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DANIELSON EX REL. NLRB v. LOCAL 323

March 16, 1973

Sidney Danielson, Regional Director, Region 2 of the National Labor Relations Board, For and on Behalf of the National Labor Relations Board, Petitioner
v.
Local 323, United Brotherhood Of Carpenters And Joiners Of America, AFL-CIO et al., Respondents


Pierce, D.J.


The opinion of the court was delivered by: PIERCE

Memorandum Opinion

PIERCE, D.J.:

 This case came on to be heard upon the verified petition of the Regional Director of the National Labor Relations Board (hereinafter "Board") for a temporary injunction pursuant to Section 10(l) of the National Labor Relations Act (hereinafter "Act"), 29 U.S.C. § 160(l), pending the final determination of this matter before the Board.

 A hearing on the issues raised by the petition was held on February 15, 16, 20, 22, 23, 1973. All parties were afforded an opportunity to be heard, to examine and cross examine, to present evidence bearing on the issues, and to argue on the evidence and the law. The Court has fully considered the petition, evidence, arguments and briefs of counsel. Upon the entire record, the Court makes the following:

 Findings of Fact

 1. Petitioner is the Regional Director, Region 2, of the Board, an agency of the United States, and files this petition for and on behalf of the Board.

 2. Jurisdiction of this Court is invoked pursuant to Section 10(l) of the Act, 29 U.S.C. § 160(l).

 3. On January 10, 1973, S.B. Apartments, Inc., (hereinafter "S.B."), pursuant to the provisions of the Act, filed a charge with the Board alleging that respondents above-named, labor organizations, have engaged in, and are engaging in unfair labor practices within the meaning of Section 8 (b) (7) (C) of the Act. On January 22, 1973, S.B. filed an amended charge for the purpose of excluding Local 137, International Union of Operating Engineers, AFL-CIO as a respondent. At the hearing on February 22, 1973, counsel for Respondent Local 323, United Brotherhood of Carpenters and Joiners of America, AFL-CIO signed a Stipulation whereby said Local 323 agreed to, inter alia, discontinue its current picketing of the charging party. The Court approved this Stipulation on February 22, 1973.

 4. The aforesaid charges were referred to petitioner as Regional Director of Region 2 of the Board.

 5. There is, and petitioner has, reasonable cause to believe that:

 a. The respondents, Laborers Local 275, Masons Local 55 and Painters District Council No. 20, are unincorporated associations in which employees participate and which exist for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. At all times material herein, each respondent has had its office and has been engaged in transacting business and in promoting and protecting the interests of its employee members within this judicial district.

 b. S.B., a New York corporation, with its main office located at 576 South Road, Poughkeepsie, New York, is the owner of real estate at the corners of Fair Street and Northern Avenue in the village of Cold Spring, New York, (hereinafter called the "job site"), upon which a 63 unit garden apartment project in 7 buildings is being constructed on a 500' by 500' area. During the past year, S.B. purchased in excess of $50,000 worth of building materials from Miron Lumber Corporation, Poughkeepsie, New York, (hereinafter called "Miron"), of which in excess of $50,000 of said building materials originated outside the State of New York.

 c. James A. Klein, Inc., (hereinafter "Klein"), a New York corporation, with its main office located at 576 South Road, Poughkeepsie, New York, is engaged in the building construction business as a general contractor. During the past year, Klein purchased in excess of $50,000 worth of building materials from Miron, of which in excess of $50,000 of said building materials originated outside the State of New York.

 d. S.B. and Klein are, and at all times material herein, have been affiliated businesses with common officers, ownership, directors and operators, and constitute a single integrated business enterprise; the said directors and operators formulate and administer a common labor policy for the aforenamed companies, affecting the employees of said companies.

 e. At all times material herein and since October, 1972, Klein has been the general contractor in connection with the construction of apartment houses at the job site.

 f. S.B. and Klein, as an integrated business enterprise, are, and have been, at all times material herein, an employer within the meaning of Section 2(2) and 8(b) (7) of the Act and will be hereinafter referred to collectively as the "employer" or "charging party."

 g. None of respondents is currently certified as the representative of any of the employer's employees.

 h. No charge has been filed with the Board under Section 8(a) (2) of the Act alleging that the employer has unlawfully recognized or assisted any labor organization.

 i. On October 31, 1972, respondent Local 323, Carpenters, by its representative Alfred Papo; respondent Local 275, Laborers, by its business manager, Walter Booth; respondent Painters No. 20, by its representative Fred W. Schrimpe; and respondent Local 55, Bricklayers, by its representative Jack J. Gioacchini, and by various other representatives of craft unions, told representatives of the employer that the job at the job site had to be 100 percent union and attempted to ...


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