Warehousemen And Distribution Workers Union

WAREHOUSE AND DISTRIBUTION WORKERS UNION 743 Accordingly, we find that the Paperhandlers is not lawfully en- titled to require the News to assign the disputed work to the News' employees who are members of the Paperhandlers rather than to other employees who are members of Teamsters Local 807. DETERMINATION OF DISPUTE Upon the basis of the foregoing findings and the entire record in this case, the Board makes the following determination of dispute pursuant to Section 10 (k) of the Act : 1. Paperhandlers' & Straighteners' Union No. 1, International Printing Pressmen & Assistants' Union, AFL-CIO, is not, and has not been, lawfully entitled to force or require News Syndicate Co., Inc., to assign the work in dispute to members of the Paperhandlers rather than to members of any other labor organization. 2. Within 10 days from the date of this Decision and Determination of Dispute, Paperhandlers' & Straighteners' Union No. 1, Interna- tional Printing Pressmen & Assistants' Union, AFL-CIO, shall notify the Regional Director for the Second Region in writing, whether or not it accepts the Board's determination of this dispute and whether or not it will refrain from forcing or requiring News Syndicate Co., Inc., by means proscribed by Section 8(b) (4) (D) of the Act, to assign the work in dispute to members of the said Union rather than to other employees who are members of Teamsters Local 807. Warehouse and Distribution Workers Union, Local 688, affiliated with International Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America and Bachman Machine Company. Case No. 14-CC-114. August 27, 1959 SUPPLEMENTAL DECISION AND ORDER On October 10, 1958, the National Labor Relations Board, with one member dissenting, issued its Decision and Order in the above- entitled proceeding dismissing a complaint, based on charges filed by Bachman Machine Company which alleged that the Respondent, Warehouse and Distribution Workers Union, Local 688, affiliated with International Brotherhood of Teamsters, ^Chaufteurs, Ware- housemen and Helpers of America, had violated Section 8(b) (4) (A) of the National Labor Relations Act.' More specifically, the Board found that the Union's picketing of Bachman Machine Company in furtherance of its economic strike against Plastics Molding Company, the primary employer with which 1121 NLRB 1229. 124 NLRB No. 98. 744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union had a dispute arising out of contract negotiations, was not illegal action proscribed by Section 8(b) (4) (A) of the Act. The basis for the Board's conclusion was that, because of the common own- ership, and common control over labor policies of Plastics Molding Company and Bachman Machine Company, the two employers consti- tuted a single employer for the purposes of Section 8(b) (4) (A). Thereafter, the case was considered by the United States Court of Appeals for the Eighth Circuit upon Bachman Machine Company's petition for review of the Board's Order of dismissal. On May 15, 1959, that court set aside the Board's Order.2 In so doing, the court ruled that the Board erred in finding that the two companies were a single employer for the purposes of Section 8(b) (4) (A). Accordingly, the court remanded the case to the Board for further proceedings not inconsistent with the court's opinion. The Board hereby accepts the remand, and will treat the court's opinion as establishing the law governing this case. The relevant facts, as found by the Trial Examiner and adopted by the Board in its original decision, are in substance as follows : Plastics Molding Company, St. Louis, Missouri, manufactures cus- tom plastic parts for industrial use. The Respondent was certified on August 16, 1957, as the representative of Plastics' production and maintenance employees. On September 23, 1957, the Respondent called an economic strike against Plastics in an attempt to secure a satisfactory contract. The strike was still in progress at the time of the hearing. Bachman Machine Company manufactures tools, dies, jigs, and spe- cial machinery. It operates in two buildings, one located a block away from Plastics, and the other, referred to as plant No. 1, located oppo- site, and two streets away from, the Plastics plant. Bachman's em- ployees are represented by another union, not involved in this proceeding. From December 9, 1957, until February 20, 1958, the Respondent picketed Bachman plant No. 1 in furtherance of its strike against Plastics. The picket signs were carried from the office entrance of plant No. 1, which the office and plant employees apparently used, to the shipping and receiving entrance, and stated, "This Company [Bachman] has allied itself with Plastics Molding Company whose employees are on strike." After a short work stoppage of less than a full day's duration, Bachman Company employees have continued to work, but employees of some of Bachman's suppliers and their carriers refused to cross the picket line at Bachman plant No. 1. When the case was pending before the Trial Examiner, the Re- spondent defended its conduct on the ground that Bachman Machine ' 266 F. 2d 599. WAREHOUSE AND DISTRIBUTION WORKERS UNION 745 Company had aligned itself with Plastics Molding Company in the latter's dispute with Respondent and hence was not a neutral employer entitled to the protection of Section 8(b) (4) (A). In his Intermedi- ate Report the Trial Examiner found that the Respondent's conduct in picketing Bachman Machine Company would be violative of Sec- tion 8(b) (4) (A) unless there was merit to the Respondent's defense. The Trial Examiner then sustained the Respondents' defense and found that the two companies, because of their common ownership and control of labor policies, constituted a single employer for the purposes of Section 8 (b) (4) (A). Exceptions to the Intermediate Report were filed by the General Counsel and the Charging Party. No exceptions were filed by the Respondent. Being in substantial agreement with the Trial Examiner, the Board, in its original decision, adopted the Intermediate Report 3 As the decision of the United States Court of Appeals for the Eighth Circuit rejects the "allied-employers" defense and we have accepted that decision as the law of the case, we find that the Respondent's defense is without merit. Accordingly, we find that the Respondent, by picketing Bachman Machine Company in furtherance of its strike against Plastics Mold- ing Company, induced and encouraged the employees of Bachman Machine Company and of other employers to engage in a strike or a concerted refusal, in the course of their employment, to perform serv- ices with the object of forcing or requiring such other employers to cease doing business with Bachman Machine Company, in violation of Section 8 (b) (4) (A). We further find that the activities of the Respondent set forth above, occurring in connection with the operations of the employers set forth in section I of the Intermediate Report, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. THE REMEDY Having found that the Respondent engaged in unfair labor prac- tices violative of Section 8 (b) (4) (A), we shall require it to cease and desist therefrom and take certain affirmative action designed to ef- fectuate the policies of the Act. Upon the basis of the foregoing findings of fact, and upon the entire record in this case, the Board makes the following : 8 However, the Board specifically declined to rely on the Trial Examiner's further find. ing that Bachman Machine Company , by accepting delivery of materials consigned to Plastics Molding Company, allied itself with Plastics Molding Company, and thereby lost its status as a neutral employer under Section 8 (b) (4) (A). 746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. Plastics Molding Company and Bachman Machine Company are employers engaged in commerce within the meaning of the Act. 2. The Respondent, Warehouse and Distribution Workers Union, Local 688, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor or- ganization within the meaning of Section 2 ( 5) of the Act. 3. By picketing Bachman Machine Company in furtherance of its :strike against Plastics Molding Company, the Respondent induced and encouraged employees of Bachman Machine Company and of other employers to engage in a strike or a concerted refusal, in the course of their employment, to perform services, an object thereof being to force or require such other employers to cease doing business with Bachman Machine Company, and thereby engaged in unfair labor practices within the meaning of Section 8 (b) (4) (A) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of the Act. ORDER Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended , the National Labor Relations Board hereby orders that the Respondent, Warehouse and Distribution Workers Union, Local 688, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, St. Louis, Missouri , shall : 1. Cease and desist from : (a) Engaging in, or inducing and encouraging the employees of Bachman Machine Company or of any employer other than Plastics Molding Company to engage in, a strike or concerted refusal, in the course of their employment, to perform services, where an object thereof is to force or require any employer or person to cease doing business with Bachman Machine Company. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Post at the Respondent's business offices in St. Louis, Missouri, copies of the notice attached hereto marked "Appendix ." 4 Copies of said notice, to be furnished by the Regional Director for the Four- teenth Region, after being duly signed by the Respondent's official representatives , shall be posted by it immediately upon receipt thereof, and maintained for a period of 60 consecutive days thereafter , in con- spicuous places, including all places where notices to its members are customarily posted. Reasonable steps shall be taken by the Respond- ent to insure that said notices are not altered , defaced, or covered by 4 In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order." ESQUIRE PRODUCTS COMPANY 747 any other material. The Respondent shall also sign copies of said notice for posting at the premises of Bachman Machine Company, if it is willing. (b) Notify the Regional Director for the Fourteenth Region in writing, within 10 days from the date of this Order, what steps it has taken to comply herewith. MEMBER FANNING took no part in the consideration of the above Supplemental Decision and Order. APPENDIX NOTICE TO ALL MEMBERS OF WAREHOUSE AND DISTRIBUTION WORKERS UNION, LOCAL 688, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMER- ICA AND TO ALL EMPLOYEES OF BACHMAN MACHINE COMPANY Pursuant to a Supplemental Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify you that : WE WILL NOT engage in, or induce or encourage the employees of Bachman Machine Company , or of any employer other than Plastics Molding Company, to engage in, a strike or concerted refusal, in the course of their employment, to perform services, where an object thereof is to force or require any employer or person to cease doing business with Bachman Machine Company. WAREHOUSE AND DISTRIBUTION WORKERS UNION, LOCAL 688 , AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Labor Organization. Dated-- -------------- By------------------------------------- (Representative ) ( Title) This notice must remain posted for 60 days from the date hereof, and must not be altered , defaced, or covered by any other material. Esquire Products Company and United Service Employees Union, Local 329, AFL-CIO , Petitioner. Case No. 13-RC-6506. Au- gust 97, 1959 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9(c) of the National La- bor Relations Act, a hearing was held before Frances P. Dom, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 124 NLRB No. 97.