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February 4, 1977

Norman Goldfarb, Acting Regional Director of the Third Region of the National Labor Relations Board, Petitioner
Service Motor Freight, Inc., Respondent

Munson, D.J.

The opinion of the court was delivered by: MUNSON


This is a motion brought by the National Labor Relations Board (hereinafter "NLRB") on behalf of Local 294 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter "Local 294") to enjoin, pursuant to 29 U.S.C. § 160(j), allegedly unfair labor practices being committed by the Respondent, Service Motor Freight, Inc. (hereinafter "Service"). Specifically, the NLRB claims that Service prematurely recognized Teamsters Local 807 as the bargaining agent for Service's Feura Bush operations, and subsequently engaged in practices aimed at encouraging its employees, many of whom belonged to Local 294, to join Local 807. The Petitioner prays for an injunction restraining Service from recognizing Local 807, and from committing any acts tending to foster Local 807's position as the recognized bargaining agent for Service's Feura Bush employees.

 Findings of Fact

 1. Respondent Service is a common carrier engaged in interstate trucking, as are B. L. Motor Freight (hereinafter "B.L.") and Harry L. Blades (hereinafter "Blades"), the three carriers being subsidiaries of Capital Corporation. Service drivers are divided into two classes, those being "spotters" and "over-the-road haulers". Spotters generally transfer loaded truck trailers from the manufacturer's loading dock to a nearby point where they are "dropped" and left to be picked up by over-the-road drivers. Those drivers then deliver them to their ultimate destinations. Service's Feura Bush road drivers generally deliver loads to several different states. Upon completing delivery of a load, a road driver then calls a central dispatch (now located in Newark, Ohio), and may be assigned either a return load or one to another destination. In this way, a driver may be "in the system" for up to two weeks before returning to Feura Bush, and could travel anywhere in the forty-eight continental United States.

 2. A total of six facilities are maintained by Respondent Service, one in Maryland, three in New Jersey, and two in New York. The New York facilities are located in Tallman and Feura Bush, the latter exclusively servicing Owens-Corning Fiberglass. *fn1"

 3. At the present time, Service employees based in New York and Maryland are represented by Teamster's Local 807, while Service drivers based in New Jersey are represented by Teamster's Local 676.

 4. Walter Carpenter is the Manager of Road Operations for the Eastern Division of Capital Corporation operations. As such, he serves as Supervisor for Blades, Service, and B.L.

 5. Gerald M. Spayde serves as the Manager of Road Drivers for the Eastern Division of Capital Corporation.

 6. Francis "Whitey" Carlton is the Service Operations Manager, serving as Operations Manager of the Feura Bush facility. While the drivers rarely see Carlton more than one or two times a week, they receive their orders from him. It is Carlton who authorizes their days off and reprimands them when required.

 7. Sometime in May of 1976, Lawrence Gilbert, a representative of Local 807, approached Carpenter, seeking recognition of that Local as bargaining agent for all Service drivers based in New York. The basis for the request was the fact that four of the five drivers then employed by Service at the Tallman facility had joined Local 807, as evidenced by Exhibits C, D, E and F. The request was verified by a letter sent by Gilbert to Carpenter on May 28, 1976 (Exhibit 8).

 8. By letter dated June 4, 1976, Service recognized Local 807 as bargaining agent for the employees based at Tallman, New York (Exhibit 7). There was a total of five drivers employed by Service at Tallman at the time.

 9. On June 8, 1976, Service, by letter, (Exhibit 9) granted recognition of Local 807 as bargaining representative of Service drivers at Feura Bush, New York, although, at the time, there were no Service drivers at Feura Bush.

 10. On June 25, 1976, following negotiations, two separate but identical (in content) collective bargaining agreements were reached by Service and Local 807, covering the Tallman and Feura Bush facilities (Exhibits 10 and 11). On that date, there were five Service employees at Tallman and eight at Feura Bush. 11. The following drivers were hired by Service for (or transferred to) the Feura Bush facility; also noted is any prior union affiliation. DATE INTERVIEW PRIOR NAME STARTED INTERVIEWED BY DATE UNION Howley 6/20/76 Carpenter 5/76 L. 676 Ballard 6/15/76 Carpenter/Spayde Brock 6/21/76 Carpenter 3/76 L. 294 Meigs 6/24/76 Spayde 3/76 L. 294 Lejeunesse 6/29/76 Spayde/Carpenter 4/1/76 L. 294 Horton 6/24/76 Spayde/Carlton 6/16/76 Naylor 7/1/76 Carlton 6/76 Albany Local Champagne 7/1/76 Carlton/Spayde/Carpenter 6/30/76 L. 294 *fn2" Clark 7/76 Spayde L. 294 Scott 6/24/76 Spayde L. 294 Pittz 8/16/76 8/10/76 L. 294 Berdon 8/24/76 Carlton 8/9/76 L. 294 McGoff 8/19/76 Carlton/Spayde 8/16/76 L. 294

 12. When originally interviewed for the job with Service, many of the drivers were told that the Feura Bush operation would be non-union. Others were informed that it would be a union shop, but it was unknown what local would be involved.

 13. After reporting to Feura Bush, the drivers were given packets containing various items relating to membership in Local 807 (Exhibit 1), generally by Carlton. The drivers were asked to fill them out and return them. Among those ...

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