International Organization of Masters

National Labor Relations Board - Board Decisions

Mar 7, 1979

240 N.L.R.B. 1240 (N.L.R.B. 1979)

1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Organization of Masters, Mates and Pi-
lots and Newport Tankers Corporation. Case 5-
CB-1973
March 7. 1979
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENELLO
AND MURPHY
On November 4, 1977, the Board issued its Deci-
sion and Order in this proceeding.' finding, contrary
to the Administrative Law Judge, that Respondent
had not violated Section 8(b)(l)(B) of the Act as al-
leged by picketing to have the Employer hire an ad-
ditional supervisor and ordering that the complaint
be dismissed in its entirety. Upon a petition for re-
view, the United States Court of Appeals for the
Fourth Circuit on May 10, 1978, set aside the Board's
Order because the court found that Respondent vio-
lated Section 8(b)(1)(B) by picketing to require the
Employer to employ an additional supervisor with
the ability to adjust grievances, thereby diluting the
authority of previously hired supervisors to adjust
grievances. Alternatively, the court found that Re-
spondent violated Section 8(b)(1)(B), as the actual
object of the picketing was the replacement of the
supervisors represented by another union with its
own members. The court remanded the case to the
Board for further proceedings in accordance with its
opinion.2
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
In view of the foregoing, including the court's
opinion in this proceeding, and the entire record in
the case, the Board accepts the court's findings and
conclusions as the law of the case, and hereby issues
the Order as set forth below.3
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent, In-
ternational Organization of Masters, Mates and Pi-
lots, Norfolk, Virginia, its officers and
representatives, shall:
1. Cease and desist from:
(a) Picketing the S/TAchilles, or any other vessel
owned or operated by any employer, with an object
of causing Newport Tankers Corporation, O.B.O.
Ship Operators, Inc., or any other employer engaged
240 NLRB No. 174
in commerce, or in an industry affecting commerce,
to add to or replace their complement of supervisory
licensed deck officers or any other supervisors within
the meaning of the Act.
(b) In any other manner restraining or coercing
any employer engaged in commerce, or in an indus-
try affecting commerce, in the selection of its repre-
sentatives for the purposes of collective bargaining or
the adjustment of grievances.
2. Take the following affirmative action necessary
to effectuate the policies of the Act:
(a) Post at all its business offices and meeting halls
in the United States (including the offices and meet-
ing halls of its offshore division) copies of the at-
tached notice marked "Appendix." 4 Copies of said
notice, on forms provided by the Regional Director
for Region 5, after being duly signed by Respon-
dent's representatives, shall be posted by Respondent
immediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in conspicu-
ous places, including all places where notices to
members are customarily posted. Reasonable steps
shall be taken by Respondent to insure that said no-
tices are not altered, defaced, or covered by any
other material.
(b) Furnish the Regional Director for Region 5
with signed copies of the aforesaid notice for posting
by Newport Tankers Corporation and O.B.O. Ship
Operators, Inc., if willing, at places where they cus-
tomarily post notices to their employees.
(c) Notify the Regional Director for Region 5, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply here-
with.
233 NLRB 241.
IVe.port Tankers v. N.R.B., 575 F.2d 477 (4th Cir. 1978).
Member Penell{o agrees with the court's decision and present disposition
of the case for the reasons stated in his dissenting opinion in the Board's
orinal decision.
In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, he words in the notice reading "Posted by Order
of the National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board"
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT picket the S/T Achilles, or any
other vessel owned or operated by any em-
ployer, with an object of causing Newport Tank-
ers Corporation, O.B.O. Ship Operators, Inc., or
INTERNATIONAL ORGANIZATION OF MASTERS. MATES AND PILOTS 1241
any other employer engaged in commerce, or in
an industry affecting commerce, to add to. or
replace, their complement of supervisory li-
censed deck officers or any other supervisors
within the meaning of the Act.
WE WILL NO1 in any other manner restrain or
coerce any employer engaged in commerce, or
in an industry affecting commerce, in the selec-
tion of its representatives for the purposes of
collective bargaining or the adjustment of griev-
ances.
INTERNAVIONAI. ORG(ANIZATION OF MASIERS.
MATES AN[) Pll.OIS