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DOUDS v. LOCAL 50

January 5, 1955

Charles T. DOUDS, Regional Director of the Second Region of the National Labor Relations Board, etc., Petitioner,
v.
LOCAL 50, BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION, A.F.L., Respondent



The opinion of the court was delivered by: DAWSON

This is a motion, brought on by order to show cause, for a preliminary injunction to restrain respondent, its agents, servants, and employees from picketing at the plant of Arnold Bakers, Inc. A hearing was held at which testimony was taken.

The testimony shows, without dispute, the following facts:

 (a) That for some years the Arnold Bakers Employees Association Independent has been the certified collective bargaining representative of the employees of Arnold Bakers, Inc. of all categories except clerical employees, professional employees, guards, and supervisors.

 (b) That on or about August 12, 1954, respondent, Local 50 of the Bakery and Confectionery Workers International Union of America (A.F. of L.) began picketing the premises of Arnold Bakers, Inc. The pickets carried signs indicating that this union wished the employees of Arnold Bakers, Inc. to join this A.F. of L. union.

 (c) On or about November 4, 1954, an election was held by the National Labor Relations Board to determine the collective bargaining representatives of the employees of Arnold Bakers, Inc. Respondent union admitted that at the time none of the employees were members of its union and did not ask to have its name placed upon the ballot for this election. An election was held and thereafter, on or about November 15, 1954, the National Labor Relations Board certified Arnold Bakers Employees Association Independent as the collective bargaining representative of these employees of Arnold Bakers, Inc.

 (d) Thereafter, on or about November 16, 1954, and continuing to the present time, respondent has maintained two pickets outside the premises of Arnold Bakers, Inc. carrying signs which read:

 'Please Do Not Buy

 Arnold's Products

 Arnold's Employees

 Have Refused to Join Local 50 of the Bakery and Confectionery Workers International Union Affiliated With The American Federation of Labor'

 'The working conditions at Arnold's are below 'Local 50' standards in other baking companies'

 (e) That since this picketing has been in existence, there has been no strike or slowdown of the employees of Arnold Bakers, Inc. nor has there been a refusal by anybody, whether shippers, users, or customers, to use or transport the goods of Arnold Bakers, Inc.; and the picketing has had no effect so far on the business of Arnold Bakers, Inc.

 Petitioner urges that the picketing is a violation of Section 8(b)(4)(C) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 158(b)(4)(C). This provision of the Act makes it an unfair labor practice for a labor organization or its agents --

 'to engage in, or to induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or ...


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