The opinion of the court was delivered by: RYAN
A petition has been filed by the National Labor Relations Board pursuant to Section 10(l) of the National Labor Relations Act, as amended, 61 Stat. 136 et seq., 29 U.S.C.A. § 151 et seq., for an injunction enjoining and restraining respondent, Local 24368, United Wire and Metal Workers Union, A.F.L., from engaging and continuing to engage in unfair labor practices within the meaning of Section 8(b)(4)(C) of the Act, pending the final adjudication of charges filed by Abko Products, Inc., the employer, charging respondent union with such unfair labor practices.
The matter comes on to be heard by a rule to show cause obtained by the Board. The respondent has answered the petition and filed opposing affidavits. Testimony has been received from witnesses produced and examined by both petitioner and respondent; counsel for the charging party, the employer, has also been heard.
Petitioner is the Regional Director of the Second Region of the National Labor Relations Board, and duly filed the petition herein on behalf of the Board.
Respondent 'Local 24368' is a labor organization within the meaning of Sections 2(5), 8(b) and 10(l) of the Act; this Union has and maintains its principal place of business within this district and is now engaged within this district in promoting and protecting the interests of its employee members.
Jurisdiction over this proceeding is conferred on this court by Section 10(l) of the Act.
Abko Products, Inc., is a New York corporation, engaged in the County of Kings, New York City, in the manufacture of steel utility cabinets for household kitchen use; it is engaged in interstate commerce and the alleged unfair labor practices hereinafter set forth affect such commerce.
On or about February 16 and March 10, 1949 Local 365, United Automobile Workers of America, UAW-CIO, pursuant to Section 9 of the Act, filed with the Board a petition and an amended petition for certification by the Board of a collective bargaining representative for the production, maintenance, shipping and receiving employees of Abko.
On May 29, 1949, the Board directed that such election be had and that it be conducted by secret ballot among the said employees. Pursuant to such direction, on June 17, 1949 the election was duly held; at this election the majority of those eligible to vote designated and selected Local 365 as their bargaining representative. The Board, on June 27, 1949, duly certified the said Local 365 as such representative.
Before the election was held a representative of Local 365 called at the office of the Board and requested that the order for the election be voided and the election be held in abeyance. This request was not in writing and the Board did not act upon it.
On June 22, 1949 before the Board issued certification to Local 365 as the collective bargaining representative of the employees, this union and respondent signed and executed a paper reading as follows:
'Agreement made this 22 day of June, 1949 by and between Local #365, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (hereinafter referred to as Local 365, UAW-CIO), and United Wire and Metal Workers' Federal Union, Local Number 24368, American Federation of Labor.
'1. Local 365, UAW-CIO hereby waives all claim to be or to become bargaining agent for the employees of Abko Products, Inc., of 1631 63rd Street, Brooklyn, New York, in favor of United Wire and Metal Workers' Federal Union, Local Number 24368, American Federation of Labor.
'2. United Wire and Metal Workers' Federal Union, Local Number 24368, American Federation of Labor, accepts said waiver and undertakes and agrees to act as bargaining agent for said employees.'
Thereafter, on June 29, 1949, two days after the certification of Local 365, twenty-five employees of Abko constituting with one or two exceptions the entire body of ...