NLRB v. Local 1291, International Longshoremen's Ass'n
| Decision Date | 27 October 1966 |
| Docket Number | No. 15835.,15835. |
| Citation | 368 F.2d 107 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, and Pocahontas Steamship Company, Intervenor, v. LOCAL 1291, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Respondent. |
| Court | U.S. Court of Appeals — Third Circuit |
Warren M. Davison, N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Herman Levy, Karen Willner, Attys., N. L. R. B., on the brief), for petitioner.
Charles L. Bucy, Washington, D. C., (Gall, Lane & Powell, Washington, D. C., on the brief), for intervenor.
Martin J. Vigderman, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Borowsky & Lorry, Philadelphia, Pa., on the brief), for respondent.
Before HASTIE, SMITH and SEITZ, Circuit Judges.
The cease and desist order which we are asked to enforce in this unfair labor practice proceeding is based upon a finding by the National Labor Relations Board that the respondent, Local 1291, International Longshoremen's Association, has used coercive means in violation of section 8(b) (4) of the National Labor Relations Act, as amended, 29 U.S.C. § 158(b) (4), to compel ship operators, Pocahontas Steamship Co. and Marine Transport Lines, Inc., or the contractors employed by them to load their vessels, to assign the work of opening and closing hatches before and after loading cargoes of coal at the port of Philadelphia to longshoremen represented by the respondent union rather than to seamen, members of the ships' crews. The seamen involved are represented by National Maritime Union (hereinafter designated "NMU") and customarily Pocahontas and Marine Transport have assigned the tasks in question to them.
At an appropriate stage of this controversy the Board conducted a hearing under section 10(k) of the Act and determined that the seamen, rather than the longshoremen, were entitled to this work. However, the respondent refused to be bound by that determination and this unfair labor practice proceeding was carried to final decision against the respondent. We are asked to enforce that decision.
The central question now is whether this was a proper case for a section 10(k) determination. Section 10 (k) authorizes the Board "to hear and determine the dispute out of which * * an alleged section 8(b) (4) (D) unfair labor practice shall have arisen * *." Section 8(b) (4) (D) deals with coercive conduct by a labor organization for the purpose of "forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another * * *." Thus, on its face, section 10(k) contemplates and is limited to situations in which conflicting claims of two labor organizations with reference to particular work are imposing undue hardship upon the employer. Absent such conflicting union claims there can be no section 10 (k) "dispute" for the Board to determine. Local 1905, Carpet Linoleum and Soft Tile Layers, 1963, 143 NLRB 251; Sheet Metal Workers International Assn., Local 272, 1962, 136 NLRB 1402. The respondent's principal contention is that NMU does not take a position in this case that conflicts with the longshoremen's insistence that they be assigned the hatch and beam work.
While the details of the dispute involving Pocahontas ships are somewhat different from those of the Marine Transport controversy, we find no differences that are decisive. Accordingly, we shall state the facts of the Pocahontas dispute only.
The record shows that at all relevant times labor contracts were in force between the shipowner and NMU under which it was agreed that specified salaries would be paid to the unlicensed seamen assigned to the deck department of Pocahontas crews and that in consideration thereof these seamen would be responsible for various tasks including "hatch and beam" work as required.1 This work involved the removal and subsequent replacement of hatch covers and was accomplished on the ships in question by electrically powered machinery. There was uncontradicted evidence that a single man, operating electrical controls, could remove the hatch covers or replace them in less than thirty minutes.
For many years it has been the custom and practice at the port of Philadelphia that stevedoring companies, employed by shipowners to load and unload ships, utilize the services of longshoremen, members of the respondent union, for the opening and closing of cargo hatches. Customarily, a specialized gang of six men and a foreman is assigned to a ship for this service. The Philadelphia Marine Trade Association, the bargaining organization for the Philadelphia...
To continue reading
Request your trial
-
Bechtel Corp. v. LOCAL 215, LABORERS'INT. U. OF NA
...NLRB, 5 Cir. 1966, 368 F.2d 755. See NLRB v. St. Louis Printing Pressmen Union No. 6, 8 Cir. 1967, 385 F.2d 956; NLRB v. Local 1291, Longshoremen, 3 Cir. 1966, 368 F. 2d 107, cert. denied 1967, 386 U.S. 1033, 87 S.Ct. 1482, 18 L.Ed.2d 595. See also NLRB v. Local Union No. 3, IBEW, 2 Cir. 19......
-
Acmat Corp. v. INTERNATIONAL U. OF OPERATING, ETC.
...956 (8th Cir. 1967); New Orleans Typographical Union No. 17 v. NLRB, 368 F.2d 755 (5th Cir. 1966); NLRB v. Local 1291, International Longshoremen's Association, 368 F.2d 107 (3d Cir. 1966), cert. denied, 386 U.S. 1033, 87 S.Ct. 1482, 18 L.Ed.2d 595 Plaintiff further argues that no collatera......
-
Sheet M 27, Afl-Cio v. E.P. Donnelly, Inc.
...between seeking the work and seeking payment for the work is ephemeral.” Id. We relied on our rationale in NLRB v. Local 1291, Int'l Longshoremen's Ass'n, 368 F.2d 107 (3d Cir.1966), cert. denied,386 U.S. 1033, 87 S.Ct. 1482, 18 L.Ed.2d 595 (1967), that the valuable part of a right to a par......
-
STONE & WEBSTER, ETC. v. LOCAL UNION NO. 38, ETC.
...jurisdictional question rather than one of interpretation of a Collective Bargaining Agreement. See N.L.R.B. v. Local 1291, International Longshoremen's Ass'n., 368 F.2d 107 (3d Cir. 1966), cert. den. 386 U.S. 1033, 87 S.Ct. 1482, 18 L.Ed.2d 595 (1967); International Bro. of Carpenters v. C......