NLRB v. SHEET METAL WORKERS'INT. ASS'N., LOC. U. NO. 49
| Decision Date | 28 August 1970 |
| Docket Number | No. 69-70.,69-70. |
| Citation | 430 F.2d 1348 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 49, AFL-CIO, Respondent. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Daniel M. Katz, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Abigail Cooley Baskir, Atty., N. L. R. B., on the brief), for petitioner.
Gerald R. Bloomfield, of Kool, Kool & Bloomfield, Albuquerque, N. M., for respondent.
Before PHILLIPS, HILL and HICKEY, Circuit Judges.
The National Labor Relations Board is before this court seeking enforcement of its order against the Sheet Metal Workers' International Association, Local Union 49, AFL-CIO. The Board issued its order upon adopting the Trial Examiner's finding that the Union, by restraining and coercing General Metal Products, Inc., in the selection of its representatives for the purposes of collective bargaining or adjustment of grievances, has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b) (1) (B) of the National Labor Relations Act.1
General Metal Products, Inc., is a contractor in the building and construction industry. Roger Jones, the charging party, was a working foreman employed by General Metal Products. He worked with and supervised a crew of sheet metal workers on his employer's job site, and he and his crew were members of the Sheet Metal Workers' Local Union 49. On July 12, 1968, Jones' crew was scheduled to commence work at 8:00 A.M. Prior to that day, he had been informed by the general contractor on the job that a crane would be available for hoisting at the job site at 7:30 A.M., July 12, but would be moved to a different job site shortly after 8:00 A.M. Consequently, Jones arrived early for work on the 12th, and at 7:45 A.M. he commenced doing the necessary hoisting. Although he had seen several members of his crew at the job site, he chose to do the hoisting himself and he did not assign any members of his crew to help. Two other individuals, Darrell Hood, a superintendent of General Metal Products, and Pablo Abeyta, the job superintendent for the general contractor, assisted Jones by tieing the needed materials to the lift at the ground. At 8:00 o'clock, Hood and Abeyta left and Jones assigned one of his crew members to complete the work they had been doing.
Because of this incident, Jones was tried by his Union on charges that he "did perform work prior to the beginning of the regular workday, and used men of other crafts to assist him perform such work, which is within the jurisdictional claims of the sheet metal workers." He was found guilty and fined although there was some dispute whether the Union's contract with General Metal Products specified 7:00 A.M. or 8:00 A.M. as the beginning of the regular working hours.
Thereafter charges were filed with the National Labor Relations Board asserting that the Union's actions violated Section 8(b) (1) (B). The Board, in agreement with the Trial Examiner, found that Jones was a supervisor with authority to represent his employer in grievance adjustments; that on July 12, he was engaged in the supervisory act of directing...
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