354 F.2d 594 (7th Cir. 1965), 14904, National Woodwork Mfrs. Ass'n v. N. L. R. B.
|Docket Nº:||14904, 14988, 15064.|
|Citation:||354 F.2d 594|
|Party Name:||NATIONAL WOODWORK MANUFACTURERS ASS'N et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. METROPOLITAN DISTRICT COUNCIL OF PHILADELPHIA AND VICINITY OF the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Respondent. METROPOLITAN DISTRICT COUNCIL OF PHILADELPHIA AND VIC|
|Case Date:||November 17, 1965|
|Court:||United States Courts of Appeals, Court of Appeals for the Seventh Circuit|
Rehearings Denied Jan. 24, 1966.
Marcel Mallet-Prevost, Asst. Gen. Counsel, George B. Driesen, Atty., N.L.R.B., Washington, D.C., for N.L.R.B.
M. H. Goldstein, Philadelphia, Pa., for Metropolitan Dist. Council etc.
Charles B. Mahin, Chicago, Ill., for National Woodwork Manufacturers Ass'n.
Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit judges.
SCHNACKENBERG, Circuit Judge.
Petitioner, National Woodwork Manufacturers Association, on behalf of its members, Hardwood Products Corporation, a Wisconsin corporation, and Mohawk Flush Doors, Inc., an Indiana corporation, herein called 'NWMA', 'Hardwood', and 'Mohawk', respectively, asks us in No. 14904 to review and modify an order of the National Labor Relations Board, herein called the 'Board', issued on November 12, 1964, dismissing, in part, a complaint against Metropolitan District Council of Philadelphia and Vicinity of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, et al., herein called the 'Council' or the 'Union'.
In No. 14988, NWMA and Charles B. Mahin, an individual, made charges upon which the Board issued a complaint on August 27, 1963, and its amended complaint on October 4, 1963, alleging that respondent unions had engaged and were engaging in unfair labor practices in violation of section 8(b)(4)(A), section 8(b)(4)(B), and section 8(e) of the Labor Management Relations Act of 1947, as amended, herein called the 'Act', 29 U.S.C.A. § 158. In No. 14988, the Board seeks enforcement of its order entered against the Council and its affiliated local unions.
In No. 15064, the Council, Robert L. Gray and Charles L. Boyer, by their petition, seek an order setting aside the order of the Board to the extent that it finds against them and imposes sanctions on them.
Following a hearing before an examiner and the filing of his decision, the Board issued the aforesaid order of November 12, 1964, which dismissed all charges of violations except those with respect to the Union's conduct on three construction jobs described as (1) the Coatesville Hospital job, at which L.F. Driscoll Company was general contractor; (2) the North Junior High School job, at which John J. McDonnell, Inc., was general contractor; and (3) the St. Aloysius Academy job, at which Nason & Cullen, Inc., was general contractor; as to each of which the Board found violations of section 8(b)(4)(B) but granted what NWMA considers only partial and inadequate relief.
Twenty-seven local carpenter unions in Philadelphia and in four other counties in Pennsylvania are affiliated with the Metropolitan District Council of Philadelphia and Vicinity. These locals are 'serviced' by 11 business agents who work directly under Gray, the Council's secretary-treasurer and business manager. These business agents police the jobs and see that contracts are adhered to.
The Council engages in collective bargaining with individual employers and with the General Building Contractors' Association, Inc., (GBCA) which bargains on behalf of its employer members who build schools, hospitals, factories, and other structures in the Philadelphia area. The contracts in effect during the relevant period contain a provision similar to rule 17 of the Union's bylaws, which reads as follows:
Rule 17. No employee shall work on any job on which cabinet work, fixtures, millwork, sash, doors, trim or other detailed millwork is used unless the same is Union-made and bears the Union Label of the United Brotherhood of Carpenters and Joiners of America. 1 No member of this District Council will handle material coming from a mill where cutting out and fitting has been done for butts, locks, letter plates, or hardware of any description, nor any
doors or transoms which have been fitted prior to being furnished on job, including base, chair, rail, picture moulding, which has been previously fitted. This section to exempt partition work furnished in sections. (Emphasis added.)
It is petitioner's contention in No. 14904 that the Union engaged in an unlawful product boycott of prefabricated doors in the Philadelphia area and enforced an illegal hot-cargo contract prohibiting the use of such prefabricated doors 2 throughout said area.
Prefabricated doors are doors which are machined, processed and finished in various ways...
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