Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.
LUMBARD, C.J.: The National Labor Relations Board petitions for enforcement of its order directing the respondent, Local 50, Bakery and Confectionery Workers international Union, AFL-CIO, to cease and desist from violating § 8(b)(4)(C) of the National Labor Relations Act as amended, 61 Stat. 136 (1947), 29 U.S.C.A. § 158(b)(4)(C), by picketing the premises of Arnold Bakers, Inc., of Port Chester, New York. The Board found that the picketing was intended to induce and encourage a work stoppage to force Arnold Bakers to recognize or bargain with Local 50 when another labor organization had been certified as the representative of Arnold Bakers' employees.*fn1 Because we find no substantial evidence to support the Board's decision that Local 50's objective was to force Arnold to recognize or bargain with it and that the picketing was intended to induce a work stoppage, we deny enforcement.
Union rivalry at Arnold Bakers, Inc. has a long history. In February 1943, the New York State Labor Relations Board conducted a representation election at the plant in which Local 50 and its rival union, Arnold Bakers Employees Association, an independent, were the contestants. The Association won and in March 1943 was certified by the State Board as the representative.
In 1951 Local 50 began an intensive campaign to replace the Association as bargaining representative. On February 21 a meeting was held between Arnold and several AFL unions including Local 50 and Local 802 of the Bakery Drivers, in which Local 50 unsuccessfully urged Arnold to recognize it as bargaining agent for Arnold's employees. At a second meeting a few months later, in which the Association participated, the AFL organizations unsuccessfully tried to persuade the Association to affiliate with Local 50. The Association's representative contended that the employees did not wish to affiliate. The trial examiner found that the AFL organizations intimated picketing might ensue, but no picketing took place.
Through 1952 and 1953 Local 50 persisted in its efforts to persuade the Association to affiliate, but with no success. During the summer of 1954 Local 50 was engaged in an organizational drive in Westchester, and on August 9 at a meeting with the Association it again tried to entice the rival union into affiliating with it and again threatened to picket the plant. The Association, through its president, again refused, and thereafter, on August 12, two pickets appeared in front of Arnold's plant carrying placards which read:
LOCAL 50 BAKERY AND CONFECTIONERY WORKERS
INTERNATIONAL UNION OF AMERICA
AFFILIATED WITH AMERICAN FEDERATION OF LABOR
WANTS THE EMPLOYEES OF ARNOLD'S TO JOIN THEM TO GAIN UNION WAGES, HOURS AND WORKING CONDITIONS
HELP US TO ORGANIZE THESE EMPLOYEES BY BUYING UNION BAKED PRODUCTS
These pickets patrolled the length of the company's property line on Travers Avenue, in Port Chester, past the main entrance to the plant and office, and past the entrances to the shipping platform and to the employees' parking lot.
The pickets were instructed not to speak to employees about union activity, and to tell any truck driver who asked that no strike or lockout was in progress and that he should cross the picket line. The trial examiner found that "the purpose of this picketing was concededly to induce Arnold employees to join Local 50."
In September, Arnold officials talked several times with Local 50 representatives, and Local 50 urged Arnold to "sign up" with them threatening dire consequences if Arnold should refuse. Arnold did refuse, claiming that it could not dictate to its employees which union they should join; none of the threatened consequences followed. The Trial Examiner found that through half of October, the picketing "was peaceful, no employee or any employer refused to cross * * *, and except for the Robinson-Smiley incident*fn2 there were no conversations between employees and the pickets or other Local 50 representatives relating to the picketing activity."
On October 18, 1954, the Association filed a petition with the Board requesting certification. Local 50, because it had no representation among Arnold's employees, declined to participate. In the election held on November 4, 322 out of Arnold's 356 employees voted, and 306 of the ballots were for the Association. On ...