The opinion of the court was delivered by: DUFFY
Sidney Danielson, Regional Director for Region 2 of the National Labor Relations Board (hereinafter "NLRB") has petitioned on behalf of the NLRB for an order pursuant to § 10(l) of the National Labor Relations Act (hereinafter "NLRA"), 29 U.S.C. § 160(l), enjoining (1) the Fur Dressers, Local No. 2F, (2) the Fur and Floorworkers Union, Local 3, and (3) the Joint Board of Fur Leather and Machine Workers, all of the Amalgamated Meat Cutters and Butchers Workmen of North America, AFL-CIO, from engaging in conduct allegedly violative of § 8(b)(4)(ii)(B) of the NLRA, 29 U.S.C. § 158(b)(4)(ii)(B).
The facts giving rise to the petition were presented at a hearing before me and are as follows. South American Fur and Skin Co., Inc. (hereinafter "South American"), a New York corporation, imports furs and skins from Southern Skin Trading Corp. (hereinafter "Southern Skin"), an Argentinian corporation. Apparently, according to Argentinian law, a maximum of 20 per cent of the skins exported by a given company can be "raw" or unprocessed skins. The balance of skins exported must first be "dressed" or processed. Since coming into existence in April of 1975, South American has imported dressed skins.
Pursuant to an agreement with Mirode Co., a New Jersey company, South American sends the imported dressed skins to Mirode for some additional processing before selling the skins to manufacturers. Mirode apparently has a collective bargaining agreement with a local of the International Brotherhood of Teamsters. Respondent Locals 2F and 3 at one time had been involved in a representation dispute with Mirode which had occasioned the filing by Mirode, with the Newark office of the NLRB, of an unfair labor practice charge against the two locals. That dispute was settled by a consent order without any finding or admission of culpability by the locals.
In late April and early May, Philip Fabrykant, President and sole employee of South American, was approached on various occasions by Henry Foner, the president of respondent Joint Board of Fur Leather and Machine Workers, by Jack Mazin and Seymour Sobin of Local 2F, and by Paul Catani of Local 3, all of whom expressed displeasure with South American's importation of dressed skins. According to Mr. Fabrykant the representatives of respondents warned him that he would have "trouble", that customers would return skins as defective, and that the unions would picket his business if the importation of dressed skins was not curtailed.
There was also a suggestion that Fabrykant send the dressed furs out to union shops for additional processing at the full cost of dressing, in which case no picketing would be caused by the union organizers. Fabrykant apparently rejected this suggestion as economically infeasible.
On May 8, 1975 the respondents commenced picketing South American. The signs read:
Don't Buy Argentine Dressed Fur Skins Sold by South American Fur & Skin Company
Local 2F and 3F, Joint Board, AMC
This is an appeal to consumers and customers and not to employees.
According to respondents, their picketing was prompted by a desire to preserve and create jobs for members of the unions in an allegedly dying industry. Various union and industry members testified to the attrition over recent years in the number of jobs and work available to fur dressers in New York.
On May 9, 1975, when Mirode employees came to pick up some skins, Mazin and Catani allegedly warned Fabrykant that if he allowed the skins to leave the store that Fabrykant would be "a dead man in the market." On May 12, 1975, when Mirode employees returned with the skins a fight developed between the pickets and the Mirode employees.
At the hearing on the petition, respondent Locals 2F and 3 agreed to the entry of an order enjoining them from engaging in any violence, interfering with pickups and deliveries, and from blocking the ingress or egress from South American.
They argued that the basis for their consent was that the incidents mentioned above would not be repeated and should ...