The opinion of the court was delivered by: MCGOHEY
The petitioner, pending final disposition by NLRB of two complaints
charging violations of Sec. 8(a)(1), (2), (3) and (5) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 158(a)(1-3, 5), the Act,
seeks, pursuant to Sec. 10(j) thereof, 29 U.S.C.A. § 160(j), to restrain the respondent Heide from continuing the practices which are said to constitute the violations.
For reasons which will appear and on the findings of fact and conclusions of law hereafter set forth, the petition is granted.
Local 452 was granted leave to intervene as a party respondent. The respondents filed separate answers. All parties were fully heard. The Court having considered the pleadings, evidence, and the arguments and briefs of counsel, finds as follows.
1. Petitioner is Regional Director of the Second Region of the National Labor Relations Board.
2. Respondent Henry Heide, Inc., a New York corporation, was and is engaged within this judicial district in the transaction in interstate commerce of its business as a manufacturer and wholesaler of candy and confectionery products.
3. Candy and Confectionery Union, Local 50, Retail, Wholesale and Department Store Union, CIO (hereinafter called Local 50) and Candy and Confectionery Workers Union Local 452, Bakery and Confectionery Workers International Union of America, AFL (hereinafter called Local 452) are labor organizations within the meaning of the National Labor Relations Act as amended and carry on their affairs as such in this judicial district.
4. The acts and conduct of Heide hereafter set forth have a close and substantial relation to trade and commerce among the several states.
5. Between 1944 and May 15, 1951, Local 50 and Heide were in reasonably harmonious relationship under a series of three labor contracts. Each of the first two had a term of approximately two years. The third, executed in July, 1950, expired by its terms on May 15, 1951.
6. From 1944, when it first represented Heide's employees, until June, 1949, Local 50 had been affiliated with CIO. On the latter date it changed its affiliation to AFL. Then a year later, in June, 1950, about a month before entering into its last collective bargaining contract with Heide, it reaffiliated with CIO, a relationship which still continues.
7. In January, 1951, Local 50 and Heide began negotiations for a new agreement. On April 12, 1951, while these negotiations were proceeding, Local 452 filed a petition pursuant to the Act seeking to supplant Local 50 as bargaining representative.
8. On consent of all parties, an election was held on May 16, 1951, in which Local 50 obtained 185 votes and Local 452 obtained 146 votes out of a total of 381 eligible voters.
9. Local 452 promptly filed objections. Five months elapsed before these were disposed of. The petitioner concedes that Heide was correct in declining, during this period, to bargain with Local 50.
10. Upon termination of their collective bargaining agreement on May 15, 1951, Heide and Local 50 agreed orally that pending the execution of a new contract Heide would continue to observe the provisions of their last contract governing disposition of ...