957.

Acousti, Local 48, and T. E. Reid appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing on the issues. The rulings of the hearing officer made at the hearing are free from prejudicial error and are hereby affirmed.' Acousti, Local 48, and T. E. Reid filed briefs with the Board.

'Respondents contend that the proceeding should be dismissed because a representative of the General Counsel improperly acted as a 'prosecutor' In this nonadversary proceeding by producing oral and documentary testimony to sustain the position of the Charging Party. The attorney for the General Counsel denied that he was appearing in the position 119 NLRB No. 29.

Upon the entire record in the case, the Board 2 makes the following:

FINDINGS OF FACT

  1. Acousti Engineering of Alabama, Inc., is a Delaware corporation having its principal offices in Birmingham, Alabama. It is engaged in the installation of roofing materials and acoustical ceilings. During the 12 months preceding the hearing, Acousti had total revenues exceeding $700,000, of which in excess of $100,000 was received for services performed for customers each of which annually ship goods or performs services outside the State of Alabama valued at more than $50,000.

    The parties agree, and we find, that Acousti is engaged in commerce within the meaning of the Act? 2. Local Union No. 48, Sheet Metal Workers' International Association, AFL-CIO, is a labor organization within the meaning of the Act.

  2. The dispute :

    Acousti has a permanent force of workmen who have received...

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