| Summary: | k 1 Washington fxt9 Aaaociation of the U. ,. Post Office Box 1522, -pokeuMi, »aahiULton, ATT: Kr. William Lioahaa, ;ecretarj-?rca*urer TOt JA82S J. HOLTHAB, Dr. uju.-,t i, i, - CoEpHano* i^haae: In tau Katter of Harleeo and th; .:.V.:: ton t:'.'v 'nsoel^tlon, !7,' ft«, "":• MSI ?••?- ,;,-'-;r2, 58 Tn the Hatter o_''__.;-v.:y.,f. '^1 >;.-. ~"-. aiui foc;/^ -'-'J?A0^, ;-'0'_ ^."'^o .lie 1'J^.D- ^20 ( Decided Juoe 2fle ],.;.^ ;; Total Time ( per item attached ) una 25» through July Jlat l«58s 85 Hour*, 58 ml .utea at v 15.00 per hour under ttta iiini«utn fee schedule of the Seattle Bfer Association f 1329.50 k Detail: Services Rendered In the Matter of Harleae and the Washington State Association, et al. Case Ho, 19-CB-472 ( June 24a 1958) and In the Matter of Turner and the Washington State Association and Local Union No. ¥f, Case Ho. 19-CB-420 ( June 24a 1958) COMPLIANCE PHASE ( June 250 through July :31&> 1958) Date Service Time June Hours » Minutes 25 27 28 29 30 July 2 3 5 9 10 11 TCFs A* Bruckner, NLHB TCTt C. Burdell Employers* Attorney TCFs D. Vance Local 598 Attorney TCFi A. Bruckner TCTi L. Presley Qill TCT: A. Bruckner Conft Clay Lasham and Grant Wood, Seattle TCTt D. Vance TCFt Thomas Graham Jr., HLRB TCT: W* J, Linahan: In ret Conference of Business Managers. Followed by two phone calls to the New Washing ton Hotel, with two additional phone calls to Linahan and one to Clayton Bilderhaek, Portland Ltr. To be used in setting up Business Managers* conference in Seattle on July 10^ Conft Clayton. Bilderback re WSA hiring clauses Local 40 Attorney TCTt Scott Kimball, Spokane ret Joint Board Action and compliance on Turner Case • - Conf: Ofant Wood, re new hiring procedures Conft Duane Vance re payments under ease No* 19-CD-370, et seq* 1 TCTt C. Burdell TCT and Conft A* Bruckner and Pat Walker of NLRB 1 Preparation of materials for use of Business Managers 2 TCTt D. Vanoe Conf* Bruckner & Vance at HLRB Conft D. Vanoe re presentation to 1 Business Managers Conference with Business Managers at Hew Washington Hotel 8 TCFt Alan Bruckner Conf: Trust Department, Bank of California, N.A re Special Account Ltr: Form letter to all WSA locals involved and attorneys in respect to manner of affecting monetary payment of wages to charging parties 1 Conf: Charles Burdell 1 Ltr: Internal Revenue re payment plan Sub-total: 24 JAMES J. MOLTHAN LAWYER 15 05 30 10 20 03 00 15 10 40 15 00 20 30 10 45 00 15 30 30 00 10 45 00 00 45 23 Compliance Phase Detail: Page two Date: July, cont'd* 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Service Conf: Business Manager's Sub committee, Local 32, Seattle TCTt Thomas; X* Dunn, Esq*, Washington,D*C* Sub-Committee Conference it n ii Meeting with Chas* Shattell, Pros*, WSA Kfe: Hiring Hall Forms Conference with A* Bruckner TCTt Burdell Ltrt OW t TCTt Conf: TCTt Ltrt OW: TCFt TCFt Conf: OW: n To A* Bruckner being an interim report on compliance efforts Drafting of first proposed revision of Hiring Hall clauses ii Scott Kimball ret Turner Case and dictated letters of compliance 0* Wood ret Hiring Procedures Labor Representative of State Employment Security Service Employment Security Service WSA contract re-draft to effeet compliance Charles BurdeiUL. re: Bank Account A* Bruckner: mi HaHmae Construction Co. Business Managers: New Washington Hotel 0830-0930; 1030-1200J 1330-1800$ 1830- 2130 hours Special Report to Martin O'Donoghue Second Revision of Hiring Clauses TCTt;Grant Wood TCFt Larson of Sprinkler Fitters TCTt Scott Kimball, Spokane TCTt Three calls to and from A. Bruckner on compliance Conft D* Vanoe TCT: C* Burdell Ltrt Transmittal letter to accompany hiring hall presentation for Board of Negotiators Conft Meeting with Labor Members of Board Conf: Meeting with Scott Kimball ret Concilia tion including phone call to Commission Albin Perterson and telegram to San Francisco TCTt Scott Kimball, 3$fleflH Seattle Three telephone conferences with Bruckner One call to C. Burdell ( evening) One call from Scott Kimball TCTt A* Bruckner, TCFt C. Burdell Sub-total, time: Total Time JAMES J. MOLTHAN LAWYER Hours:: Minutes 8 3 8 4 00 30 30 00 00 30 10 00 2 00 4 00 15 30 20 10 4 00 10 15 9 00 1 30 3 00 2 00 3 00 10 10 10 50 1 00 15 1 00 2 00 1 00 20 30 30 10 5 15 6& 15 88 38 /P8^ LAW OFFICES Telephone mutual 6871 S07 THIRD AVENUE (James @J. ^olthan Seattle 4, Washington January 10& 1958 Washington State Association, U. A., Post Offioa Box 1322, Spokane, Washington* ATT: Mr, W, J. Linahan, Secretary-Treasurer RE: Final Statement for professional services rendered and disbursements made in the following Matters: (a) Harless and the W.S.A. and component locals, 19-CB-472, (b) Turner and the W.S.A. and Local No. kk, 19-CB-420, (c) Harless and the State Board of Negotiators, 19-CA-lif64, and services rendered incidental to settlement of Harless and Local 598 in 19-CB-370, et seq. (Detail for period lite November 1957 through 10a> January 1958 attached for reference). PR; JAMES J. MOLTHAN. LAWYER Professional services rendered ( 100 hours, plus) at 8 15*00 per hour 8 1500.00 DisbursementsJ 1*»7«07„ Balance 3 1647*07 Credit ( per December 10a ) 750.00 Due and owing 8 897.07 /M$\ ,H&N netflil: Services rendered during December. 1957. December: 2--TCT: Bruokner 20 -Hesearch: U Of W. Law Library 2 00 -Conf: Tillman, Walker, HLRB 2 00 -TOF: Local 598 -Ltr: To be sent to Harless from Local 598 20 -TCT: Iff, 0»Donoghue, Atlantic City, N. J. 11 3 -TOF: Beames, Pasoo 10 -TCT: Bruokner 15 -TCF: Bilderbaok, Portland 45 -TOT: D. Vanoe 30 -Conf: D. Vance, P. Walker, Bruokner 2 30 -TOT: M. 0»Donogue 10 4 -TCT: Bruokner 20 -Conf: Bruokner, Walker, Tillman, NLRB 45 -TOT: Local 598, Pasoo 20 -TOF: Bilderbaok 45 -TCT: Bruokner 05 5 -Conf. Bruokner, NLRB 1 00 -TOT: Don Davidson 20 -TOT: Beames, Pasoo 20 -TCT: P. Walker, J!JLRB 10 6 -TCT: Bruckner 15 -TCF: J", Eustace, Looal 82 10 9 -TCF: A. Bruokner I # 44) 25 -TOF: G. Shoemaker, Spokane 11 -TCF: S. Kimball 08 10 -Conf: Bruokner, -TCF: Etter, Spokane 11 -Oonf; D, Vance -TCF: Pasoo, 598 12 -TCF: George Shoemaker -TCT: Bruokner *Grant Wood (TCT) -TOF: D. Davidson *TCT: Spokane, Looal 44 -TCF: Bilderbaok 13 -TCT: D. Davidson -TCT: G. Wood -TCT: W. J, Linahan -TCT: C. Bilderbaok -TCT: M. O'Donoghue 14 -TOT: Oonf, D. Vanoe -TCF: A. Bruokner -Conf: C. Burdell and D. Davidson - Oonf: G. Wood signed stipulation -TOT: W. J. Linahan, Spokane -TCF: C. Bilderbaok, Ketchikan 40 Totals: 25 31 1 00 30 45 10 9 20 05 20 10 50 15 05 15 15 13 45 15 1 15 45 03 JAMES J. MOLTHAN LAWYER # 13.90 4.?3 18.40 3.75 $35.78 /fifflft\ /*sfev December Detail: WSA, continued, Date DEC.: 15 16 17 18 19 23 31 Servioe Flight to Spokane for signature of W. J. Linahan to settlement stipulation and continu ed flight to Spaco for hearing PasooP Conferences with Vance, Bruokner, Moore (Harless Attoreny) and with Trial Examiner Bennett Evening: Meeting with Looal 598 Executive Board 8 Hours Minutes Disbursements 6 30 Fare 28.85 Taxi 1550 Limo 1.25 Baggage by Ins 1.65 Pasoo Limo 1.10 Hearing at Pasco City Hall involving introduction ot WSA Settlement Stipulation Evening: Dinner with Trial JSxaminer Bennett, Vanoe and Bruokner at Jordans Conference at Pasoo with Hallmac's attorney, George Shoemaker, Spokane invoving settlement formula on Turner Case 3 30 Afternoon: Telephone conferences with 0»Donoghue, and Bildertoaok in regard to settlement formulae Hostlery Meals Taxi Dinner Tips 5.00 4.00 0.90 17.37 2.50 Hostelry 5.00 Evening: Special Meeting of Local 598 at Kennewick, Washington Hearing at Pasco City Hall and orders entered in regard to WSA, Hall mac, Looal 44 and Local 598 settlements Return trip to Seattle by oar on share expense basis 8 TCF: Bruokner Conf. Bruokner and Walker 1 TCT: George Shoemaker TCF: M. 0»Donoghue-re settlement formula. 00 Hostelry 5.00 Conf: Bruokner Signed revised settlement stipulation at J3LRB 05 15 12 08 40 Contribution $ 8.00 7.43 January Detail: Jan: 10: Ltr to W. J. Linahan for distribution to affiliated locals 00 Totals: 35 20 MAHTJOM .L 83ivlAL H3YWAJ * 89.55 J0^\ ^WH UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NINETEENTH REGION WASHINGTON STATE ASSOCIATION AND ITS MEMBER LOCAL UNIONS, INCLUDING BUT NOT LIMITED TO LOCALS 32, to, kk, 265, 631, 82, 358, 695, 809, 5^9> 591 and 598 (ALL AFFILIATED WITH THE UNITED ASSOCIATION OF JOURNEYMAN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA) and FRED J. HARLESS WASHINGTON STATE BOARD OF NEGOTIATORS AND/OR ARBITRATORS (EMPLOYER SIDE), ITS MEMBER EMPLOYERS, AND EMPLOYERS REPRESENTED BY IT and FRED J. HARLESS Case No. I9-CB-V72 Case No. 19-CA-1U64 STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Washington State Association and its member local unions, namely Locals 32, *tO, kk, 265, 631, 82, 358, 695, 809, 5^9, 591 and 598; Washington State Board of Negotiators and/or Arbitrators (Employer Side), its member employers, and employers repre sented by it (herein collectively referred to as Respondent Employer); Fred J. Harless, an individualj and Alan A. Bruckner, Counsel for General Counsel of the National Labor Relations Board, 19th Region, that: 1. Upon a charge filed by Fred J. Harless, an individual, in Case No. 19-CB-V72 on May 6, 1957, and served on Respondent labor organizations named herein on or about May 6, 1957, and a charge filed by Fred J. Harless, an in dividual, in Case No. 19-CA-lU6ft on May 6, 1957, and served upon Respondent Employer on or about May 6, 1957, receipt of which charges is hereby acknowled ged by all Respondents for themselves and for and on behalf of the principals represented by them, the General Counsel of the National Labor Relations Board, on behalf of the National Labor Relations Board (hereby called the Board), by the Regional Director for the 19th Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 6l Stat. 136 (herein called the Act), and Section 102.15 and Section 102-33 of the Board's Rules and Regulations, Series 6, as amended, issued a Consolidated Complaint, Order Consolidating Cases and Notice of Hearing against the Respondent labor organ izations named herein and Respondent Employer, among others, on August 19, 1957, and issued a Complaint and Amendment to Consolidated Complaint together with a Second Order Consolidating Cases and Notice of Hearing, against the Respondent labor organizations named herein and Respondent Employer, among others, on October 18, 1957. True copies of the foregoing instruments were duly served upon all the parties above-named on or about the dates of issuance thereof, and all the parties hereto herewith acknowledge receipt of all copies of the forementioned instruments for themselves and for and on behalf of the principals represented by them. 2. Washington State Board of Negotiators and/or Arbitrators (Employer Side) (herein called Respondent Washington State Board), is a voluntary {0$$\ association, composed of, or representing, a substantial number of all the em ployers who are engaged within the State of Washington in the pressure piping, heating, plumbing, pipe-fabricating, air-conditioning, refrigeration, oil pipe and burner, sewer, gas, water main, and/or pipeline contracting business. 3. Respondent Washington State Board is composed of six (6) employer members, each individual member representing one (l) of six (6) regions which together cover the entire State of Washington, each region conforming to the geographical jurisdiction of certain member local unions of Washington State Association. k. Members of, and employers represented by, Respondent Washington State Board annually perform construction work throughout the various states of the United States valued in excess of three million five hundred thousand dollars ($3,500,000), annually perform services valued in excess of one hundred thousand dollars ($100,000) for concerns which annually ship goods valued in excess of fifty thousand dollars ($50,000) to points without the State of Washington, and annually perform contracts within the State of Washington for the Government of the United States affecting national defense in excess of one hundred thousand dollars ($100,000). 5. Respondent Washington State Board, each employer member thereof and each employer represented by it, are collectively, and each of them indi vidually, engaged in commerce within the meaning of Section 2, Subsections (6) and (7) of the Act. 6. Washington State Association and each of its member local unions, namely, Locals 32, ho, kk, 265, 631, 82, 358, 695, 809, 5^9, 591 and 598, are, each of them, labor organizations within the meaning of Section 2, Subsection (5) of the Act. 7. Washington State Association is composed of the numbered member local unions as set forth in Paragraph 6 above, which together covering the entire State of Washington, through its six (6) representatives on the Wash ington State Board of Negotiators and/or Arbitrators (union Side) represents said local unions in periodically negotiating, signing and executing collec tive bargaining agreements with Respondent Washington State Board for and on behalf of its member local unions thus binding said local unions. 8. Respondent Washington State Board exists for the purpose, in part, of representing in collective bargaining its member employers and employers represented by it, and periodically negotiates, signs and executes collective bargaining agreements with Washington State Association for and on behalf of said employers thus binding said employers. 9. For the purpose of this stipulation only, the Complaint and Amend ment to Consolidated Complaint issued on October 18, 1957, by the Regional Director for the 19th Region of the National Labor Relations Board is hereby withdrawn. 10. For the purpose of this stipulation, severed from the Consolidated Complaint are Cases Nos. 19-CB-370, 19-CB-3-70-1 to 19-CB-370-33 respectively, 19-CA-1335, 19-CB-U18, 19-CA-1342 and 19-CB-420, and more particularly, as follows: (1) Lines h through 26 inclusive, on page lj (2) Lines 12 through 28, inclusive, on page 2j (3) Line 3 on page 3, commencing with the words "the following" through and including the words "Beames and Agents; and by" on line 28 on page 3; -2- (5 (6 (7 (8 (9 (10 (H (12 (13 (Ik (15 Line 3 on page k, commencing with the words "and by William" through and including the words "and Canada"; on line 11 on page k'} Paragraph I and substituting in its place Paragraph 2 of this stipulation in its entirety; The words "Hallmac and Engineering", in line 18 on page 6, Paragraph VIII; The words "Hallmac and Engineering", in line 23 on page 6, Paragraph IX; In their entirety: Paragraphs IV, V, VI, VII, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, XXXV, XXXVII, XXXVIII, XXXIX, XLI, XLII AND XLIII; Line 17 on page 21 in Paragraph XLIV, commencing with the words "of Respondent" through and including the words "Respondent Engineering", in line 18 on page 21; Line 19 on page 21 in Paragraph XLIV, the figures "XXVII, XXVIII, XXIX, XXX, XXXI, XXXII"; Line 20 on page 21 in Paragraph XLIV, the figure "XXXV"; Line 27 on page 21 in Paragraph XLV, commencing with the words "Respondent Plumbers" through and including the words "and Agents", on line 30 on page 21; Line 21 on page 21 in Paragraph XLIV, the figure "VII" and inserting in its place thereof the figure "III"; Line h on page 22, commencing with the words "United Asso ciation" through and including the words "and Canada", on line 9 on page 22; Line 15 on page 22, commencing with the words "Plumbers and" through and including the words "Beames and agents", on line 17 on page 22; (16) Line 23 on page 22, commencing with the words "United Asso ciation" through and including the words "and Canada", on line 28 on page 22. 11. Not settled hereby nor intended to be so settled by this stipula tion, but remaining to be otherwise disposed of, is the liability of certain respondents in Case No. 19-CA-1U6U, otherwise parties hereto, who are gener ally described in Paragraph XXXV of the Consolidated Complaint and whose names are set forth in Appendix A attached hereto and made a part hereof, as charged in the material severed from this stipulation as described in Paragraph 10 above; it is understood and expressly agreed that Paragraph XXXIV of the Con solidated Complaint remains outstanding against those parties named on Appendix A and all respondents in all other cases not settled hereby, namely Cases Nos. 19-CB-370, 19-CB-370-1 to 19-CB-370-33 respectively, I9-CB-IH8,* 12. All answers and amended answers heretofore filed in this case by respondents and any of the principals represented by them are hereby withdrawn except insofar as said answers are responsive to any of the issues remaining in any of the cases or issues not settled hereby; any provisions in such responsive answers or amended answers which conflict with any of the provisions of this stipulation-are-hereby withdrawn. * 19-CA-1335, 19-CA-13te and 19-CB-teO. p^l /0$g\ 13. All parties hereto waive the filing of answers, hearing, inter mediate report of trial examiner, the filing of exceptions and briefs, oral argument before the Board, makings of findings of act or conclusions of law by the Board, and all further and other procedure to which the parties may be entitled under the Act or Rules and Regulations of the Board. Ik. Any evidence bearing upon the issues which are settled by virtue of the execution of this settlement agreement may be introduced into evidence in any hearing on any remaining unsettled issues. 15* The Consolidated Complaint is hereby amended by changing the designation "WASHINGTON STATE BOARD OF NEGOTIATORS AND/OR ARBITRATORS, ITS MEMBER EMPLOYERS AND EMPLOYERS REPRESENTED BY IT" wherever it so appears, to the designation "WASHINGTON STATE BOARD OF NEGOTIATORS AND/OR ARBITRATORS (EMPLOYER SIDE), ITS MEMBER EMPLOYERS AND EMPLOYERS REPRESENTED BY IT." 16. This stipulation together with true copies of the charges, Con solidated Complaint, Order Consolidating Cases, Notice of Hearing, and Second Order Consolidating Cases and Notice of Hearing shall constitute the entire record herein. 17. Upon this stipulation and the record herein as described in Paragraph 16 above, and without any further notice of proceedings herein, the Board may enter an order forthwith providing as follows: I. The Respondents, Washington State Association and its member local unions, Nos. 32, ho, kk, 265, 631, 82, 358, 695, 809, 5^9, 591 and 598, its officers, agents, successors and assigns shall: A. Cease and desist from: (l) Executing, maintaining, renewing, giving effect to, or enforcing, or attempting to enforce any collective bar gaining agreement, understanding, arrangement, or prac tice with the Washington State Board of Negotiators and/or Arbitrators (Employer Side), or any of its em ployer members, or members represented by it, or any other employer whose business operations are subject to the jurisdiction of the Act, in connection with their operations within the State of Washington, which: (a) requires membership in or clearance by Respondent labor organizations, or any of them, as a condi tion of employment, except as authorized in Sec tion 8 (a) (3) of the Act; (b) accords preferential or exclusive hiring rights to members of Respondent labor organizations or any of them, except in accordance with Section 8 (a) (3) of the Act; (c) conditions the eligibility of any employee for health and welfare, vacation or any other benefits upon compliance with the rules and regulations of Respondent labor organizations or any of them; (d) requires the payment of any monies other than those expressly permitted by the Act as a condi tion of employment; (e) delegates to Respondent labor organizations or any of them the right to act as sole judge of the competency of any applicant for employment within -k- the plumbing and pipefitting craft within the State of Washington; (2) Attempting to enforce, or enforcing, maintaining or en tering into an agreement, understanding, arrangement, or any other practice or renewal thereof within the State of Washington with the Washington State Board of Nego tiators and/or Arbitrators (Employer Side), its member employers, employers represented by it, or any other em ployer whose business operations are subject to the ju risdiction of the Act, which contains any union security provisions not permitted under the Act; (3) Causing or attempting to cause the Washington State Board of Negotiators and/or Arbitrators (Employer Side), its member employers and employers represented by it, or any other employer whose business operations are subject to the jurisdiction of the Act, within the State of Washington, to discriminate against any employees or ap plicants for employment by operating in a discriminatory fashion an exclusive dispatch system or exclusive hiring fr«n provided for in any agreement, understanding, ar rangement or practice; (k) In any like or similar manner restrain or coerce such employees or applicants for employment or prospective employees, in the exercise of their right to self-organ ization, to form labor organizations, to join or assist any labor organization, to bargain collectively through representatives of their own choosing, and to engage in collective bargaining or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such rights may be affected by an agree ment requiring membership in a labor organization as a condition of employment as permitted under the Act; B. Take the following affirmative action to effectuate the poli cies of the National Labor Relations Act, as amended: (1) Post in conspicuous places at all business offices main tained by Respondent labor organizations and at each construction site within the State of Washington of mem ber employers and employers represented by Washington State Board of Negotiators and/or Arbitrators (Employer Side), including all places where notices to employees or prospective employees and to members are customarily posted, copies of the notice attached hereto and marked "Appendix B". Copies of said notice to be furnished by the Regional Director of the 19th Region, shall, after being duly signed by authorized representatives of Respondent labor organizations, be posted at the respec tive Respondent labor organizations, at each construc tion site as provided herein located within its own geo graphical jurisdiction, immediately upon receipt thereof and be maintained for sixty (60) consecutive days there after. Reasonable steps shall be taken to insure that such notices are not altered, defaced, or covered by any other material; (2) Mail to each of its members a copy of the notice to be posted, "Appendix B"; (3) Notify the Regional Director of the 19th Region in writing ^SfiN within ten (10) days from the date of this order what steps the Respondent labor organizations and each of them have taken to comply herewith. II. The Respondents, Washington State Board of Negotiators and/or Arbitrators (Employer Side), its member employers and employers represented by it, its officers, agents, successors and assigns shall: * A. Cease and desist from: (1) Executing, maintaining, renewing, giving effect to, or enforcing any collective bargaining agreement, under standing, arrangement or practice with the Washington State Association or any of its member local unions, namely Locals 32, kO, kh, 265, 631, 82, 358, 695, 809, 5U9, 591 and 598, which: (a) requires membership in or clearance by such labor organizations or any of them as a condition of em ployment, except as authorized in Section 8 (a) (3) of the Act; (b) accords preferential or exclusive hiring rights to members of said labor organizations or any of them, except in accordance with Section 8 (a) (3) of the Act; (c) conditions the eligibility of any employee of said employers for health and welfare, vacation or any other benefits upon compliance with the rules and regulations of the above-described labor organiza tions and any of them; (d) requires the payment of any monies other than those expressly permitted by the Act as a condition of employment; (e) delegates to any or all of the aforementioned labor organizations the right to act as sole judge of the competency of any applicant for employment within the plumbing and pipefitting craft within the State of Washington; (2) Enforcing, maintaining or entering into an agreement, understanding, arrangement or any other practice or re newal thereof within the State of Washington with the Washington State Association, and/or any of its member local unions, which contains any union security provi sions not permitted under the Act; (3) Enforcing, maintaining, or entering into any agreement, understanding, arrangement, or practice or renewal there of which provides for an exclusive dispatching system or exclusive hiring hall, with Washington State Association, or any of its member local unions whereby such exclusive dispatching system or exclusive hiring hall is operated in discriminatory fashion by said labor organizations; (U) Discriminate in any manner against an employee or appli cant for employment in violation of the Act; (5) In any like or similar manner interfere, restrain or coerce such employees or applicants for employment or -6- /$$$k prospective employees, in the exercise of their right to self-organization, to form labor organizations, to join or assist any labor organization, to bargain col lectively through representatives of their own choosing, and- to engage in concerted activities for the purpose of bargaining or other mutual aid protection, or to re frain from any or all such activities, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condi tion of employment, as permitted under the Act; B. Take the following affirmative action to effectuate the poli cies of the National Labor Relations Act, as amended: (1) Post at places of business and at each construction site, within the State of Washington, of each employer member of and employers represented by the Washington State Board of Negotiators and/or Arbitrators (Employer Side), in conspicuous places, including all places where notices to employees or prospective employees are custom arily posted, copies of the notice attached hereto and marked "Appendix C". Copies of said notice to be fur nished by the Regional Director of the 19th Region, shall, after being duly signed by an authorized repre sentative of the Washington State Board of Negotiators and/or Arbitrators (Employer Side) for and on behalf of its employer members and employers represented by it, be posted by each employer member and employer repre sented by it, at each construction site as provided herein, immediately upon receipt thereof and be main tained for sixty (60) consecutive days thereafter, such employer members and employers represented by it shall take reasonable steps to insure that said notices are not altered, defaced, or covered by any other material; (2) Transmit to each employer member and employer represen ted by it, a copy of the notice prepared by Respondent labor organizations pursuant to Paragraph I B (l) of this order and notify each employer member and employer represented by it of the terms of this order, and re quest each of them to take all steps necessary to insure that persons employed by them and applicants for employ ment will not be discriminated against except to the extent permitted in proviso Section 8 (a) (3) of the Act, and invoke such powers and rights Respondent Wash ington State Board of Negotiators and/or Arbitrators (Employer Side) may have as to each member employer and employers represented by it to insure the cooperation of such employer members and employers represented by it to insure the cooperation of such employer members and employers represented by it in effectuating the terms of this order; (3) Notify the Regional Director of the 19th Region in writing within ten (10) days from the date of this order what steps the Respondent Washington State Board of Ne gotiators and/or Arbitrators (Employer Side), its mem ber employers and employers represented by it have taken to comply herewith. 18. The United States Court of Appeals for any appropriate circuit may, upon application by the Board, enter its decree enforcing the order of the Board in the form set forth in Paragraph 17 hereof. The respondents waive -7- 0^\ ^is. all defenses to- the entry of the decree, including compliance with the order of the Board, and its right to receive notice of the filing of an application for the entry of such decree, provided that the decree is in the words and figures set forth in Paragraph 17 hereof. However, the respondents shall be required to comply with the affirmative provisions of the Board's order after entry of the decree only to the extent that it has not already done so. 19. This stipulation contains the entire agreement between the par ties, there being no agreement of any kind, verbal or otherwise, which varies, alters or adds to it. 20. This stipulation, together with the other documents constituting the record as described in Paragraph 1^ hereof, shall be filed with the Board. This stipulation is subject to the approval of the Board, and it shall be of no force and effect until the Board has granted such approval. Upon the Board's approval of the stipulation, the Respondents will immediately comply with the provisions of the order as set forth in Paragraph 17 hereof. Signed this day of December, 1957, at Seattle, Washington. WASHINGTON STATE ASSOCIATION AND ITS MEMBER LOCAL UNIONS, LOCALS NOS. 32, kk, 265, 631, 82, 358, 695, 809, 5^9 and 591 (ALL AFFILIATED WITH THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA) By Counsel James J. Molthan 607 Third Avenue Seattle k, Washington Signed this day of December, 1957, at Seattle, Washington. PLUMBERS AND STEAMFITTERS LOCAL UNION 598 OF THE UNITED ASSOCIATION OF JOURNEYMAN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA By Counsel J. Duane Vance 230 Sixth Avenue North Seattle, Washington Signed this day of December, 1957, at Seattle, Washington PLUMBERS AND STEAMFITTERS LOCAL UNION kO OF THE UNITED ASSOCIATION OF JOURNEYMAN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA By Counsel L. Presley Gill 2800 First Avenue Seattle 1, Washington -8- Signed this day of December, 1957, at Seattle, Washington. WASHINGTON STATE BOARD OF NEGOTIATORS AND/OR ARBITRATORS (EMPLOYER SIDE), FOR AND ON BEHALF OF ITSELF, ITS MEMBER EMPLOYERS AND EMPLOYERS REPRESENTED BY IT By Attorney Charles S. Burdell 1012 Northern Life Tower Seattle, Washington Signed this day of December, 1957, at Seattle, Washington. Fred J. Harless, An Individual Charging Party, Cases Nos. I9-CB-V72 and 19-CA-ll^ 13 North Newport, Kennewick, Washington Signed this day of December, 1957, at Seattle, Washington. Alan A. Bruckner Counsel for General Counsel National Labor Relations Board 19th Region 1*07 U. S. Court House Seattle *4-, Washington >$p*\ APPENDIX A Barnett Plumbing & Heating Warden, Washington Basin Piping Box 63^ Kennewick, Washington Joe Camarato d/b/a Othello Plumbing & Heating Othello, Washington A. J. Curtis Company 123 South Oregon Pasco, Washington C. Frank Frilot, d/b/a C. F. Frilot Plumbing & Heating Co. 617 West Columbia Avenue Kennewick, Washington J. P. Head Plumbing, Heating and Pipe Construction Third & Columbia Pasco, Washington Hooper's Valley Supply 116 Vista Way Kennewick, Washington Lewis Hopkins Company 221 South Third Pasco, Washington Industrial Contractor's Company 210 South Oregon Pasco, Washington Johnson Plumbing & Heating 1128 West Pine Walla Walla, Washington Modern Plumbing 216 Shoshone Pasco, Washington Mokler Plumbing 1115 West First Avenue Kennewick, Washington Morrison Refrigeration 513 West Court Street Pasco, Washington Kenneth Nelson Construction Co. Pasco, Washington W. R. O'Rourke Plumbing & Heating 339 South Second Walla Walla, Washington Prutzman Plumbing Co. 1919 Delmont Walla Walla, Washington Randolph & Taylor 1*19 Clark Pasco, Washington Riverview Refrigeration 1111 Court Street Pasco, Washington Rogers and Son 215 East 15th Avenue Kennewick, Washington Schmidt Plumbing & Heating 6k West Ridgeway Hermiston, Oregon Tomlinson & Buckmaster Box 12 Warden, Washington Traner Plumbing & Heating Route 2, Box 17 Hermiston, Oregon Twin City Construction Co. 1*04 North 7th Pasco, Washington Urban Engineering, Inc. P.O. Box 7k2 Richland, Washington Warden Plumbing Co. Warden, Washington Washington State Board of Negotiators and/or Arbitrators c/o Harold Haberman East 1801 Sprague Spokane, Washington Page 1 of 1
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