N.L.R.B. v. R.O. Pyle Roofing Co.
| Decision Date | 15 September 1977 |
| Docket Number | No. 76-2274,76-2274 |
| Parties | 96 L.R.R.M. (BNA) 2680, 82 Lab.Cas. P 10,164 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. R. O. PYLE ROOFING CO., Robert Dixon d/b/a Custom Roofing, Deloris Terhaar and Marvin Terhaar d/b/a Inland Empire Roofers, Respondents. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Richard A. Cohen, N.L.R.B., Washington, D. C., argued for petitioner.
Stanley R. Schultz, Spokane, Wash., argued for respondents.
On Petition to Enforce an Order of the National Labor Relations board.
Before MERRILL and WRIGHT, Circuit Judges, and JAMESON, Senior District Judge. *
The Board petitions for enforcement of an order entered after a finding that Pyle Roofing Co. committed an unfair labor practice in refusing to adhere to a collective bargaining agreement negotiated on its behalf by a multi-employer association to which it had assigned its "bargaining rights." The Board held that the refusal constituted violations of § 8(a)(5) and (1) of the Act, 29 U.S.C. § 158(a)(5) and (1). 222 NLRB No. 119. We enforce the Board's order.
Pyle Roofing joined the Inland Empire Roofing Contractors Association, with offices in Spokane, Washington, in 1971. For nearly 20 years the association had represented roofing contractors in negotiations with the United Slate, Tile & Composition Roofers, Damp & Waterproof Workers' Association, Local 189, AFL-CIO. The practice had been that individual contractors assigned their bargaining rights to the association which then conducted negotiations and executed an agreement on their behalf.
Pyle Roofing repudiated the contract negotiated for 1974-77 and the union filed unfair labor practice charges. The Board adopted the findings and conclusions of the Administrative Law Judge and entered a cease and desist order. Pyle resists enforcement on the grounds (1) that the association's negotiators had no authority to bind him to a collective bargaining agreement absent his ratification and (2) that the charges were not filed within the six-month limitation period prescribed by § 10(b) of the Act, 29 U.S.C. § 160(b).
Roy Pyle, President of Pyle Roofing, created apparent authority, if not real authority, to bind Pyle Roofing to a collective bargaining agreement by making a broad assignment of rights to the association in a context which for nearly 20 years had seen the association negotiate and execute an agreement on behalf of its individual members. He thus "grant(ed) . . . permission to the agent to perform acts and conduct negotiations under circumstances which create(d) in (the association) a reputation of authority in the area in which the agent act(ed) and negotiate(d)." NLRB v. Donkin's Inn, Inc., 532 F.2d 138, 141 (9th Cir. 1976), cert. denied, 429 U.S. 895, 97 S.Ct. 257, 50 L.Ed.2d 179 (1976), quoting Hawaiian Paradise Park Corp. v. Friendly Broadcast Co., 414 F.2d 750, 756 (9th Cir. 1969).
Matters of agency are generally treated as factual issues. Donkin's Inn, supra. There is substantial evidence to support the Board's finding that Pyle created apparent, if not real, authority in the association to bind him to the agreement.
Although Pyle attempted to withdraw from multiemployer bargaining, he never communicated that intent to the union. Moreover, his attempt to withdraw was untimely because it did not come until after negotiations on the new contract had begun. NLRB v. Associated Shower Door Co., 512 F.2d 230 (9th Cir.), cert. denied 423 U.S. 893, 96 S.Ct. 191, 46 L.Ed.2d 125 (1975). We decline to interfere with the Board's finding that the association had authority to bind Pyle to a collective bargaining agreement and did so. We further hold that the Board correctly found an unfair labor practice when Pyle refused to adhere to the agreement negotiated on his behalf. NLRB v. Goodsell & Vocke, Inc., 559 F.2d 1141 (9th Cir. 1977), NLRB v....
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