November 2, 1972
NATIONAL LABOR RELATIONS BOARD, PETITIONER
LOCAL UNION NO. 103, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL-CIO ET AL., RESPONDENTS.
Before CUMMINGS, PELL and STEVENS, Judges.
Order and Judgment
This cause is before this Court upon an application of the National Labor Relations Board to enforce its order dated March 21, 1972, directed against Respondent, Local Union No. 103, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, its officers, agents and representatives, and Respondent, Charles Tremper, its Business Agent. The proceeding resulting in such order is known upon the records of the Board as Case No. 25-CB-1023. The Court has considered the briefs of the parties, the Appendix filed by the Board, and the Board's motion for expedited consideration and decision of the case. We are satisfied that the record contains substantial evidence supporting the Board's findings "that Respondent Union did not enter the July negotiations with an open mind, but continued on its earlier course of unlawful bargaining and was rigidly unwilling to consider seriously any possible alternatives to its jurisdictional disputes proposals * * * that a valid impasse was not reached in negotiations because of Respondent's unlawful course of bargaining * * *." See Associated Gen. Contractors, Evansville Chapter, Inc. v. National Labor Relations Board, National Labor Relations Board v. Local Union No. 103, Int'l Ass'n of Bridge, Structural And Ornamental Iron Workers, etc., et al., 465 F.2d 327 (7th Cir. Nos. 71-1480, 71-1575, July 17, 1972), where this court agreed that the Union's previous course of bargaining, whose continuation was the subject of the Board's findings here, was "fixed and inflexible and contrary to its duty to bargain in good faith" (Slip Op. at 5) and held that it was otherwise a violation of Section 8(b)(3) because illegal under Section 8(b)(1)(B).
Moreover, insofar as the Union contends that it was justified in executing separate contracts with the individual member-employers because the employers voluntarily entered into their separate negotiations and the Association consented to them, we find substantial evidence supporting the specific finding of the trial examiner, adopted by the Board, that:
"When they negotiated and signed the separate agreements all five of the breakaway corporations were members of Evansville Chapter and were being negotiated for by Evansville Chapter. At least some of them knew that other members of Evansville Chapter's negotiating committee considered their actions in going-it-alone to be unlawful. And all of them knew that Randolph Walther, executive director of Evansville Chapter, was strongly opposed to their actions, and took the position that they were illegal. During Evansville Chapter's negotiations, Walther met with the entire membership once a week for 16 weeks, and always took the position that Evansville Chapter's Board of Directors considered that all members were bound by Evansville Chapter's by-laws to try to negotiate a contract, and they could not withdraw from the bargaining. Poe Steel Erection, Inc., and Burch and Lamb, Inc., signed the separate agreement after the charge herein had been filed and after Walther had written them and all members on August 13, 1970:
"The Evansville AGC has today filed with the NLRB additional charges against Local 103 Iron Workers and the International Iron Workers Union for negotiating contrary to law, contracts with individual members of the AGC and ignoring the bargaining rights of the AGC.
Prior to signing these separate agreements none of the five employers gave any notice or took any steps to withdraw from Evansville Chapter. Nor did Respondents ever notify Evansville Chapter of their intent to withdraw from group bargaining. All five corporations are parties to other agreements Evansville Chapter negotiated for them with other unions."
We therefore approve the Board's decision that "Respondent Union was not lawfully free to negotiate and sign separate agreements with individual members and thereby fracture the existing multiemployer bargaining unit. Plainly, Respondents' conduct is violative of Section 8(b)(3) as alleged." Accordingly, it is hereby ordered and adjudged by the Court that the said order in said proceeding be enforced and that Respondent, Local Union No. 103, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, its officers, agents and representatives, and Respondent, Charles Tremper, its Business Agent, abide by and perform the directions of the Board in said order contained.
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