The opinion of the court was delivered by: DAWSON
This proceeding comes before the Court upon a petition filed by the Regional Director of the National Labor Relations Board pursuant to Sec. 10(l) of the National Labor Relations Act, as amended (herein called the Act), Sec. 160(l) of Title 29 U.S.C.A., for a temporary injunction restraining the respondent, pending final disposition of the matter before the National Labor Relations Board, from engaging in, or inducing or encouraging individuals employed by the New York Herald Tribune, the New York Mirror or the New York Journal American to engage in a strike or refusal in the course of their employment to use, manufacture, process, transport or work on any goods, articles, materials or commodities, or to refuse to perform any services, where the object is to force or require the aforesaid New York Herald Tribune, the New York Mirror and the New York Journal American, or any other person, to cease using, handling, selling, transporting or otherwise dealing in the products of, or to cease doing business with, Neo-Gravure Printing Company.
The charge alleges that the respondent is engaged in an unfair labor practice within the meaning of Sec. 8(b)(4) of the Act, which makes it an unfair labor practice for a labor organization or its agents
'to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use * * * transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services * * * where in either case an object thereof is: '(B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person * * *'
The petition is predicated upon the conclusion of the Board that it has reasonable cause to believe that the respondent is engaged in an unfair labor practice and that a Board complaint should issue thereon. An order to show cause was issued by the Court, including at temporary restraining order. A hearing has been held and testimony taken.
The Court makes the following findings of fact:
1. The charge filed with the Board in this matter was filed by the Publishers' Association of New York City (herein called the Association). The Association is an organization composed of employers who are engaged in New York City in printing and publishing daily and Sunday newspapers. Among the members of the Association are the New York Herald Tribune, Inc. (herein called 'Tribune'), New York Mirror, Division of Hearst Corporation (herein called 'Mirror') and New York Journal American, Division of Hearst Consolidated Publications, Inc. (herein called 'Journal American').
2. The Tribune is engaged in New York City in printing, publishing and distributing a daily and Sunday newspaper known as the 'New York Herald Tribune.' The weekly circulation of the Sunday edition, which contains a section known as 'Today's Living,' is approximately 555,000, including distribution to points and places outside the State of New York.
3. Mirror is engaged in New York City in the printing, publishing and distribution of daily and Sunday newspapers respectively known as the 'Daily Mirror' and 'Sunday Mirror.' The 'Sunday Mirror' includes a section entitled 'New York Mirror Magazine' and is distributed throughout the United States and certain foreign countries.
4. Journal American is engaged in New York City in the printing, publishing and distribution of daily and Sunday newspapers called 'Journal American.' The Sunday edition includes a section known as 'The American Weekly,' which is distributed throughout the United States and Canada.
5. Respondent, the New York Mailers' Union No. 6, is a labor organization engaged within this judicial district in transacting business and promoting its interests. It is the bargaining representative of certain employees employed in the mail rooms of the Tribune, Mirror and Journal American.
6. Among the duties of such mail room employees of the Tribune, Mirror and Journal American is the handling in preparation for shipment of the aforesaid Sunday supplements 'Today's Living,' 'New York Mirror Magazine' and 'The American Weekly,' which are distributed as part of the respective Sunday editions of the aforesaid newspapers. It is essential that a large percentage of these sections be shipped well in advance of the issue date in order to accomplish full distribution of the complete paper. The flow of distribution of these papers is a continuing one, scheduled throughout the week.
7. Neo-Gravure Printing Company (herein called Neo-Gravure) is a person engaged in commerce having its principal place of business in Weehawken, New Jersey, where it is engaged in the printing industry. At all times material hereto and since prior to February 20, 1961, Neo-Gravure has engaged in the printing of 'Today's Living' for the Tribune, the 'New York Mirror Magazine' for the Mirror and 'The American Weekly' for the Journal American, and has been printing such Sunday supplements for these newspapers pursuant to contracts with those newspapers and shipping them to the offices of the newspapers in New York City.
8. Sometime prior to February 20, 1961, respondent New York Mailers' Union No. 6 has had a labor dispute with Neo-Gravure and beginning February 20, 1961 called a strike against Neo-Gravure. The strike apparently has not been particularly effective. Neo-Gravure has continued to print the aforesaid Sunday supplements and to have them delivered to the offices of the respective newspapers in New York City. At no material time herein has respondent labor union had any labor dispute with the Tribune, Mirror or Journal American.
9. Nevertheless, in furtherance of the aforesaid dispute with Neo-Gravure, respondent labor union since on or about February 20, 1961, has ordered, requested and appealed to its members employed in the mail rooms of the Tribune, Mirror and Journal American not to perform services for their respective employers in connection with the handling of the aforesaid Sunday ...