Sheet Metal Workers Local 465, 1245 (1972)

Sheet Metal Workers Local Union No. 465 and Thorpe Insulation Company and Asbestos Workers Local Union No. 113. Cases 23-CD-286

September 8, 1972 DECISION AND ORDER QUASHING

NOTICE OF HEARING

By CHAIRMAN MILLER AND MEMBERS JENKINS AND KENNEDY

This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following charges filed by Thorpe Insulation Company, herein called the Employer or Thorpe, alleging that Sheet Metal Workers Local Union No. 465, herein called Respondent or Sheet Metal Workers, has violated Section 8(b)(4)(D) of the Act. A hearing was held before Hearing Officer Willard I. Boss on May 4, 1972. The Employer, Respondent, and Asbestos Workers Local Union No. 113, herein called Asbestos Workers, 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.

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

The rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed.

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

1. THE BUSINESS OF THE COMPANY Thorpe Insulation Company is a Texas corporation with offices and place of business in Corpus Christi,

Texas, where it is engaged in the insulation contracting business. During the past 12 months, Thorpe Insulation Company purchased goods and materials directly from points outside the State of Texas of a value in excess of $50,000. We find that Thorpe Insulation Company is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein.

H. THE LABOR ORGANIZATION INVOLVED The parties stipulated, and we find, that the Respondent and Asbestos Workers are labor organizations within the meaning of Section 2(5) of the Act.

I Aluminum lagging is a metal jacket placed around insulation materials used on piping and vessels in the power plant.

3. THE DISPUTE 1245

A. Background and Facts of the Dispute Thorpe Insulation Company is the insulation subcontractor on the Nueces Bay Power Station project for Central Power & Light Company in Corpus Christi, Texas. Thorpe has a collectivebargaining agreement with Asbestos Workers Local 113 and all of its employees engaged in insulation work are members of that union.

Prior to March 15, 1972, Thorpe's vice president and manager, W. D. Leonard, had several conversations with the business agent of Sheet Metal Workers regarding the installation of .020 aluminum lagging 1 by members of Sheet Metal Workers. Leonard told him that the work was assigned to his own employees and refused to change the work assignments.

Leonard also refused to...