Corrugated Asbestos Contractors, Inc. v. NLRB, No. 71-2331.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtRIVES, COLEMAN and DYER, Circuit
Citation458 F.2d 683
PartiesCORRUGATED ASBESTOS CONTRACTORS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Decision Date14 April 1972
Docket NumberNo. 71-2331.

458 F.2d 683 (1972)

CORRUGATED ASBESTOS CONTRACTORS, INC., Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 71-2331.

United States Court of Appeals, Fifth Circuit.

April 14, 1972.


458 F.2d 684

Sidney W. Provensal, Jr., New Orleans, La., for petitioner.

Victor H. Hess, Jr., New Orleans, La., Donald W. Fisher, Toledo, Ohio, for intervenor, Sheet Metal Workers International Ass'n., etc.

Charles M. Paschal, Jr., Regional Director, NLRB, Region 15, New Orleans, La., Marcel Mallet-Prevost, Asst. Gen. Counsel, NLRB, Michael S. Winer, Atty., NLRB, Washington, D.C., for respondent.

Before RIVES, COLEMAN and DYER, Circuit Judges.

DYER, Circuit Judge:

Corrugated petitions for review of a Board order dismissing the company's unfair labor practice charges filed against Sheet Metal Local 11 under the Labor Management Relations Act.1 The heart of the company's charge is that the union, by refusing to renew its collective bargaining agreement with the company, and later disclaiming representation of the company's sheet metal employees, attempted to coerce the company in a jurisdictional dispute over the assignment of union craft work, in violation of Section 8(b) (4) (D) of the Act.2 We have concluded that the charges were properly dismissed and accordingly deny the petition for review.

The company is engaged in engineering, finishing, fabricating, and installing industrial sheeting accessories. During the period in dispute, the company had four employees who fabricated sheet metal components at the company's New Orleans plant. They were represented by Local 11 of the Sheet Metal Workers International Association, and their work was covered by a collective bargaining agreement between the company and the Local, with a May 31, 1969 expiration date. The company had other employees who installed sheet metal siding on buildings at job sites throughout

458 F.2d 685
the country. They were represented by the Iron Workers Union under another collective bargaining agreement

In late 1967 Corrugated was awarded a contract to install a certain type of corrugated metal siding on a building under construction in Kansas City, Missouri. As was its custom it awarded the installation work to employees represented by the Iron Workers Union. Because of the width of the corrugations in the siding to be installed, Local 11's sister union in Kansas City, Local 2, took the position that the installation of this siding fell within its jurisdiction and accordingly demanded that the company reassign the work. When Corrugated refused, Local 2 filed a grievance with the Kansas City Joint Adjustment Board for the Sheet Metal Industry (Kansas Board) which on January 10, 1968 upheld Local 2.

Corrugated promptly appealed this determination to the National Joint Adjustment Board for the Sheet Metal Industry (National Board) which on June 27, 1968 sustained the Kansas Board. The National Board ordered that in the future all work of the kind in dispute must be assigned to sheet metal workers and that noncompliance would result in automatic termination of Corrugated's contract with Local 11. Corrugated refused to comply. The National Board entered an order on December 13, 1968 declaring the collective bargaining agreement between the company and Local 11 canceled. On May 8, 1969, Local 11 notified Corrugated that in accordance with the directive and order of the National Board its contract would be cancelled as of its current expiration date, May 31, 1969, and would not be renewed unless and until the company complied with the directive of the National Board. The President of Local 11 further notified his members at Corrugated not to continue work following the expiration of the contract. The sheet metal workers complied until they were forced to return to the job by order of the United States District Court in September of 1969.

On May 29, 1969, Corrugated filed with the National Labor Relations Board a charge that Local 11 had violated Section 8(b) (3)3 of the Act by refusing to bargain with the company, and Section 8(b) (4) (D), by using its contract cancellation and refusal to bargain as a means of coercing Corrugated into assigning the work in dispute to the sheet metal workers represented by Local 2.

In accordance with Section 10(1) of the Act, the Board's Regional Director, having found reasonable cause to believe that Local 11 had violated the Act as charged, instituted proceedings in the United States District Court for the Eastern District of Louisiana seeking a temporary injunction against Local 11 engaging in the type of conduct prohibited by 8(b) (4) (D). On September 4, 1969, the District Court concluded that there was reasonable cause to believe that a violation of § 8(b) (4) (D) had occurred and issued an injunction pending disposition of the unfair labor practice charges by the Board. Paschal for and on behalf of N.L.R.B. v. Sheet Metal Workers International Association,...

To continue reading

Request your trial
11 practice notes
  • Brady v. Nat'l Football League, Civil No. 11–639 (SRN/JJG).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 25 Abril 2011
    ...force a union to continue, against its wishes, a relationship that is in its very nature predicated upon voluntariness and consent.” 458 F.2d 683, 687 (5th Cir.1972) (denying employer's petition for review of NLRB order dismissing company's unfair labor practice charges upon union's disclai......
  • Brady v. Nat'l Football League, Civil No. 11-639 (SRN/JJG)
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 25 Abril 2011
    ...force a union to continue, against its wishes, a relationship that is in its very nature predicated upon voluntariness and consent." 458 F.2d 683, 687 (5th Cir. 1972) (denying employer's petition for review of NLRB order dismissing company's unfair labor practice charges upon union's discla......
  • Arnaudo Bros., L.P. v. Agric. Labor Relations Bd., F072420
    • United States
    • California Court of Appeals
    • 7 Agosto 2017
    ...of a collective bargaining agreement, [citation]." ( Id . at p. 826 ; see Corrugated Asbestos Contractors, Inc. v. NLRB (5th Cir. 1972) 458 F.2d 683 [union's written disclaimer of representation of company's sheet metal workers was effective as it was made in good faith; dismissal of compan......
  • Powell v. National Football League, Civ. No. 4-87-917
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 23 Mayo 1991
    ...interest in representing the employees as long as it does so in good faith. See, e.g., Corrugated Asbestos Contractors, Inc. v. NLRB, 458 F.2d 683, 687 (5th Cir.1972) (finding disclaimer effective because of union's "continued and adamant insistence" and holding that a union cannot be force......
  • Request a trial to view additional results
11 cases
  • Brady v. Nat'l Football League, Civil No. 11–639 (SRN/JJG).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 25 Abril 2011
    ...force a union to continue, against its wishes, a relationship that is in its very nature predicated upon voluntariness and consent.” 458 F.2d 683, 687 (5th Cir.1972) (denying employer's petition for review of NLRB order dismissing company's unfair labor practice charges upon union's disclai......
  • Brady v. Nat'l Football League, Civil No. 11-639 (SRN/JJG)
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 25 Abril 2011
    ...force a union to continue, against its wishes, a relationship that is in its very nature predicated upon voluntariness and consent." 458 F.2d 683, 687 (5th Cir. 1972) (denying employer's petition for review of NLRB order dismissing company's unfair labor practice charges upon union's discla......
  • Arnaudo Bros., L.P. v. Agric. Labor Relations Bd., F072420
    • United States
    • California Court of Appeals
    • 7 Agosto 2017
    ...of a collective bargaining agreement, [citation]." ( Id . at p. 826 ; see Corrugated Asbestos Contractors, Inc. v. NLRB (5th Cir. 1972) 458 F.2d 683 [union's written disclaimer of representation of company's sheet metal workers was effective as it was made in good faith; dismissal of compan......
  • Powell v. National Football League, Civ. No. 4-87-917
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 23 Mayo 1991
    ...interest in representing the employees as long as it does so in good faith. See, e.g., Corrugated Asbestos Contractors, Inc. v. NLRB, 458 F.2d 683, 687 (5th Cir.1972) (finding disclaimer effective because of union's "continued and adamant insistence" and holding that a union cannot be force......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT