The opinion of the court was delivered by: HERLANDS
This motion for a temporary injunction is made by the National Labor Relations Board (N.L.R.B.), pursuant to Labor Management Relations Act, section 10(l), 29 U.S.C.A. § 160(l) (herein cited as L.M.R.A.).
Petitioner seeks to enjoin (pending N.L.R.B. hearing and decision) respondents from continuing certain acts alleged to be in violation of L.M.R.A. section 8(b)(4)(A) and (B), 29 U.S.C.A. § 158(b)(4)(A, B). Respondents are Local 707 and Local 1205, both affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL-CIO (herein respectively called Local 707 and Local 1205).
Upon the entire record, the Court makes the findings of fact and conclusions of law hereinafter set forth.
1. Petitioner is Regional Director of the Second Region of the Board, an agency of the United States, and filed the petition herein for and on behalf of the Board.
2. Respondents Local 707 and Local 1205, both affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL-CIO (herein respectively called Local 707 and Local 1205), are unincorporated associations and are labor organizations within the meaning of sections 2(5), 8(b) and 10(l) of the Act, 29 U.S.C.A. § 152(5), 158(b), 160(l). At all times material herein, respondents have been engaged within this judicial district in promoting and protecting the interests of their respective employee-members and in transacting business.
3. On or about August 12, 1957. Atlantic-Pacific Manufacturing Corporation (herein called A-P), pursuant to the provisions of the Act, filed an amended charge to a charge originally filed with the Board on July 2, 1957. Said amended charge alleged that respondents have engaged in, and are engaging in, unfair labor practices within the meaning of section 8(b), subsections (4)(A) and (4)(B) of the Act.
4. The said charges were referred to petitioner as Regional Director of the Second Region of the Board for investigation, and were investigated by petitioner and under his supervision.
5. A-P, a New York corporation, is engaged in the manufacture, sale and distribution of marine life-saving equipment. During the past year, it manufactured and shipped to points outside the State of New York, equipment valued at approximately $ 1,000,000.
6. There is, and petitioner has, reasonable cause to believe that:
(a) In June 1955, A-P employed 190 employees, of which five were truck drivers. Since on or about June 5, 1957, respondent Local 1205 has been picketing A-P for recognition as the collective bargaining representative of A-P's truck drivers. On June 10, 1957, respondent Local 1205 advised A-P that it represented a majority of the truck driver-employees of A-P and requested recognition and a contract from A-P for said truck drivers. On June 11, 1957, the truck driver-employees went on strike and picketed. On June 11, 1957, Local 1205 again requested an agreement from A-P for the truck driver-employees. On June 11, 1957, A-P filed a petition with the Board for representation for a unit of all of its employees, excepting statutory exclusions. On August 20, 1957, Local 1205 filed a petition with the Board for representation for a unit of the truck driver-employees only. Both petitions are presently pending and undetermined before said Board. Four of the five truck drivers were still on strike on August 27, 1957, the date of the hearing in these proceedings.
(b) At no time material herein, has respondent Local 1205 been certified as the collective bargaining representative of any of A-P's truck drivers.
(c) On June 26, 1957, other employees of A-P operated the A-P trucks for one day. Thereafter, A-P retained outside people to operate these trucks, one of whom was named Gallo and another named Mamolite.
(d) At all times material herein, Ralph Quinnonez, Edmund Brovarski, Sigmund Brovarski, John Dwyer, and Thomas Salvio were agents and representatives of respondent Local 1205.
(e) On June 26, 1957, an A-P truck (driven by Herman Hinsch, an employee of A-P) and on August 22, 1957, an A-P truck (driven by Mamolite, not an employee of A-P, but an independent contractor), both carrying freight of A-P, appeared at a loading platform at the foot of 26th Street, Brooklyn, which platform contained a sign 'Acme Fast Freight.' At said location, Acme employed three persons on a stagger system, with two employees present at a time. At least one of said employees was called 'assistant foreman' and was responsible for operating the station. Working at the same location, were persons who were employed by Delaware, Lackawanna and Western Railroad and who mingled with Acme employees.
On June 26, 1957, there were approximately ten persons on the Acme platform and in the shanty located on said platform. On that date, the above-mentioned Edmund Brovarski ordered, instructed, requested and appealed to employees of Acme to refuse to accept, handle or work upon A-P freight.
On August 22, 1957, there were several persons on the Acme platform handling, packing and unloading freight. On that date, the above-mentioned John Dwyer ordered, instructed, directed, requested and appealed to the employees of Acme to refuse to accept, handle or work upon A-P freight.
On both occasions, the A-P freight was accepted and handled by the persons on the Acme platform.
(f) On August 20, 1957, Mamolite, operating an A-P truck, attempted to make a delivery at Durkee Co., Inc., in New York City. Durkee Co., Inc. did not accept said delivery. However, there is no credible evidence that employees of Durkee were approached by respondents in an effort to induce them to refuse to handle A-P's freight.
(g) On June 28, 1957, on the bulkhead between Piers 20 and 21, North River, New York, the driver of an A-P truck handed sheets in the office window to George Fleischmann, a receiving clerk of Republic Carloading & Distributing Company.
The above-mentioned Thomas Salvio told Fleischmann that A-P was on strike and that he should stop receiving A-P freight. Fleischmann was alone in the office at the time. Fleischmann told Salvio that he could not stop receiving, but that one Mr. Heiselmann, his supervisor, was the man to see. Thereafter, Mr. Heiselmann appeared on the scene, took the freight papers from Fleischmann, and gave them back to the A-P driver, who left in the A-P truck.
(h) On June 28, 1957, Mamolite, operating a truck containing A-P merchandise, attempted to make delivery to Alan Transport Company, located at 422 Carlton Avenue, Brooklyn, New York. Respondent Local 1205 (acting through Ralph Quinnonez) ordered, instructed directed, requested and appealed to the employees of Alan to refuse to accept, handle or work upon said A-P freight. Alan did not accept the freight.
(i) Alan, at the date of the incident referred to in '(h),' supra, had a collective bargaining agreement with Local 816, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers, AFL-CIO. This agreement pertinently provided:
'It shall not be a violation of this Agreement and it shall not be cause for discharge if any employee or employees refuse to go through the picket line of a Union or refuse to handle unfair goods, nor shall the exercise of any rights permitted by law be a violation of this Agreement. The Union and its members, individually and collectively, reserve the right to refuse to handle goods from or to any firm or truck which is engaged or involved in any controversy with this or any other union; and reserve the right to refuse to accept freight from, or to make pickups from, or deliveries to establishments where picket lines, strikes, walkouts or lock-outs exist.'
(j) On August 19, 1957, an A-P truck (operated by employees of Mamolite) made a delivery of A-P freight to Wilson Freight Forwarding Company at Pier 22, East River, New York. Respondent Local 1205, acting through Ralph Quinnonez, ordered, instructed, directed, requested and appealed to an employee of Wilson to refuse to accept, handle, or work upon said A-P freight. The freight was nevertheless accepted.
(k) On August 19, 1957, Associated Transport, Inc., located on Washington Street, New York, refused to accept A-P freight. Herman Hirsch, production control manager of A-P, appeared at Associated. He heard the above-mentioned John Dwyer tell unidentified truck drivers not to patronize Associated because Associated was dealing with a scab outfit. There is lack of proof as to whom the said unidentified truck drivers worked for or whether they were employed by any particular firm. However, Hirsch saw Dwyer speaking to various persons whom he identified as Associated employees.
(l) On August 19, 1957, Associated had a collective bargaining agreement with respondent Local 707 covering drivers, platform men and other categories of workers, as particularly set forth in Section 3 of said agreement. Section 11 of said agreement provided:
'Chauffeurs or drivers shall make deliveries as required, except that they shall not be held responsible for losses occurring in making inside deliveries. However, an employee shall not be required to cross a picket line or deliver or receive freight from a business establishment at which a strike is being conducted.'
(m) On July 29, 1957, Mamolite, operating an A-P truck, attempted to deliver freight to RC Motor Lines in New York City. Respondent Local 1205, acting through the above-mentioned Quinnonez, ordered, instructed, directed, requested and appealed to employees of RC to refuse to accept, handle or work on A-P freight. The freight was refused. RC at all pertinent times had a collective bargaining agreement with respondent Local 707, which agreement contained a section numbered '11,' whose text and coverage were the same as that set forth in '(l),' supra.
(n) Respondent Local 707 is (and at all material times was) the collective bargaining representative of certain categories of workers employed by various firms in the New York area, which firms included Middle Atlantic Transport Company, Inc. and Terminal Cartage Corporation.
(o) In furtherance of respondent Local 1205's objectives -- as described in '6(a),' supra -- respondent Local 707 assisted Local 1205 as follows: Local 707 requested Middle Atlantic and Terminal to embargo A-P freight and also requested Local 707 members employed by Middle Atlantic and Terminal to refuse to handle A-P freight.
(p) On June 28, 1957, A-P trucked freight to Terminal. One Plauska (a Local 707 shop steward at Terminal) was informed by one James Flanagan (a Local 707 shop steward working at Middle Atlantic) that A-P was on strike. Thereupon, Plauska told the Terminal platform men (who were Local 707 members) that A-P freight was unacceptable. Said A-P freight was accordingly refused.
(q) One Glenn Jackson is a non-union billing clerk employed by Middle Atlantic. On June 28, 1957, an A-P truck sought to deliver freight to Middle Atlantic. The above-mentioned Flanagan told Jackson to 'hold up on the freight until he got word.' One-half hour later, Flanagan came back and told Jackson 'to give the freight back because it is strikebound freight.' Jackson returned the Freight ...