AIA, the corporation could not continue in business. See Braun Aff. P 12.
In late July 1996, Local 78 representative Sal Speziale reiterated Mr. Kedzior's previous demand that AIA enter into a collective bargaining agreement with the union. Mr. Braun again refused the union's demand. Mr. Speziale then stated that the union would have to resort to "other methods" to change AIA's position.
In August 1996, Mr. Speziale and representatives of General Building Laborers Local 79, also affiliated with Mason Tenders District Council of Greater New York and the Laborers' International Union of North America, AFL-CIO ("Local 79"), together with approximately forty supporters of those labor organizations, picketed AIA at a job site on 180 Water Street, New York, New York, where AIA was performing asbestos removal work. The picketers blew whistles and screamed "union yes." Petitioner contends that the picketers also blocked entrances to the job site for one day.
Local 78 representatives Tim Warrington and Kazmir Proznuiuski, at AIA's job site at 180 Water Street, thereafter demanded of Bruce Carley, Senior Project Manager of AIA, that AIA enter into the collective bargaining agreement with Local 78. Mr. Carley responded that he was not in a position of authority to comment on that situation on AIA's behalf. Thereafter, on nearly every day in August 1996, Local 78 and Local 79 representatives approached Mr. Carley at the job site at 180 Water Street as well as at other job sites and told him that they would not cease their demands of him until AIA signed a collective bargaining agreement with Local 78.
Local 78 continued its demands of AIA through its representative Tim Warrington at an AIA jobsite at 535 Fifth Avenue in mid-August 1996. Mr. Warrington also sought to compel a representative of Axiom Real Estate Management, the company which had hired AIA to do asbestos removal, to remove AIA from the job by threatening to picket the jobsite if such action was not taken.
In September 1996, AIA entered into an asbestos removal contract with Northrup Grumman Corporation ("NGC") concerning premises in Bethpage, New York. By letter dated September 1996, Local 78's attorney, Andrew Gorlick, wrote to NGC, informing that corporation that the Mason Tenders District Council of Greater New York (the "Mason Tenders"), of which Local 78 is a part, sought a collective bargaining agreement with AIA. Mr. Gorlick further informed NGC that the Mason Tenders would not authorize the site-specific agreement AIA had requested in order to be permitted to work on the NGC project.
Also in September 1996, AIA began working on an asbestos removal project for Ahern Contractors Corp. at 33 West 42nd Street, New York, New York. Starting in October 17, 1996 and continuing to November 22, 1996, Local 78 and approximately twenty supporters and representatives, dressed in asbestos removal or "Tyvex" suits, picketed the main entrance to the job site. The picketers held a variety of signs, four of which read:
PLEASE DO NOT PATRONIZE. AIA DOES NOT HAVE A CONTRACT
WITH LOCAL 78.
AIA WORKING NON-UNION
Local 78 did not file a petition under § 9(c) of the NLRA with respect to the picketing described above.
At the time Local 78 made its demands that AIA enter into the collective bargaining agreement, Local 78 did not represent a majority of AIA's employees. Nor are AIA employees currently represented by Local 78. Respondent expressly concedes that "at all times relevant to the determination that must be made by the Court . . . , its picketing of AIA at 33 West 42nd Street had a recognitional objective." Respondent's Mem. at 2.
CONCLUSIONS OF LAW
Under § 10(l) of the NLRA, the Regional Director of the NLRB is required to seek injunctive relief from the district court if the director reasonably believes that a violation of the NLRA has occurred. See 29 U.S.C. § 160(l). Once such an application is made, it is then for the Court to determine (1) if the Regional Director has "reasonable cause to believe" that the labor organization engaged in an unfair labor practice and (2) if so, whether the unfair labor practice poses a real danger to the public interest such that issuance of the injunction would be "just and proper." See Kaynard v. Palby Lingerie, Inc., 625 F.2d 1047 (2d Cir. 1980); Ahearn v. Freight Drivers, Helpers, Dockmen and Allied Workers Local Union No. 375, 1992 U.S. Dist. LEXIS 18870, No. 92 Civ. 756S, 1992 WL 373537, at *5 (W.D.N.Y. 1992); see also Danielson v. International Org. of Masters, Mates & Pilots, AFL-CIO, 521 F.2d 747 (2d Cir. 1975) ("In determining whether an injunction under § 10(l) should issue, it is well settled that the district court need not decide that an unfair labor practice has actually occurred but merely must decide whether the Board has reasonable cause to believe there has been a violation of the act."). In making this determination, the Regional Director's finding of "reasonable cause" is entitled to considerable deference. See Danielson v. Joint Bd. of Coat, Suit & Allied Workers' Union, ILGWU, 494 F.2d 1230, 1245 (2d Cir. 1974). "With respect to issues of fact, the Regional Director 'should be given the benefit of the doubt,' and on questions of law, the Board's view should be sustained unless the court is convinced that it is wrong." Kaynard, 625 F.2d at 1051 (quoting Seeler v. Trading Port, Inc., 517 F.2d 33, 37 (2d Cir. 1975) and citing Danielson, 494 F.2d at 1244 & n.22).
A. "Reasonable Cause"
With respect to the first issue of whether the Regional Director had reasonable cause to believe Local 78 violated the NLRA by picketing AIA's job sites, it is necessary to examine NLRA § 8(b)(7)(C). That section provides that it is an unfair labor practice for a labor organization to:
picket . . . any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative, unless such labor is currently certified as the representative of such employees: (C) where such picketing has been conducted without a petition under § 9(c) being filed within a reasonable period of time not to exceed thirty days from the commencement of such picketing. . . .