NLRB v. Plumbers & Pipe Fitters Local Union 214
| Decision Date | 26 January 1962 |
| Docket Number | No. 13493.,13493. |
| Citation | 298 F.2d 427 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PLUMBERS & PIPE FITTERS LOCAL UNION 214, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles, Attorney, National Labor Relations Bd., Washington, D. C., Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Washington, D. C., for petitioner.
Richard L. Cates, Madison, Wis., Lawton & Cates, Madison, Wis., for respondent.
Before DUFFY, CASTLE and SWYGERT, Circuit Judges.
This is a petition by the Labor Board for enforcement of its order issued on June 2, 1961 against Plumbers & Pipe Fitters Local Union 214, hereafter called the Union. The decision and order are reported at 131 N.L.R.B. No. 122.
D. L. Bradley is a plumbing and heating contractor and a journeyman pipefitter. He was a member of the Plumbers Union, and in 1958 transferred his membership to Local 214. As Bradley is, in effect, the D. L. Bradley Plumbing & Heating Company, hereinafter each will be referred to as "Bradley."
The Board found the Union violated Sec. 8(b) (2) and (1) (A) of the Act, 29 U.S.C.A. § 158(b) (2), (1) (A) by causing Bradley to discharge one H. Maynard Hall because he was not a member of the Union.
There is no dispute as to certain pertinent facts. In the latter part of April or early in May, 1959, Kraiss, the Union's business agent, told Bradley to "* * * Get rid of the man Hall * * * because he was a non-union member." Bradley was instructed to discharge Hall and Kraiss threatened not to furnish workers to Bradley unless Hall was discharged. About May 15, 1959, Bradley personally received a letter from the Union directing him to appear before the Union to answer a charge that he "was working at the trade with nonmembers."
On May 25, Bradley wrote Hall and told him that because of the trouble he was having with the Union, he would not be able to use him any longer. On June 23, Bradley personally appeared before the Union and he was given a suspended fine of $50 provided that "it would never happen again." Within a day or two thereafter, the Union began to refer workmen to Bradley. On November 23, Hall filed charges of unfair labor practices with the Board alleging that the Union had discriminatorily caused Bradley to discharge him because he was not a member of the Union.
The Union does not contest the Board's finding that it caused Hall's discharge. Such conduct is proscribed by Sec. 8(b) (2) and (1) (A) of the Act. N. L. R. B. v. Local 60, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, et al., 7 Cir., 273 F.2d 699, 701. However, the Union strongly urges the Board could not properly find it guilty of unfair labor practices because more than six months had elapsed between its demand that Hall be discharged and the filing of the charge by Hall which was the basis of the complaint.
Section 10(b) of the Act, 29 U.S.C.A. § 160(b), provides, in part: "* * * no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board * * *." The critical question before us is when the Union's unfair labor practices occurred.
Section 8(b) (2) of the Act makes it unlawful for a Union to "cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a) (3) * * *." It thus...
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...The running of the limitations period can begin only when the unfair labor practice occurs. Thus in NLRB v. Plumbers & Pipe Fitters Local Union 214, 298 F.2d 427, 428 (7th Cir.1962), the court held that the actual date of the discharge of the nonunion employee, not the date the union demand......
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...that the statutory limitations period begins to run" or may even run out "before the violation occurs." NLRB v. Plumbers & Pipe Fitters Local Union 214, 298 F.2d 427, 428 (7th Cir. 1962). We therefore hold that the six-month time period of § 10(b) began to run on August 18, 1972, the date o......
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