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National Labor Relations Board v. Local 182

January 28, 1963

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
LOCAL 182, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, RESPONDENT.



Author: Friendly

Before LUMBARD, Chief Judge, SWAN and FRIENDLY, Circuit Judges.

FRIENDLY, C.J.: The National Labor Relations Board seeks enforcement of an order, 135 NLRB No. 90, finding that Local 182, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, hereafter the Union or the respondent, violated § 8(b)(7)(B) of the National Labor Relations Act, 29 U.S.C. § 158(b)(7)(B), added by the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 519, which prohibits "recognitional" or "organizational" picketing within twelve months after a valid election.*fn1 The order, entered February 5, 1962, required the Union to cease and desist from such picketing (a) "for a period of one year from March 1, 1961", and (b) "where within the preceding twelve months a valid election under 9(c) of the Act has been conducted which the Respondent did not win." We grant enforcement.

Woodward Motors, Inc. (hereafter Woodward, the Company or the employer) is engaged, in upstate New York, in the sale and servicing of automobiles procured from outside the state. On August 1, 1960, the Union informed Woodward that it represented a majority of the Company's employees and requested negotiations. After polling its 15 employees, Woodward, on August 8, recognized the Union as representative of the employees in a specified unit, agreed to enter into negotiations and to establish union shop conditions in the meantime, and further agreed to submit to arbitration the discharge of one Gorecki on August 2. Some seven bargaining sessions were held, without result. On September 21, Woodward received a petition signed by eight of the employees stating that they did "not want to become associated with the Local Teamsters Union" but did "want to form our independent shop union." At the next scheduled bargaining session, Woodward informed the Union that, in the light of the petition, it could not continue to negotiate. On October 5 the Union filed charges alleging violation by the Company of § 8(a)(1), (2), (3) and (5) - because of a refusal to bargain, the discriminatory discharge of Gorecki, and unlawful assistance to the "independent" union. Woodward countered on October 7 with a petition for an election.

Beginning on October 10, 1960, representatives of the Union appeared at the entrance to the Company's property, carrying signs:

WOODWARD MOTORS, INC.

UNFAIR LABOR PRACTICE AND

VIOLATION OF AGREEMENT

PICKET LINE

UNFAIR

TO ORGANIZED

LABOR

DO NOT PATRONIZE

TEAMSTERS-CHAUFFEURS

WAREHOUSEMEN & ...


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