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MCLEOD EX REL. NLRB v. DISTRICT 65

June 1, 1962

Ivan C. McLEOD, Regional Director of the Second Region of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
DISTRICT 65, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO, Respondent



The opinion of the court was delivered by: BRUCHHAUSEN

On or about April 3, 1962, the Eastern Camera and Photo Corp., (hereinafter called Eastern or the employer) filed a charge with the National Labor Relations Board, alleging that the respondent District 65, Retail, Wholesale and Department Store Union, AFL-CIO, a labor organization (hereinafter called the Union) was and had been engaged in unfair labor practices within the meaning of Section 8(b)(7)(C) of the National Labor Relations Act, 29 U.S.C.A. § 158(b)(7)(C).

Pursuant to Section 10(l) of said Act: 29 U.S.C.A. 160(l), the Board caused a preliminary investigation to be made. Concluding that there was reasonable cause to believe the truth of the charges, a petition was filed on May 4, 1962, in this court by the Board for the issuance of an injunction, pending final disposition of the charges by the said Board.

 On that day this Court issued a temporary restraining order herein.

 The issues now before this court for determination are whether there is reasonable cause to believe that the violation charged was committed and whether it is just and proper to grant such injunction. A hearing on the petition commenced on May 9, 1962 and was concluded on May 18, 1962. May 22nd was fixed as the date for the filing of additional briefs.

 Considerable trial time could have been spared if the respondent had observed the rule of Madden v. International Hod Carriers, 7 Cir., 277 F.2d 688, cert. denied in 364 U.S. 863, 81 S. Ct. 105, 5 L. Ed. 2d 86. The Union persisted in its attempts to establish matters solely within the province of the National Labor Relations Board. Voluminous offers of proof were made by it on this score until this Court after what it considered the exercise of a fair degree of patience, suggested their discontinuance. In Madden it was unmistakably held that the scope, conduct or extent of the preliminary investigation by the said Board are not relevant in a Section 10(l) proceeding, such as is now before this Court.

 The following facts are found:

 1. On March 29, 1962 three employees of Eastern were discharged.

 2. Commencing on March 31, 1962, agents of the Union picketed and caused others to picket stores of Eastern, the employer.

 3. On or about April 3, 1962 the aforesaid charge, made by the employer against the Union was filed with the said Board and referred by it to the petitioner.

 4. The Board caused the said investigation to be made.

 5. On May 4, 1962, the said Board filed the said petition in this Court.

 6. The said picketing continued from March 31, 1962 to May 4, 1962, the date when this Court issued the said temporary restraining order.

 7. The Union is not and was not certified as the representative of any of Eastern's employees.

 8. On April 26, 1962, the Union filed a petition for an election under Section 9(c) of the said Act, 29 U.S.C.A. 159(c).

 9. Petitioner is Regional Director of the Second Region of the said Board, an agency of the United States, and filed the said petition ...


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