NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,438, INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, LOCAL 846 (Virginia International Terminals) and JAMES JONES., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, LOCAL 846 (Virginia International Terminals) and JAMES JONES.

314 NLRB No. 130.Case No. 11-CB-2310. August 18, 1994 Claude R. Wolfe, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Jasper C. Brown, Jr., for General Counsel. Charles S. Montagna, for Respondent.

Coercion of Discrimination--Preferential Treatment for Union Members--Hiring Rights.--By cooperating with employers to engage in a hiring system that effectively gave preferential treatment to union members, a union engaged in unlawful activity. These actions on the part of the union caused the employers to discriminate against nonunion employees, which reasonably tended to encourage or coerce union membership. Section 8(b)(2).

Back reference: ¶4375.512.

Coercion of Discrimination--Employer Compliance with Union Demand--Hiring Practices.--By complying with a union request that preference in hiring be given to its members over nonmembers, employers discriminated against nonmembers. Such a practice had a tendency to encourage union membership and discourage potential employees from remaining nonunion. Section 8(a)(3).

Back reference: ¶4375.032.

Fair Representation Duty--Discriminatory Conduct--Selection of Union Applicants.--By choosing individuals to become union members based upon arbitrary, unfair and invidious considerations, the union breached its duty of fair representation. The union made its selections for union membership using unfair and capricious methods that were tainted by nepotism and discriminated against other union applicants. Section 8(b)(1)(A).

Back reference: ¶4420.421.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and brief and has decided to affirm the judge’s rulings, findings, [1] and conclusions and to adopt the recommended Order. [2]

In addition to the reasons given by the judge for concluding that the Respondent violated Sec. 8(b)(1)(a), with which we agree, we find further support in the uncontradicted testimony of Charging Party James Jones that he was told by the Respondent’s president William Tucker that the membership selection process “was hard because the people that were selected above you was family.”

In sec. III,B of his decision, the judge mistakenly stated that the dispatchers located at the union hall are employed by the Association. The dispatchers are employed by the Hampton Roads Shipping Association/ILA Guaranteed Annual Income Fund.

The Respondent has requested oral argument. The request is denied as the record, exceptions, and brief adequately present the issues, and the positions of the parties.

We leave to the compliance stage of this proceeding the Respondent’s contention that it is without authority to carry out the recommended Order which requires it to reassign, if necessary, the six port numbers.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,438, INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, LOCAL 846 (Virginia International Terminals) and JAMES JONES., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, LOCAL 846 (Virginia International Terminals) and JAMES JONES.

314 NLRB No. 130.Case No. 11-CB-2310. August 18, 1994 Claude R. Wolfe, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Jasper C. Brown, Jr., for General Counsel. Charles S. Montagna, for Respondent.

Back reference: ¶4375.512.

Back reference: ¶4375.032.

Back reference: ¶4420.421.

From Text of Board’s Decision

The Respondent has requested oral argument. The request is denied as the record, exceptions, and brief adequately present the issues, and the positions of the parties.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,438, INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, LOCAL 846 (Virginia International Terminals) and JAMES JONES., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,438, INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, LOCAL 846 (Virginia International Terminals) and JAMES JONES., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

From Text of Board’s Decision

Footnotes