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KAYNARD EX REL. NLRB v. LOCAL 25

December 19, 1973

Samuel M. Kaynard, Regional Director of Region 29 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner
v.
Local 25, International Brotherhood Of Electrical Workers, AFL-CIO, Respondent


Bartels, D.J.


The opinion of the court was delivered by: BARTELS

BARTELS, D.J.:

This case presents the question as to whether peaceful picketing of a job site allegedly for the sole purpose of informing the public that an employer is paying substandard wages and benefits, can be temporarily enjoined on the ground that it also constitutes, in fact, a secondary boycott or an inducement to strike in furtherance of a jurisdictional dispute.

 The case is before the Court on petition of the Regional Director of Region 29 of the National Labor Relations Board ("the Board"), pursuant to § 10(l) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(l) ("the Act"), for a temporary injunction pending the final disposition of the matters involved herein pending before the Board on charges filed on November 12, 1973. The complaint was filed by Charlane Electric Co., Inc., doing business as Unity Electric Co. ("Unity"), alleging that respondent, Local 25, International Brotherhood of Electrical Workers, AFL-CIO ("Local 25"), has engaged in unfair labor practices within the meaning of § 8(b) (4) (i) (ii) (B) and (D) of the Act, *fn1" which sections proscribe secondary boycotts and threats, and strikes or inducements to strike in furtherance of, or support of, jurisdictional disputes.

 The Board maintains that in accordance with the provisions of § 10(l) a temporary injunction must be granted because there exists reasonable cause to believe that picketing engaged in by Local 25 between November 12 and November 26, 1973, was an unfair labor practice in violation of the Act. Local 25 denies the existence of reasonable cause to believe that such picketing was for any other purpose than the permissible one of informing the public that the electrical workers employed by Unity were receiving wages and benefits below the standard wages and benefits received by other electrical employees performing similar work in the same area. The following facts appear to be undisputed:

 (1) Local 25, an unincorporated association, is an organization in which employees participate and which exists 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. It maintains its principal office at Pinelawn Road, Melville, New York, and at all times material herein has been engaged within this judicial district in transacting business and in promoting and protecting the interest of its employee members.

 (2) Highland Construction Corporation ("Highland"), a New York corporation, maintains its principal place of business at 29 North Mall, Plainview, New York, and places of business at various construction sites, where it is engaged in the business of general construction contracting. During this year Highland purchased lumber, steel, hardware, and other products, valued in excess of $50,000, directly from firms located outside the State of New York.

 (3) Unity, a New York corporation, maintains its principal place of business at 2386 Hempstead Turnpike, East Meadow, New York, and places of business at various construction sites, where it is engaged in the business of electrical subcontracting in the construction industry.

 (4) Since on or about May 21, 1973, Highland has performed as general contractor for the construction of a restaurant building to contain two restaurants, Coco's and Plankhouse, at the Lake Grove Shopping Center, Smithtown, New York ("Highland site"). On June 1, 1973, Highland entered into a subcontract with Unity, under which Unity is to perform all the electrical work at the restaurant-building site. Unity's employees are represented for purposes of collective bargaining by Local 363, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("Local 363"). Unity was until November 14, 1973, covered by a contract with Local 363. The parties are presently negotiating a new labor contract.

 (5) Highland directly employs carpenters at the job site, who are represented by the Brotherhood of Carpenters. It also employs one laborer, who is represented by the Laborers Union, at the job site. Highland additionally has engaged union subcontractors to work at the job site. In this case the subcontractors were Unity; Samuel Vernick and Sons, Inc., plumbing contractors, with employees represented by the Plumbers Union; S & S Automatic Sprinkler Co., Inc., sprinkling-system contractors, with employees represented by the Steamfitters; Triple-S Sheet Metal Co., Inc., sheet-metal contractors, with employees represented by Local 55, Sheet Metal Workers; Spring Glen Concrete Corp., concrete contractors, with employees represented by the Cement Mason union; RBR Excavating Corp., excavation contractors, with employees represented by the Operating Engineers; and H. Klein & Sons, Inc., roofing contractors.

 (6) Employees of the various employers, including Unity, began working at the Highland site on or about June 4, 1973, and continued to November 12, 1973.

 (7) Beginning about 7:30 A.M. on November 12, 1973, Local 25 placed five pickets on Nesconset Highway and Collectors Road, which are roughly parallel and which border the Highland job site. The signs read:

 TO THE PUBLIC

 ELECTRICIANS

 Working On This ...


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