Int'l Organization of Masters, Mates and Pilots, etc.

INTiL ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 113 in the election 4 We shall therefore set the election aside and order a new election 5 [The Board set aside the election ] [Text of Direction of Second Election omitted from publication ] views with individual employees conducted at the 20th and Main Streets cafeteria also came within the doctrine's proscription See Columbus Dvvauon, Colonnal Stores Incorpo- rated, supra, Hook Drugs, The, 117 NLRB 846, The Gallaher Drug Company, 115 NLRB 1379 4 We find no merit in the Employer's contention that such a finding is contrary to the rights of free speech guaranteed employers in the Act We have held that the Act does not prevent the Board from holding in a representation case that expression of views, whether or not protected by Section 8{e), can be a basis for upsetting an election See Metropohtan Life Insurance Company, 90 NLRB 935, 938 5 As the facts alleged by the Employer in its exceptions, even if accepted as true, in no way affect our disposition of this objeetion, we find no merit in the Employer 's contention that it has been denied an opportunity to be heard The Employer's request for a hear- ing is therefore denied Finally, in view of our decision to set aside the election on the basis discussed above we need not consider the other recommendations of the Regional Director or the Employer's exceptions thereto International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO; Great Lakes District, Local No. 47, International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO and Chicago Calumet Stevedoring Co., Inc., Charging Party International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO, Great Lakes District, Local No. 47, International Organization of Masters , Mates and Pilots of America, Inc., AFL-CIO and P & V Maritime Corporation, Charging Party International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO ; Great Lakes District, Local No. 47, International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO and North Pier Terminal Company, Charging Party International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO, and International Vice-President Captain Rolla R. Johnson and Cleveland Stevedore Company; Lederer Terminal Warehouse Company; National Terminals Corporation; and Shipping Federation of Canada, Charging Parties. Cases Nos 13-CC-168, 13-CC-169, 13-CC-170, and 13-CC-180 (formerly 8-CC-76) November 12, 1959 DECISION AND ORDER On April 20, 1959, Trial Examiner Louis Libbm issued his Inter- mediate Report in the above-entitled proceedings, finding that the 125 NLRB No 19 114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist there- from and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. He also found that the Respondents had not engaged in and were not engaging in other un- fair labor practices alleged in the complaint and recommended their dismissal. Thereafter, all parties filed exceptions to the Intermediate Report and supporting briefs. The Board has reviewed the rulings made at the hearing and finds that no prejudicial error was committed. The rulings are affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in these cases, and hereby adopts the findings, conclusions,' and recommendations of the Trial Examiner. ORDER Upon the entire record in these cases, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Respondents Rolla R. Johnson and International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO, its officers, agents, successors, and assigns, including its agent, Great Lakes District, Local No. 47, Inter- national Organization of Masters, Mates and Pilots of America, Inc., AFIr-CIO, shall: 1. Cease and desist from inducing or encouraging employees of employers (other than foreign shipowners) doing business with Lederer Terminal Warehouse Company and Cleveland Stevedore Company to engage in a strike or concerted refusal in the course of their employment to use, manufacture, process, transport, or other- wise handle or work on goods, articles, materials, or commodities, or to perform any services for their respective employers, where an object thereof is (1) to force or require such employers to cease doing business with Lederer Terminal Warehouse Company and Cleveland Stevedore Company, or (2) to force or require Lederer Terminal Warehouse Company and Cleveland Stevedore Company to cease doing business with foreign shipowners. 2, Take the following affirmative action which the Board finds will effectuate the policies of the Act : I The Trial Examiner concluded that Respondents ' appeals to secondary employees at their union meetings to respect the primary picket line in the Chicago -Milwaukee area did not constitute the unlawful inducement of employees within the meaning of Sec- tion 8(b) (4) (A) of the Act. In doing so, he relied in part on Interborough News Com- pany, 90 NLRB 2135 . In our opinion , the Interborough decision is inapposite to the facts in the instant cases. While we concur in his ultimate conclusion regarding this conduct by Respondents , we do so in reliance upon Moore Dry Dock Company, 92 NLRB 547. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC . 115 (a) Post at their offices in Cleveland, Ohio, copies of the notice attached to the Intermediate Report marked "Appendix A." z Copies of said notice, to be furnished by the Regional Director for the Thirteenth Region, shall, after being duly signed by official repre- sentatives of Respondents, including the hereinabove named agent, be posted immediately upon receipt thereof, and maintained for a period of 60 consecutive days thereafter in conspicuous places, in- cluding all places where notices to members are customarily posted. Reasonable steps shall be taken by Respondents to insure that said notices are not altered, defaced, or covered by any other material. (b) Mail to the Regional Director for the Thirteenth Region signed copies of said notice for posting by Lederer Terminal Warehouse Company and Cleveland Stevedore Company, as well as the companies listed in footnote 3 of this Order,' if said companies are willing, at their places of business in Ohio, where notices to their employees are customarily posted 4 (c) Notify the Regional Director for the Thirteenth Region in writing, within 10 days from the date of this Order, what steps Re- spondents have taken to comply herewith. IT IS FURTHER ORDERED that the complaint, insofar as it alleges vio- lations of Section 8 (b) (4) (A) of the Act by Respondents at Chicago, Illinois, and Milwaukee, Wisconsin, and by Great Lakes District, Local No. 47, International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO, at Cleveland, Ohio, be, and it hereby is, dismissed. MEMBER JENKINS took no part in the consideration of the above Decision and Order. 2 This notice shall be amended by substituting for the words "The Recommendations of a Trial Examiner" the words "A Decision and Order." In the event that this Order is enforced by a decree of it United States Court of Appeals, there shall be substituted for the words "Pursuant to it Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order." 3 These include valley Freight Lines, Lake Erie Freight Lines, Cleveland Buffalo Freight Lines, Saunders Cartage Freight Lines, Greeley Warehouse, Federal Express, Inc., Shoe- mauker Company, Baltimore-Pittsburgh Freight Company. American Rubber Company, S. J. Kiebler Brothers, Warner and Smith Truck Transport, Brewer Trucking Company, and Norwalk Truck Lines, Inc. 4 There shall be inserted in the caption of said notices , following the name of the unions, the words "and to All Employees of" followed by the name of the employer at whose premises the said notice is to be posted. INTERMEDIATE REPORT AND RECOMMENDED ORDER STATEMENT OF THE CASE Upon separate charges filed by Chicago Calumet Stevedoring Co., Inc. (herein sometimes called Chicago Calumet), P & V Atlas Maritime Corporation ( herein sometimes called P & V Atlas), North Pier Terminal Company (herein sometimes called North Pier), and upon a single charge filed by Cleveland Stevedore Company (herein sometimes called Cleveland Stevedore), Lederer Terminal Warehouse Com- pany (herein sometimes called Lederer), National Terminals Corporation ( herein sometimes called National), and Shipping Federation of Canada (herein sometimes 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD called Federation) the General Counsel of the National Labor Relations Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued a consolidated complaint, dated May 23, 1958, and an amended consolidated com- plaint, dated July 2, 1958, alleging that the parties listed in the caption as Respond- ents, herein sometimes called the International or MMP, the District, or Local 47, and Johnson or Captain Johnson, had engaged in and were engaging in unfair labor practices within the meaning of Section 8(b) (4) (A) and Section 2(6) and (7) of the National Labor Relations Act, 61 Stat. 136, herein called the Act. More specifically with respect to the unfair labor practices, the amended consoli- dated complaint alleges, in substance, that: (1) Respondents MMP and Local 47 are engaging in a strike against owners of foreign vessels in connection with a dis- pute concerning the use by said foreign vessels of American and/or Canadian pilots or sailing masters when said foreign vessels are navigating in the Great Lakes; (2) in furtherance of said dispute and strike, Respondents MMP and Local 47 have picketed in the vicinity of docks, piers, and other waterfront terminals at Chicago, Illinois; Milwaukee, Wisconsin; Cleveland, Ohio, and at other ports on the Great Lakes; (3) in furtherance of said dispute and strike, and as a result of requests and appeals by Respondents MMP and Local 47 to other labor organizations to order, instruct, and direct their members employed by Chicago Calumet, P & V Atlas, and North Pier to refuse to perform services for their employers, said labor organiza- tions, acting in support of and in concert wtih Respondents MMP and Local 47, have appealed to employees of the aforesaid employers not to load or unload or handle cargo carried or to be carried by foreign vessels to or from Great Lakes ports with the result that said employees have refused to perform said services for their em- ployers with respect to foreign vessels owned by specified foreign owners; (4) in furtherance of the aforesaid dispute and strike, Respondents MMP and Local 47, through their agent, Respondent Johnson, have picketed in the vicinity of docks, piers, and waterfront terminals of Cleveland Stevedore and Lederer in Cleveland, Ohio, and in the course of said picketing have appealed to employees of carriers and other customers doing business with Cleveland Stevedore and Lederer to re- frain from crossing said respective picket lines with the result that employees of specified carriers have refused to make deliveries to, or accept shipments from, Cleveland Stevedore and Lederer; (5) by the foregoing conduct Respondents MMP and Local 47 have engaged in, and induced and encouraged employees of specified employers to engage in, a strike or concerted refusal to perform services with the object (a) of forcing or requiring Chicago Calumet, P & V Atlas, and North Pier to cease doing business with owners of foreign ships, (b) forcing or requiring customers and carriers to cease doing business with Cleveland Stevedore and Lederer, and (c) forcing or requiring Cleveland Stevedore and Lederer to cease doing business with owners of foreign vessels, and (d) by the foregoing conduct, Respondents have engaged and are engaging in unfair labor practices within the meaning of Section 8(b)(4)(A) of the Act. The Respondents filed separate answers in which they admitted the commerce allegations and that Respondent Johnson was at all material times vice president of Respondent MMP and president of Respondent Local 47; denied the allegations that Respondents MMP and Local 47 were labor organizations within the meaning of the Act and the unfair labor practice allegations; and further denied that Re- spondent Johnson acted as vice president or agent of Respondent MMP in connec- tion with any events material to the complaint, averring that Respondent Johnson acted exclusively as president of Respondent Local 47 in connection with such events. Pursuant to due notice, a hearing was held at various intervals during the period from August 6 to November 20, 1958, at Chicago, Illinois, and Cleveland, Ohio. All parties were represented at the hearing, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce relevant evidence, to present oral argument, and thereafter to file briefs as well as proposed findings of fact and conclusions of law. The Respondents' motion to dismiss the complaint, made at the conclusion of the hearing and upon which I reserved ruling, is granted in part and denied in part, in accordance with the findings of fact and conclusions of law made below. On March 9, 1958, the General Counsel and the Respondents filed briefs, which I have fully considered. Upon the entire record' in the case, and from my observation of the witnesses, I make the following: 11 'hereby note and correct the following inconsequential but obvious typographical errors in the typewritten transcript of the testimony : On page 154, line 16, "removed" is INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 117 FINDINGS OF FACT 1. COMMERCE; THE BUSINESS OF THE COMPANIES Chicago Calumet Stevedoring Co., Inc., herein called Chicago Calumet, and North Pier Terminal Company, herein called North Pier, are Delaware corporations engaged in business at Chicago, Illinois. P & V Atlas Maritime Corporation, herein called P & V Atlas, is a Wisconsin corporation engaged in business at Milwaukee, Wisconsin. Cleveland Stevedore Company, herein called Cleveland Stevedore, and Lederer Terminal Warehouse Company, herein called Lederer, are Ohio corpora- tions, engaged in business at Cleveland, Ohio. At all times material to the com- plaint, Chicago Calumet, North Pier, P & V Atlas, Cleveland Stevedore, and Lederer have been engaged in supplying stevedoring services to transportation and other companies engaged in interstate and/or foreign commerce; in addition each maintains and operates facilities for the docking of ships, and supplies terminal and warehouse facilities for goods moving in interstate and/or foreign commerce. Respondents admit the above commerce allegations of the complaint, including the fact that each Company received in excess of $200,000 for services rendered in 1957 to various interstate transportation enterprises, each of which in turn re- ceived in excess of $100,000 for the transportation of products between various States in the United States and/or between States in the United States and foreign countries. Upon the foregoing admitted facts, I find, as Respondents admit in their answers, that Chicago Calumet, P & V Atlas, North Pier, "Cleveland Stevedore, and Lederer are each engaged in commerce within the meaning of the Act. H. THE RESPONDENTS The complaint alleges that Respondent International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO, herein called the International or MMP, and Respondent Great Lakes District, Local No. 47, International Organiza- tion of Masters, Mates and Pilots of America, Inc., AFL-CIO, herein called District or Local 47, are each labor organizations within the meaning of Section 2(5) of the Act. The answers deny this allegation. One of the vigorously contested issues in this proceeding is the status of MMP and Local 47. The complaint also alleges that Rolla R. Johnson, herein called Johnson or Captain Johnson, at all times material to the complaint has been vice president of Respondent MMP and president of Respondent Local 47 and has acted as an agent for Respondents MMP and Local 47 within the meaning of Sections 2(13) and 8(b) of the Act. Respondent Johnson, in his answer, admits that at all times material to the complaint he was vice president of Respondent MMP and president of Respondent Local 47, denies that he at any time acted as vice president or agent of Respondent MMP in connection with any events material to the complaint, and avers that he acted exclusively as president of Respondent Local 47 in connection with such events. Thus, the status of Respondent Johnson as an agent of Respond- ent MMP is also a contested issue in this proceeding. III. THE UNFAIR LABOR PRACTICES A. Introduction As noted in the previous section, there are three Respondents in this proceed- ing-(1) the International, more commonly referred to as MMP, (2) the Inter- national's Vice President Rolla R. Johnson, more commonly referred to as Johnson or Captain Johnson, and (3) a local of the International, more commonly referred to as Local 47. The principal issues are (1) whether the conduct which occurred is proscribed by Section 8(b)(4)(A) of the Act, (2) whether all Respondents are liable for any proscribed conduct, and (3) whether MMP and Local 47 are either labor organizations or agents of labor organizations within the meaning of the Act. Subsidiary issues are (1) whether Johnson acted as an agent of MMP and (2) whether pilots who serve on foreign ships navigating on the Great Lakes are employees within the meaning of the Act. corrected to read "did not remove" ; page 529, line 23, "1958" is corrected to read "1957" ; page 577, line 16, "Trial Examiner" is corrected to read "witness" ; page 756, line 8, "to" is corrected to read "no." 535828-60-vol. 125-9 118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD B. The relevant events 1. The primary dispute The Shipping Federation of Canada, herein called the Federation, is an employer association whose members are various European steamship lines and tramps. Its function is to "represent the various shipping interests in all matters of importance pertaining to their interests such as labor problems" and to negotiate labor agree- ments with various unions. Foreign shippers utilized pilots or sailing masters, as they are sometimes called, from Kingston, Canada, through the Great Lakes and back to Kingston. In December 1955, the Great Lakes Pilots Association of Canada was formed to represent these sailing masters or pilots. Thereafter, the Great Lakes Pilots Association negotiated with the Federation regarding the pilot- ing of foreign ships on the Great Lakes, and wages and other rates were established for the sailing masters or pilots on a Kingston-to-Kingston basis. In December 1956, the members of the Great Lakes Pilots Association voted to affiliate with MMP and received a charter as Local 92. About the same time, an agreement or arrangement was made between Local 47 and Local 92 to the effect that whenever another pilot was needed, a member of Local 47 would be taken on pilotage of the Great Lakes Pilots Association until there was an even number of members from Local 47 and Local 92, or until such time as it became a 50-50 basis. At the same time, Local 92 asked Johnson, who was vice president of MMP and president of Local 47, to assist Local 92 in its negotiations with the Federation. In the fall of 1957, Johnson set up a picket line against various terminals in Cleveland, Ohio, and longshoremen refused to cross the picket line. This was at a time when, according to Johnson's testimony, "we were trying to put Americans into the pilotage district." Thereafter, the Federation received a telegram from "Captain Roland R. Johnson, International Vice-President Mates and Pilots," demanding that the Federation "stop discriminating against American pilots and place them immedi- ately." By telegram dated October 14, 1957, and addressed to Johnson, the Federa- tion agreed to "recognize International Masters Mates and Pilots Association and Great Lakes Pilots Association of Canada as bargaining representatives for American and Canadian Great Lakes sailing masters." Thereafter, the Federation endeavored to negotiate with Great Lakes Pilots Association, which was then Local 92, but never agreed to sit down to talk to Johnson during the winter of 1957 or spring of 1958. By letter dated February 12, 1958, Great Lakes Pilots Association requested a meeting with the Federation "to negotiate a contract for the coming season.' 12 Such a meeting was held on March 31. The proposals presented by the Federation were rejected in a letter dated April 7, 1958, and signed by "Captain Rolla R. Johnson, President, International Organization of Masters, Mates and Pilots, Great Lakes District." The Federation responded to the rejection of its proposal in a telegram to Johnson, dated April 14. Thereafter on April 16, the Federation re- ceived a telegram from the Great Lakes Pilots Association and another telegram from "Capt. Rolla R. Johnson, Int. Vice-Pres. Great Lakes MM & P," pointing out that "any foreign vessel proceeding above Kingston without a pilot will be jeopardiz- ing the safety of nagivation on the Great Lakes" and threatening that "we will take any action necessary to prevent this disastrous practice." Johnson's telegram also reminded the Federation that "you have recognized us as bargaining agent." There was another telegram to the Federation on April 20, 1958, over the names of "Capt. Rolla R. Johnson, Capt. J M Andrews,3 International Organization of Masters Mates and Pilots, Cleveland," pointing out the terms under which pilots for the Great Lakes were available at Kingston. Picketing at various locations on the American side began about April 21. Sometime prior to May 3, Local 92 set up pickets at Kingston. On May 3, 1958, the Federation and the Great Lakes Pilots Association (Local 92) held another meeting, which was also attended by Johnson. The parties were unable to reach agreement on the terms of a contract. 2. Conduct and incidents which are alleged to encompass secondary action On April 16, 1958, a night letter in the form of a book message, over the name of "Captain John M. Bishop, Sec. Treas. Intl. Org. Masters, Mates & Pilots," was sent to the International officers of 12 unions. This night letter stated, "We re- quest your support in a strike against the foreign shipping companies on the Great 2 The shipping season on the Great Lakes generally runs from April through December. 8 Andrews was president of Local 92, which was the Great Lakes Pilots Association. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 119 Lakes which appears to be imminent because of their refusal to recognize our agreement and take pilots." The next day, April 17, an identical telegram was sent to E. L. Slaughter, secretary-treasurer of the International Brotherhood of Long- shoremen, AFL-CIO, herein sometimes referred to as IBL. On April 18, 1958, pursuant to Slaughter's instructions, Slaughter's office sent out special delivery letters to officers of IBL's geographical Great Lakes district, enclosing a copy of the Bishop telegram and urging a "vote in favor of supporting the MM & P in their request," and requesting an immediate reply. Upon receipt of the votes, Slaughter, on April 21, sent a telegram to five locals of the IBL in the Great Lakes district, stating that "Masters, Mates and Pilots scheduled to strike Tonight. By action of the IBL Executive Board, we urge 100 per cent cooperation." The addressees of this telegram included Local 815 at Milwaukee, Wisconsin, Local 1317 at Cleveland, Ohio, and Local 19 at Chicago, Illinois. Because the addressee of Local 19 was an ex-officer, William Green, president of Locals 19 and 1362 at Chicago, called Slaughter's office and stated that "if they wanted the telegram recognized, they would have to send it to an officer" in charge at that time. The next day, an identical telegram was sent by Slaughter, addressed to William Green as president of Locals 19 and 1362. Upon receipt of this telegram, Green posted it on a bulletin board outside of the local's office "so all the members could see it." Johnson was in charge of the strike activity on the American side, operating out of his office in Cleveland, Ohio. About April 21 or 22, Johnson called Capt. John Deegan, a member of Local 47, to his office in Cleveland; placed him in charge of the activities in Chicago, Illinois, and Milwaukee, Wisconsin; gave him the neces- sary instructions in that regard; and told him that Capt. John Kozak, another member of Local 47, would meet him in Chicago to assist him. Johnson gave Deegan about 25 or 30 picket signs, several hundred copies of a news bulletin dated April 21, and 2 copies of the Bishop night letter. The picket signs contained the word "STRIKE" on the first line, and the word "AGAINST" on the second line. Then there was a blank space for the insertion of the name of a company. After that appeared two lines containing the name "INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS." Under that appeared "A.F. of L.-C.I.O." Johnson instructed Deegan to fold over the line containing the word "STRIKE," and to insert in the blank space the words "LOCKOUT BY FOREIGN SHIPS." The April 21 news bulletin contained the heading "INTERNATIONAL OR- GANIZATION OF MASTERS, MATES & PILOTS-GREAT LAKES DIS- TRICT," and opened with the statement that "we are now facing one of the toughest battles since the start of our organization." The bulletin then went on to explain the dispute concerning the use of pilots on the Great Lakes between the Pilots Association and "the Shipping Federation of Canada, representatives, of the foreign flag vessel operators." It characterized the action of foreign flag vessel operators as a "LOCKOUT" because the foreign vessels were refusing to use any pilots on the Great Lakes. The bulletin stated that "if the meeting with [Canadian] ministry of Transport is unsuccessful, immediate action will be taken against all foreign vessels without pilots," and urged every available member to volunteer his help because "we will need men in all Ports, although Cleveland, Chicago, Toledo and Milwaukee will be the most vital points." Pursuant to Johnson's instructions to Kozak to report to Deegan at the Iliana Hotel in Chicago, Deegan and Kozak met there on April 22 or 23. At that time Deegan gave Kozak the picket signs with Johnson's instructions for their prepara- tion, a copy of the Bishop night letter, and about 150 copies of the April 21 news. bulletin. Deegan instructed Kozak to attend a meeting with officials of local unions: in the Chicago area the following day, explaining that he (Deegan) would be un- able to attend such a meeting because he had to go to Milwaukee. During the conversation, a telephone call was placed to Johnson in Cleveland and Johnson was informed of this arrangement. Johnson gave Kozak the names of members of Local 47 who might be expected to assist in the picketing and, in connection with, the meeting scheduled for the next morning, instructed Kozak to call Johnson if' any question arose regarding the manner and method he had outlined to Deegan_ and Kozak to "conduct the pilot picketing action against the foreign flag shipping. The next day Kozak met in South Chicago with representatives of the Inter- national Brotherhood of Longshoremen, of the Unlicensed Tugmen's Union, and of Licensed Tug Officer's Union. The meeting lasted about 2 hours. The union officials wanted to know "by whose authority" the pilot picket action was being undertaken. Kozak thereupon showed them Bishop's night letter. During the discussion, questions arose regarding the picketing, including the question of who 120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD would do the picketing . In accordance with his prior instructions , Kozak placed a telephone call to Johnson in Cleveland , and a representative of the Unlicensed Tugmen and of the Longshoremen participated with Kozak in the conversation with Johnson. In answer to his query , Green of the IBL was assured by Johnson that there would be no interference with his men who were engaged in the dis- charge of cargo from freight cars into warehouse terminals and that we were not interested in the movement or transfer of such freight at terminals where we would establish picket lines upon the arrival of a foreign ship. After the meeting, Kozak prepared the picket signs in accordance with Johnson's prior instructions to Deegan . The word "STRIKE" was folded over, and the words "LOCKOUT BY FOREIGN SHIPS" was inserted in the blank space. Kozak also made arrangements to hire pickets and reported that fact to Johnson . During the conversation, there was a discussion about the matter of pay for the pickets. Kozak placed all the pickets in the Chicago area, including Lake Calumet . Johnson then sent money to Kozak to pay the pickets . Johnson admitted that after Deegan left Chicago, "Kozak was in charge in this area." a. Incidents at Milwaukee, Wisconsin On the morning of April 24, 1958, Deegan went to the offices of Local 815 of the IBL in Milwaukee, Wisconsin, and there met and conferred with John Brzek, president of Local 815 and vice president of the International Brotherhood of Longshoremen. Deegan introduced himself and presented his business card, which stated that he was a representative of Great Lakes District, International Organiza- tion of Masters, Mates and Pilots, AFL-CIO. Deegan also gave Brzek a copy of Johnson's April 21 news bulletin. Deegan "pointed out what the Masters , Mates, and Pilots were striking for," that the "Canadian Shipping Federation only wanted to use pilots part of the ways on the Great Lakes," and also discussed the wage increases that were sought for the pilots . Deegan then asked for and received permission to speak to members of Local 815. Deegan told the members in the union hall that he was "a representative of the Masters, Mates , and Pilots"; passed out copies of Johnson's April 21 news bulletin; volunteered to answer any questions ; explained the issues involved in the dispute; and tried to enlist their support to respect the picket line . At the end, Deegan "said that it was entirely up to the men whether they would respect the picket line." Local 815 has a collective -bargaining agreement with P & V Atlas Maritime Corporation, herein called P & V Atlas, to supply longshoremen crews. About 12:50 p .m. of that same day, pursuant to the usual practice , a P & V Atlas truck transported the longshoremen from the union hall to P & V Atlas' transit shed at Jones Island, Port of Milwaukee . One of the men submitted a slip containing the names of the longshoremen who were to work that shift to P & V Atlas' Assistant Supervisor Walsh . A few minutes later, Walsh went out to the dock and read off the names and crew assignments for specific work aboard the foreign ship, Veslefjell, which was then at the dock. Although Walsh was following the usual hiring procedure, none of the longshoremen moved to go to work. The IBL union steward stepped forward and asked if his name had been called. When he was answered in the affirmative , he walked toward the gangplank which it was necessary to use in order to board the vessel , stopped near a picket who was at that location, and stated that "it looks like they're picketing ." He then rejoined the longshoremen who continued to stand by without making any effort to go aboard . At that point Brzek said , "Well, if nobody is going to work, let us go home, let 's get off the property." P & V Atlas then transported the men back to the IBL hall. Deegan was at the picket line when the longshoremen reported for work and while a mem- ber of the Seafarer's Union was carrying a picket sign of the type hereinabove de- scribed, at the Veslef jell's berth. This was a Norwegian vessel which remained at the P & V Atlas dock until late in the afternoon and then left Milwaukee. On April 29 , 1958, the German flag vessel , Leana, was at P & V Atlas' Transit Shed No. 1 in Milwaukee for unloading and loading . About 1 p.m. a crew of longshoremen was transported from the IBL hall to the P & V Atlas facility, and a list of the available longshoremen was again presented to Walsh. The men were grouped near the entrance and near the gangplank . Walsh read the names twice but none of the longshoremen moved to go to work. At that time there was a picket at the gangplank to the ship , carrying a picket sign of the type hereinabove described . When nothing was said, Walsh stated , "If that is it, that is all." The men were again transported back to the IBL hall. During the period hereinabove described , P & V Atlas had no dispute with Local 815. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 121 b. Incidents at Chicago, Illinois-North Pier North Pier Terminal Company, herein called North Pier, operates facilities at 400 East South Water Street and Navy Pier in Chicago , Illinois, and at Transit Shed No. 1 at Lake Calumet, where stevedoring operations are performed. North Pier has a collective -bargaining agreement with Local 19 of the IBL, covering the furnishing of longshoremen crews. North Pier's hiring practice was to place an order at the union hall before 5 p.m. on the day preceding an 8 a.m. shapeup . Daily shapeups are also carried on at 1 p.m. and 7 p .m. On April 25 , 1958, North Pier hired a crew of longshoremen for an 8 a .m. start, and subsequently placed an order for three gangs for 1 p.m. of the same day. At 12:50 p.m., Raymond Rodriquez, North Pier's dock super- intendent , hired 28 men to start at 1 p.m. on the foreign motor vessel Luksefjell. When Rodriquez went out to shape up the longshoremen , he asked IBL Business Agent Walker "if the men were going to work." Walker replied, "Yes, as long as there was no one picketing they would work." The crew began work aboard the Luksefjell and continued until about 4:45 p.m. At that time Captain Kozak ap- peared on the south side of the dock at East South Water Street with a picket sign of the type hereinabove described. Shortly thereafter, Eric Harris, house union steward of Local 19, IBL, went through the warehouse and "up to the ship and motioned to the ship steward that that was all , it was time to knock off. He gave a thumb down motion." The longshoremen then left the ship. After the men left the ship, Rodriquez had a conversation with Kozak and was shown Kozak's credentials. In reply to Rodriquez ' query as to what Kozak was doing there, Kozak stated that "he was representing Local 47 of Masters, Mates and Pilots Union and that they were striking against the foreign ships coming into Chicago, that he had set up a picket there." Rodriquez explained that North Pier was operating a general storage and barge terminal as well as a stevedoring terminal, and asked Kozak to picket some place other than outside the front of North Pier. Kozak complied with this request, withdrew the picket , and moved to the Illinois Central property on the west end of North Pier's building. On April 26 , 1958, North Pier ordered men for an 8 a.m. shapeup , but the men refused to work. North Pier continued to order men for every shaping period until the men returned to work about May 5. The Luksefjell, which had arrived on April 25, remained at the North Pier facilities until May 5 . Other foreign vessels were also docked at the North Pier facilities during the period from April 25 to May 5. During the period hereinabove described, North Pier had no dispute with Local 19 IBL. c. Incidents at Chicago, Illinois-Chicago Calumet Chicago Calumet Stevedoring Co., Inc., herein called Chicago Calumet, operates a stevedoring facility at No. 3 shed in Lake Calumet, Illinois. Chicago Calumet has a collective-bargaining agreement with Local 19, IBL, covering the furnishing of longshoremen crews. On April 24, 1958, Stevedoring Superintendent Russo ordered four gangs of long- shoremen for an 8 a.m. start the next day. On April 25, the Norwegian ship, Veslef jell, was at the dock in Lake Calumet port. At 7:30 a.m. that day, pickets were stationed in the roads to the entrance into the port. General Foreman Elizeus went out to the normal shapeup area, but the men refused to work. The men told Superintendent Russo that they were not going to cross the picket line . The same procedure was repeated at 12:50 p.m. ; the men appeared for the shapeup but refused to go to work. The Velsefjell remained at the dock and was joined by the Monica Smith and the SS Lingestrom, both foreign ships, within the next several days. None of the foreign ships were unloaded until the longshoremen returned to work when the pickets were removed some 8 or 9 days after April 25. During the entire period hereinabove described, there was no dispute between Chicago Calumet and Local 19, IBL. d. Incidents at Cleveland, Ohio-Lederer Lederer Terminal Warehouse Company, herein called Lederer, is engaged in the stevedoring and warehouse business , that is, the loading and unloading of ships and the handling of cargoes to and from the warehouse into and from vehicles which travel both by road and by rail. It maintains its facilities in Cleveland , Ohio, for the storage of goods and for the docking of ships. Lederer has a collective- 122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bargaining agreement with Local 1317 IBL, covering the furnishing of longshoremen crews. During the period hereinafter described, Lederer did not have any dispute with Local 1317 IBL. Before picketing commenced at the Lederer premises, Captain Johnson asked Mr. Lederer for permission to go on the docks and to picket in front of the ships, explaining that "we weren't interested in anything that was in the warehouse." Mr. Lederer refused to permit the pickets to go on any of Lederer's property. There are eight gates through which entrance may be made to Lederer's premises. These are alphabetically identified on General Counsel's Exhibit No. 36 as Gates A through H. The easternmost gate is designated as Gate A and is used almost ex- clusively by ships' personnel going to and from ships located at the docks. Gate B is used commonly by the public and warehouse company employees going through the restaurant and subsequently into the east warehouse. Gate C is commonly used by employees going to and from their employment. Gates D and G are railroad -entrances used by the railway company for their typical vehicles. The center gates are designated Gates E and F and are used by truckers of various companies, other than Lederer, coming in and going to the loading docks to pick up or deliver goods. Gate H is used by Lederer employees going to the west warehouse and Gate J by tenants of the west building, as well as those employees who had to go through the center into the west warehouse. Gate K has been locked for about 2 years. Most of Lederer's employees who drive to work enter through Gate E. Those who do not have automobiles usually use Gate B. Crews from ships at dock normally used Gate A if the ships were tied up on the east side berths. If the ships were tied up at the north end berth, the crews might walk straight up the road; if the ships were at the west side berths, the crews might use Gate H. The center gates, E and F, are used by about 20 to 30 trucks an hour in the morning and by about 10 to 12 trucks an hour in the afternoon when the traffic quiets down. These trucks, which belong to practically every trucking company in and out of the State, use these center gates as entrance to or exit from the loading platforms of either the east warehouse or the west warehouse. The distance from Gates D, E, F, and G to the north end of the dock is approximately 700 feet. It is not possible for one standing at these gates to see ships tied up at either the east or west dock aprons because of the intervening buildings which are approximately 30 feet high. The picketing, hereinafter described, covered all gates, with the possible exception of the westernmost gate, K, which was locked. The first foreign ship, Luksefjell, tied up at the Lederer dock at 6 p.m. on April 21, 1958. Pickets appeared for the first time at Gate A, the eastern gate, about 7:30 p.m. and were still there at 11 or 11:30 P.M. On April 26, the foreign vessel, Prins Frederik Hendrik, tied up at the Lederer dock about 10 a.m. Pickets were present at the east gate (Gate A) and later moved to the center gates (Gates C, D, E, and F). The picket sign was of the type previously described. It stated "Locked out by foreign ship owners, International Organizations of Masters, Mates and Pilots, AFL-CIO." Bent over the top of the sign, so that it appeared upside down on the reverse, was a portion with the words, "On Strike." Johnson was present with the pickets on that day. On April 28, the vessel Turnfjell arrived and tied up at the western dock. At that time pickets were present at the center gates, E and F. On April 29, the foreign ship Concordia tied up at the eastern dock. At that time pickets were present only at the center gates, D, E, and F. On April 30, three foreign ships arrived, the Suderholm, the Heinrick Udo Schulte, and the Herman Schulte. The Suderholm departed sometime during that night, but the Herman Schulte was still tied up on May 1. During that period, pickets appeared at center gates E and F. During the periods set forth above, pickets, varying from two to seven on any given day, carried the above-described signs or stuck their signs against the fence. The pickets marched back and forth or remained on the sidewalk area separating the Lederer facilities from Erie Side Avenue, a "very busy street." Lederer's long- shoremen, who are covered by a collective-bargaining agreement which Lederer has with Local 1314 IBL, refused to cross the picket line to board the foreign vessels for unloading and loading. When approaching trucks of trucking companies were about to enter or to leave by the center gates, E and F, the pickets stationed themselves on the sidewalk closest to the street and in many cases "were in the street." On occasions, the pickets went down into the driveway extending from Gates C through H when trucks approached, and conversations with truckdrivers took place both within the side- walk line and also further out in the street, depending on the point at which truck- drivers entering or leaving the premises stopped. With respect to trucks leaving the Lederer premises, pickets simply spoke to the drivers; on at least two or three INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 123 occasions after such conversations, the drivers dismounted from the cab and, accom- panied by the pickets, opened up the rear gate of the vehicles and displayed the merchandise which they had picked up from Lederer's warehouse. . On April 29, a driver from Federal Express, Inc., pulled up to the truck gate entrance about 9:30 a.m. to make a delivery to Lederer Terminal. About six or seven pickets, without signs, were present in front of the gate. The driver did not know what was going on and asked them "what the trouble was." The only response came from one of the pickets who said that "they were just trying to keep the trucks out." When asked on cross-examination if he did not know that there was a ship tied up, the driver credibly testified, "No, I didn't. I'm not supposed to know if there is a ship there or not. All I'm supposed to do is deliver freight there." The driver did not cross the picket line because "members of Local 47 of the Teamsters Union don't cross picket lines" and "if I see five or six men there and whether there is a sign or not I'm still not going in." On April. 30, the pickets stopped the following five trucks as they attempted to enter the center gates to Lederer's premises; these were trucks owned by Valley Freight Lines, Lake Erie Freight Lines, Cleveland Buffalo Freight Lines, Saunders Cartage Freight Lines, and a cab or tractor owned by Greely Warehouse. The trucks stopped when "there was a man who stood in front of the gates with his arms crossed and refused to move from in front of the truck which was trying to gain access." Once the truck stopped, persons previously seen carrying picket signs walked over to the cab of the truck and talked to the driver. The following is typical of the conversations which took place: The picket would ask the driver "what kind of a union man he was that he would cross a picket line?" The driver would reply that he was "here to pick up some cargo from the warehouse." The picket would then ask the driver if the cargo came "from a foreign vessel," where- upon the driver would reply that he did not know. In each case the truckdriver did not pass the gate and enter the premises to pick up or deliver cargo from or to the warehouse. Also on April 30, a driver from Federal Express, Inc., approached the Lederer premises to make a delivery to the warehouse, stopped his truck opposite the center gates but across the Erie Side Avenue because he saw "fellows walking the sign in front of the Lederer Terminal, the entrance, and they had it that they were on strike." One of the pickets walked over and asked the driver, "you ain't going through the line?" The driver replied that he did not know, walked into the office, handed his bills to the man in charge, and called his dispatcher. The result was that the driver did not enter the Lederer premises with his truck. He knew there was a strike there "because it was supposed to be the pilots against something." About 4:30 p.m. on May 1, a truckdriver from the Shoemauker Company of Canton, Ohio, was stopped at the center gates to the Lederer premises. In reply to questions from a picket, the driver stated where he came from and "that he was there to pick up some merchandise from the warehouse." The picket asked the driver several times, "are you going to cross the picket line?" The driver replied, "I've instructions that I am either to pick up the cargo or be fired." The picket then asked the driver if he had his union card with him, and stated that he wanted to have the driver's name and number if he crossed the picket line. The driver handed his union card to the picket who made notations from it and returned it to the driver who climbed into the cab and began to start his truck. At that point, the picket told the driver that "he was to stop on his way out" so that the picket could see what type of cargo he was taking from the warehouse. The driver then entered the Lederer premises, transacted his business, and on his way out stopped his truck at the gates in the street proper. The pickets went to the truck, opened the tailgates, climbed into the truck and then climbed down again, and closed the tailgates. The driver then left. Other trucks stopped on May 1 included the Valley Freight Lines, the Baltimore- Pittsburgh Freight Company, and another Federal Express truck. In each case, the driver refused to cross the picket line. When the Federal Express driver was asked by a picket if he was going to cross the picket line, a Lederer representative in- quired about the nature of the cargo the driver was to pick up. The driver replied that it was simply merchandise and that he did not know whether or not it came from a foreign ship. Upon checking, the Lederer representative told the driver and the pickets that it was storage merchandise which came in by some method other than foreign ships. The driver nevertheless refused to cross the picket line. During the course of the picketing, "a sort of gentlemen's agreement" evolved between the pickets and a Lederer official to the effect that, where the cargo in- volved either came from or was destined for foreign ships, the trucks "would not necessarily have to cross the picket line," and that the Lederer official would inform 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the driver and the pickets of the nature of the cargo . However, drivers who were approached by the pickets refused to cross the picket line regardless of what the Lederer official told them about the nature of the cargo, and in some cases the pickets themselves would not accept the official's word that the cargo involved was storage material. e. Incidents at Cleveland, Ohio-Cleveland Stevedore Cleveland Stevedore Company, herein called Cleveland Stevedore , is engaged in the warehousing and stevedoring business and, in connection therewith , operates a riverfront terminal and warehouse facilities at Cleveland , Ohio. The riverfront terminal is bounded on one side by the Cuyahoga River , with intervening docks at which foreign ships tie up next to the warehouse , and by Main Avenue, a municipal street roughtly perpendicular to the river. The building runs north and south along the Cuyahoga River , with a truckloading dock facing on Main Avenue where trucks normally come to pick up and unload material . Main Avenue in front of the ware- house is also utilized by National Terminals Corporation , located across the street and down the river from Cleveland Stevedore , and by the State highway. Before any picketing began at the Cleveland Stevedore premises , Captain Johnson asked Louis Ronald Hicks , superintendent of Cleveland Stevedore , for permission to picket on the dock apron in front of the ships . Hicks stated that he could not permit picketing on company property and that the men would have to stay outside the warehouse.4 On April 28, 1958 , the foreign vessel Prins Frederik Hendrik arrived about 8 a.m. and tied up at the number 1 position on the Cuyahoga River. Pickets appeared at the dock gate, used jointly by employees , longshoremen , and personnel of ships, and walked back and forth across the gate entrance with a sign of the type previously described and used at Lederer. This ship was still present on April 29. Other foreign vessels were tied up on April 29, May 1, and May 2. Cleveland Stevedore longshoremen , who are covered by a collective -bargaining agreement which Cleve- land Stevedore has with Local 1317 IBL, refused to cross the picket line. On April 29, in addition to picketing in front of the dock gate, the pickets began the practice of leaving the gate and going over to trucks backed up to the dock and carrying on conversations with drivers of the trucks . Following one of these con- versations , the truckdriver left without picking up or delivering merchandise to the terminal. While at the truck dock, it was not possible for anyone on the foreign. ship to see the pickets , nor could the pickets see the foreign ships. Thereafter, pickets also appeared on Main Avenue to talk to truckdrivers who stopped. From where the pickets were on Main Avenue , they could neither observe the foreign ships nor could anyone on the foreign ships observe the trucks or the picket line. The picket who took up a position on Main Avenue would wave a picket sign over his head at the approach of a truck . Once the truck stopped, the picket would carry on a conversation with the truckdriver . The truck would then turn around and leave without loading or discharging . All trucks approaching the riverfront must of necessity come down Main Avenue . This happened in the case of about five trucks on May 1 and five trucks on May 2 , including trucks owned by American Rubber Company, S. J. Kiebler Brothers, Warner and Smith Truck Transport , Brewer Trucking Company , and Norwalk Truck Lines , Inc. On three of these occasions , the driver left his truck and entered the premises to make an in- quiry or a telephone call, and then left without picking up or delivering any merchandise. C. The legality of the conduct The findings hereinabove set forth are based on undisputed evidence and are not seriously contested . The only issue with respect to them is whether such conduct constitutes lawful primary activity or whether it falls within the proscription of Section 8 (b) (4) (A) of the Act. This case involves a mobile or ambulatory situs of a primary . dispute. The foreign vessels were the situs of the primary dispute with the foreign shipowners con- cerning the use of pilots on the Great Lakes. These foreign vessels continued to be 4 These findings are based on Johnson 's testimony , which was not directly denied by Hicks. Mr. Hicks testified that he remembered talking to Johnson at the dock on April 24, 1958, but did not remember whether Johnson asked for permission to picket on the dock site and whether he replied that he could not give such permission . He admitted, how- ever, that "it is possible" that it could have happened that way. It was not denied that during a 1957 dispute with Cleveland Stevedore, after Johnson had a conversation with Hicks, the men picketed on the apron dock and not in front of the terminal. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 125 the situs of the primary dispute when, in the course of normal business, they from time to time came to rest temporarily at the docks or premises of secondary em- ployers, who were not involved in the primary dispute. In these circumstances, picketing will be primary and lawful if it meets all of the following conditions estab- lished by the Board in the case of Moore Dry Dock Company, 92 NLRB 547, 549. (a) The picketing is strictly limited to times when the situs of dispute is located on the secondary employer's premises; (b) At the time of the picketing the primary employer is engaged in its nor- mal business at the situs; (c) The picketing is limited to places reasonably close to the location of the situs; and (d) The picketing discloses clearly that the dispute is with the primary employer. In speaking of these standards in a subsequent case (Retail Fruit & Vegetable Clerks' Union, Local 1017, et al. (Retail Fruit Dealers' Association of San Fran- cisco, Inc.), 116 NLRB 856 at 859), the Board stated: In developing and applying these standards, the controlling consideration has been to require that the picketing be so conducted as to minimize its impact on neutral employees insofar as this can be done without substantial impairment of the effectiveness of the picketing in reaching the primary employees. [The Board's emphasis.] The General Counsel contends in his brief that all of the Moore Dry Dock re- quirements have not been met because the "picketing was not limited to places reasonably close to the location of the situs [of the primary dispute], and the picket- ing did not clearly disclose that the dispute was with the primary employer." I now turn to a consideration of whether the record supports the General Counsel's contention. 1. At Chicago and Milwaukee The record shows that the picketing in Milwaukee was conducted in front of the foreign vessel on the dock of P & V Atlas. At Chicago, the pickets were not per- mitted on the premises of North Pier and Chicago Calumet 5 and therefore the picketing took place as close to the foreign ships as it was possible to get without trespassing on private property. Captain Kozak, a witness for the General Counsel, was in charge of placing the pickets in the Chicago area. He testified that in every instance he consulted the terminal officials, that these officials informed him of the line of demarcation between their private property and the city property, and that in every instance the pickets got as close to the foreign vessel, without trespassing on private property, as it was legally permissible for them to be. Dock Superintendent Rodriquez of North Pier and Stevedoring Superintendent Russo of Chicago Calumet, both witnesses for the General Counsel, admitted that at all times the pickets were as close to the dock and the foreign vessels as they were allowed to get. Thus, the record clearly demonstrates, and I find, contrary to the General Counsel's contention, that at Chicago, Illinois, and at Milwaukee, Wisconsin, the picketing was at all times limited to places reasonably close to the foreign ships, the situs of the primary dispute. The picket signs carried by the pickets clearly disclosed that the dispute was with the foreign ships. In other words, the foreign ships, not the terminal or warehouse or stevedoring companies, were declared "hot." The Bishop night letter, which was sent to International officers of various unions, including those of the International Brotherhood of Longshoremen, and which was shown by Kozak to the representa- tives of the IBL and of the other two unions with whom he met in Chicago, clearly stated that the strike which was imminent would be against foreign shipping com- panies because of their refusal to use pilots. Also, when Deegan spokes to President Brzek and members of Local 815 IBL in the union hall, he passed out copies of the Johnson April 21 news bulletin, which gave a detailed account of the nature of the dispute with the foreign shipowners. Deegan also orally explained the issues in- volved in the dispute with the foreign shipowners. His talk and conduct at the union meeting obviously constituted an appeal to the longshoremen not to cross the picket line at the situs of the primary dispute in order to work on the foreign 5 Dock Superintendent Rodriquez of North Pier admitted that he first saw Kozak "on the south side of our dock" and that Kozak complied with Rodriquez' request to picket off their premises. Captain Johnson testified, without contradiction, that Hogan, who was in charge of the dock at Chicago Calumet, had "refused to consider letting us on the property." 126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD vessels, so long as the picket line continued. Thereafter, the picket lines at Milwaukee and Chicago were respected by IBL longshoremen, employed by sec- ondary employers to board the foreign vessels for the purpose of unloading and loading. In my opinion, the foregoing conduct is governed by the Board's decisions in The Pure Oil Company, 84 NLRB 315; Moore Dry Dock Company, supra; and Inter- borough News Company, 90 NLRB 2135. In the Pure Oil case, supra, at page 319, there was a primary strike against Standard Oil and pickets were posted at the Standard Oil premises, including the refinery and the entrance to the dock. The respondent union in that case then sent letters to the National Maritime Union, stating in effect that the Standard Oil dock was "hot" and requesting that Pure Oil cargo not be handled on the Standard dock. The Board held that the "union's letters were appeals to refuse to perform services only at the Standard Oil Dock" and that these appeals, like the picketing, "amounted to nothing more than a request to respect a primary picket line at the Employer's premises." In Moore Dry Dock, the respondent union had a primary dispute with the owners of the vessel Phopho, which was docked at the Moore premises and upon which Moore's employees were doing repair work, and was picketing Moore's premises. The respondent union sent letters to other unions, including the unions representing Moore's employees, declaring the Phopho to be "hot" because of the dispute with its operator, and requesting their cooperation. Representatives of re- spondent union also made a similar appeal for cooperation to other locals at the premises of Moore and appeared at a meeting of the Trades Council, where they explained the dispute with the operator of the Phopho and requested the Council's cooperation. The Council went on record as supporting the respondent union in its dispute with the Phopho, and other locals pulled their members, employed by Moore, off the Phopho. All work by Moore employees ceased on the Phopho and requests for other men to work an the Phopho were not complied with by other locals (92 NLRB at pp. 561-562). The Board, pointing out that the union was careful to indicate that its dispute was solely with the primary employer, the owner of the Phopho, agreed with the Trial Examiner that the "hot" letters and "appeals" for cooperation to Moore employees and the other unions incited action only at the situs of the dispute and "therefore under the holding in the Pure Oil case they must be considered as primary action" (92 NLRB at pp. 551-552). In the Interborough News case, supra, the respondent union induced its member employees of secondary employers to refuse to deliver newspapers to subway news- stands operated by Interborough News Company, with with the respondent was engaged in a labor dispute. Here also, the Board "agree[d] with the Trial Examiner's conclusion that because the respondent's conduct in such inducement invited action only at the premises of the primary employer, whose employees were on strike, it was not violative of Section 8(b)(4)(A)," again citing the Pure Oil Co. case. So too in the instant case, it was at all times made clear that the dispute was with the foreign shipowners; it was the foreign ships which were declared to be "hot"; and the inducement of other union members and of secondary employees invited their action of refusing to perform services only on the foreign vessels, the situs of the primary disputes In line with the Board's decisions, hereinabove set forth, I find that the conduct, which occurred at Milwaukee, Wisconsin, and Chicago, Illinois, was primary, lawful activity not proscribed by Section 8(b)(4)(A) of the Act, and that the impact on the secondary employers was merely incidental to the primary picketing.? 2. At Cleveland, Ohio The conduct engaged in by the pickets at the premises of Lederer and Cleveland Stevedore was of the type proscribed by Section 8(b)(4)(A) of the Act in the following respects: (a) The pickets actively induced and encouraged employees of secondary em- ployers to refuse to handle cargo, which came from or was destined for foreign ships, at the sites of the secondary employer; truckdrivers of customers and sup- 6 It is in this respect that The Humko Co., Inc., case, 121 NLRB 1414, is distinguishable. For in the Humko case, the inducement of secondary employees at a union meeting in- vited their action of refusing to handle the goods of Humko (the primary employer) at the premises of the secondary employer. 7 Thus the neutral employers, P & V Atlas, North Pier, and Chicago Calumet, had no more adverse effects than they would have suffered had they been working on the foreign vessels at (locks owned by the owners of the foreign vessels and had the picketing been at those docks. Seafarers International Union of North America, et at. v. N.L.R.B. (Salt Dome Production Co.), 265 F. 2d 585 (C.A., D.C.). INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 127 pliers of Lederer and Cleveland Stevedore, who were seeking to enter the premises for the purpose of picking up cargo from or delivering cargo to the warehouse, were directly and affirmatively induced by pickets to refrain from entering the premises where the cargo involved came from or was destined for a foreign vessel. Unlike the situation of the longshoremen who had to board and perform their work on the foreign vessel, the situs of the primary dispute, the truckdrivers transact their business exclusively at the warehouse and terminals of Lederer and Cleveland Stevedore, premises of the secondary employers not involved in the primary dispute. To this extent, the pickets were engaging in a product boycott which, contrary to Respondents' contention, is unlawful insofar as it involved employees of secondary neutral employers .8 In these circumstances, the conduct was no different from the typical secondary boycott of nonunion goods involved and found unlawful by the Board and the courts in numerous cases. (b) The picketing was not limited to places reasonably close to the location of the situs of the primary dispute: Although picketing outside the premises of Lederer and Cleveland Stevedore was proper because permission to enter the premises and pickets in front of the ships was denied, the picketing was not confined to areas which would have adequately publicized the dispute with the foreign shipowners. Thus at Lederer, the picketing was extended, and sometimes exclusively confined, to the center gates, E and F, used by truckdrivers of secondary employers to enter the premises to transact business with Lederer, another secondary employer. Since the longshoremen and ships' personnel enter the premises through the other gates, it is clear that a picket line confined to such gates would have adequately publicized the dispute with the foreign shippers. Moreover, the gates were not so far apart that those few employees of Lederer and of foreign shipowners who might enter through Gates E and F could not fail to see the picket line at the other gates. The extension of the picket line to Gates E and F was adeliberate atempt to impose the necessity of crossing a picket line upon the bulk of the traffic through those gates, including necessarily employees of neutral trucking companies doing business with Lederer, another neutral.9 Thus the record shows that truckdrivers refused to cross the picket line to enter the Lederer premises through Gates E and F, even in those cases where the cargo involved was not foreign cargo and despite the assurance of a Lederer official that the cargo involved was storage material. This is so because of the well- known reluctance of union men to cross a picket line of any kind. The same was true at Cleveland Stevedore where the pickets left the gates to go to the truck dock and into Main Avenue, there waved down approaching trucks with their picket signs, and actively induced and encouraged the truckdrivers not to drive to the truck docks at Cleveland Stevedore's warehouse. (c) The pickets did not at all times disclose clearly that the dispute was with the foreign shipowners, the primary employer. On many occasions, one of the men would stand in front of the Lederer truck gate, without a picket sign, and refuse to move from in front of trucks trying to gain access, while persons previously carrying picket signs would affirmatively induce the drivers not to enter to pick up or deliver foreign cargo from or to the Lederer warehouse. On one such occasion, when a Federal Express driver pulled up to the truck gate to make a delivery to the Lederer terminal, about six or seven pickets, without signs, were present in front of the gate. The driver asked them "what was the matter," and was merely informed that "they were just trying to keep the trucks out." On another occasion, a Federal Express driver stopped his truck and went to the picket line to inquire what it was all about. Before he could make an inquiry, he was asked by a picket, "You ain't going through the line?" The Board has held that when neutral employees ask questions about the dispute, pickets may not give an evasive answer but have an obligation to make clear that the picketing is not directed against them in order to dispel or mitigate the effect which such picketing could reasonably be expected to have on the em- ployees of neutral employers.10 This the pickets failed to do in the instant case. In view of all the foregoing conduct set forth in (a), (b), and (c), above, and upon the basis of the entire record considered as a whole, I find that the pickets at Lederer and Cleveland Stevedore did not conduct themselves in such a way as to 8 See, e.g., Washington-Oregon Shingle Weavers' District Council, et al. (Sound Shingle Co.), 101 NLRB 1159, enfd. 211 F. 2d 149 (C.A. 9). 8 Retail Fruit & Vegetable Clerks' Union, Local 1017, et at. (Retail Fruit Dealers Association of San Francisco, Inc.), 116 NLRB 856, 859, 861, enfd. 249 F. 2d 591 W.A. 9) ; Amarillo General Drivers, et at. (Crowe-Gulde Cement Company), 122 NLRB 1275. io Seafarers' International Union, etc. (Superior Derrick Corporation), 122 NLRB 52; Amarillo General Drivers, at at., supra; Richfield Oil Corporation, 95 NLRB 1191. 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD minimize the impact on neutral employees, although this could have been done with- out substantial impairment of the effectiveness of the picketing in reaching the pri- mary employees or those performing services at the situs of the primary employer, the consideration held by the Board to be controlling in developing and applying the Moore Dry Dock standards.1' Here the impact on the neutral secondary employers was not merely incidental to primary picketing, but was intentional and deliberate. It is also clear, and I find, that at least one object, if not the only object, of the picketing was to force or require the trucking companies to cease doing business with Lederer and Cleveland Stevedore and to force or require Lederer and Cleveland Stevedore to cease doing business with the foreign shipowners. I find that the pickets engaged in conduct proscribed in Section 8(b)(4)(A) of the Act by inducing and encouraging the employees of trucking companies doing business with Lederer and Cleveland Stevedore to engage in concerted refusals in the course of their employment to handle commodities or to perform services with an object of (1) forcing or requiring the trucking companies to cease doing business with Lederer and Cleveland Stevedore, and (2) forcing or requiring Lederer and Cleveland Stevedore to cease doing business with the foreign shipowners. D. Liability for the conduct proscribed in Section 8(b)(4)(A) Respondents concede that Local 47 and its agent, Captain Johnson, are liable for the picketing and the conduct of the pickets at the premises of Lederer and Cleveland Stevedore in Cleveland, Ohio, conduct hereinabove found to be proscribed in Sec- tion 8(b)(4)(A) of the Act. They deny, however, that MMP, the International, is liable for such conduct or that Johnson at any time material to the complaint acted as an agent of MMP. The General Counsel contends that MMP and Local 47 acted in concert in pursuit of a common objective and "were and are engaged in a joint venture in the dispute with the foreign ship owners," and that Johnson acted as the agent of both Local 47 and MMP in this venture. Consequently, the General Counsel argues, each organization was an agent of the other and, together with Johnson, responsible for the conduct of all. In support of his position, the General Counsel relies on the provisions of the constitution of MMP and Local 47, and the actual participation by each in the relevant conduct. The relevant provisions of the constitution of MMP and Local 47 are set forth in appendixes B and C, attached to this report. MMP's constitution (article II, section 2) provides that members of the MMP "shall be divided into Local Sub- ordinate Associations" and for the segregation of subordinate locals into districts under the supervision of one or two International vice presidents. Article III, sec- tion 1, provides: "(a) Every Subordinate Local shall hereafter be known by the following: INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, LOCAL NO. __," and for the setting up of the subordinate locals. Sec- tion 4 of article III requires that the Local "shall arrange for and have all their officers who are entrusted with the finances of such Local bonded." 12 Article IV, section 1, sets forth the mechanical requirements for admission to membership in a local. Section 6 of that article provides that "Each member, immediately after his initiation shall be handed a copy of the International Constitution and By-Laws and he shall sign receipt for same." Article IV also carefully prescribes the membership which locals may admit or accept, including regular and probationary members and permit holders. Article VIII, section 1, provides that "the authority and power of this organization is vested in the members thereof acting by and through their duly elected or appointed officers and delegates meeting in Convention assembled," and further states that the convention is "the source of all true and legitimate authority over the organization and possesses as such supreme and absolute power over same and all channels leading thereto." Section 3 of that article provides that the Inter- national executive committee is clothed with all of the powers of MMP during such times when the convention is not in session. Article X prescribes the minimum initiation fees and dues to be charged by the locals and grants the International president the power to waive initiation fees. Article XI, section 6, provides that the International executive committee "shall have power between Conventions . to recommend the calling of a strike in a dispute over which the International Organization of Masters, Mates and Pilots, Inc., has jurisdiction." Article XIII, section 8, gives the International president the full power to investigate the books and affairs "of any Local as he may desire" and to appoint trustees. Article XVIII, -Retail Fruit d Vegetable Clerks' Union, Local 1017, et al. (Retail Fruit Dealers Association of San Francisco, Inc.), supra. 12 1 note that Johnson is also acting as secretary-treasurer of Local 47. INT'L ORGANIZATION OF MASTERS , MATES & PILOTS, ETC. 129 section 4, provides that any local violating orders of the International president or the International executive committee may be suspended or dissolved and its funds and property taken over by MMP. While locals have authority to negotiate con- tracts, article XIX provides that such agreements must be made in the name of the MMP and no agreement may be signed by a local officer without receiving the consent of the International president or International vice president of the district. Article XXIII provides that no local may adopt or amend its own bylaws without the written approval of the International president , attested to by the International secretary-treasurer. Section 2 of that article provides that "any article in the By-Laws of any Local conflicting with this constitution is hereby repealed and no Local shall alter or amend any part of this constitution ." Moreover, any bylaws,. rules, and regulations adopted by locals are subject to the approval of the Inter- national president and secretary -treasurer provided "always, however , that no By Laws , rules and regulations shall be approved which are in contravention to any provision in this constitution." The constitution and bylaws of Local 47 point up the interrelation and dove- tailing of constitutional provisions . Thus, article XVI provides that the initiation fee in the local "shall not be less than that provided for in the International Constitution of Masters, Mates and Pilots." Section 3 of that article provides that "all members in arrears shall be governed by the International Constitution , International Organi- zation of Masters, Mates and Pilots." Article IV, section 1, provides that member- ship transfers to other locals shall be issued in accordance with the provisions in the International 's (MM P 's) constitution . Article VII provides for nomination and elec- tion of delegates to the MMP convention . According to article XIV, section 7, appeals from convictions in a trial by Local 47 are made to the executive board or convention of MMP. Article XIX, sections 1 and 2, provide for the calling of a strike and that "such strike shall receive the indorsement of the International Execu- tive Committee of the International Organization of Masters , Mates and Pilots." The constitution and bylaws of Local 47 were approved by Capt. T. C . Atkins, International president , and executive board. Changes in the International constitution are included separately in the constitu- tion and bylaws of Local 47 . One such change is the amendment of article X, section 1 (b), to show the increase in initiation fees for offshore locals , effective January 1, 1957. Another change, which shows the authority granted by the Inter- national to local officers and which recognizes the authority inherent in the holding of a local office with relation to the International ( MMP), is the amendment to article XXIV, section 2 . This amendment authorizes "the officials of each Local . to use every precaution to avoid situations that may cause suits to the Locals or the International Organization." It is apparent , and I find, that the provisions of the constitution and bylaws of MMP and Local 47, hereinabove summarized and set forth in more detail in ap- pendixes B and C , not only disclose that the International exercises substantial con- trol over the organization and internal operations and functions of Local 47 , but also demonstrate the interdependent and intermeshed character of the two organizations. A realistic appraisal of the motives of the Respondents in relation to the overall objective is a relevant consideration in determining the responsibility for the conduct involved.13 Such an appraisal discloses the community of interest , common to MMP and Local 47, in the activities and pressures brought to bear on the foreign shipowners through the instrumentality of Johnson , president of Local 47 and vice president of MMP in charge of the Great Lakes district, which included Locals 47 and 92. It is clear that the object of all Respondents was to force certain eco- nomic concessions from the foreign shipowners . Local 47's interest was in behalf of its members , itself, and of its sister local, Local 92 . MMP's interest was one of protecting the interests of its membership 14 and of the membership of Locals 47 and 92 as to availability, tenure , and conditions of employment in the marine field.15 This was early demonstrated by the telegram in the fall of 1947, which was sent by Johnson as International vice president and which demanded that the Federation "stop discriminating against American pilots and place them immediately." MMP 13Los Angeles Building and Construction Trades Council, AFL, at at. ( Standard Oil Company of California ), 105 NLRB 868, 874. 14 The record shows that one becomes a member of MMP by becoming a member of a local. is Thus, the preamble to the constitution of M5IP states : "We the officers of the mer- chant marine:-for the better regulations of matters pertaining to our crafts , the elevation of our standing as such and our character as men do ordain and establish this constitu- tion of the International Organization of Masters , Mates and Pilots, Inc." 130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD further identified itself with the primary dispute when on April 16, 1958, the Federa- tion received a telegram from Johnson as International vice president, pointing out that "any foreign vessel proceeding above Kingston without a pilot will be jeopardiz- ing the safety of navigation on the Great Lakes" and threatening that "we will take any action necessary to prevent this disastrous practice." [Emphasis supplied.] The record shows that the above threat was implemented by joint action of MMP and Local 47 in a concerted effort to attain their common objective. As the General Counsel states in his brief, MMP's active participation in and support of the strike or dispute and its concomitant picketing is best illustrated by the April 16 and 17 telegrams, over the name of Bishop, secretary-treasurer of MMP, to officials of other maritime labor organizations, soliciting support. These wires were sent prior to the inception of picketing at any American ports and clearly identified MMP with the dispute and the activities to be carried on in connection therewith. Thus, they state, among other things, that "we request" your support because of refusal "to recognize our agreements." [Emphasis supplied.] These wires were sent by Bishop's secre- tary from his office in Washington, D.C., at the request of Johnson, who was known to the secretary to be a vice president of MMP. Johnson admitted that it was the common practice for such wires to issue in the name of Bishop when an International vice president requests Bishop's secretary to send a wire, even though no request is made that Bishop's name appear thereon. Johnson further admitted that any wire emanating from Bishop's office comes from Bishop. Moreover, Bishop at no time repudiated the use of his name on these wires, although he later became aware of it. Under all the circumstances disclosed by the record, I find that the secretary had prior authority of Bishop to act in his behalf in sending these wires, and that Johnson was aware of it and knew that the wires would be issued in Bishop's name. Johnson gave copies of these wires to Deegan and Kozak for the purpose of proving to officials of other unions, whose support was being sought, that the proposed picket action was authorized by, and had the support of, MMP. Thus, as previously found, when Kozak met with officials of IBL and other unions in Chicago and was asked "by whose authority" the pilot picket action was being undertaken, Kozak showed them the copies of the Bishop night letters which satisfied them that it was by the authority of MMP. Moreover, Johnson admitted in a newsletter directed to the members of Local 47 and dated July 1, 1958, that "the strike was sanctioned by the International and nothing was done that they weren't fully aware of. As in any strike, sometimes drastic action has to be taken immediately." At the hearing, Johnson admitted that on two occasion he talked to Captain Bishop, secretary-treasurer of MMP, about the strike to "exchange ideas with one another and we are helpful to one another," that one occasion was when Johnson was in Montreal and the other occasion was "the time about 3 days after the strike was on." He explained that the usual prac- tice was to keep the secretary-treasurer of MMP fully informed about what had been done, that he in turn informs the executive board of MMP, and that when the executive board takes no action opposing the strike, it meant that it is sanctioned by MMP. Johnson admitted that he followed the usual practice in this case; that he explained to Bishop about the strike and what had been done; and that the execu- tive board of MMP took no adverse action; thereby sanctioning the strike. Further- more,.Johnson admitted to Deegan and Kozak that the strike and picket action had been sanctioned by the International. 16 MMP's participation in the picketing activities is also demonstrated by the picket signs used by the pickets at Cleveland, Chicago, and Milwaukee. These signs at all times bore only the name of the International, MMP, and Johnson was fully aware of this fact. Although, pursuant to Johnson's instructions, the word "strike" was bent over and the words "Lockout by Foreign Ships" were inserted, Johnson ad- mittedly gave no instructions to insert the name of Local 47 anywhere on the picket signs. On the contrary, when Kozak asked Johnson in one of the telephone con- versations why the picket signs did not contain the name of Local 47, Johnson stated that the signs were just the way he wanted them to read and that he did not want Local 47's name on the picket signs.17 Nor did MMP ever repudiate the use of its name on these signs. 10 Based on the credible testimony of Deegan and Kozak. I do not credit Johnson's denials, particularly since such action is consistent with Johnson's admissions and the requirement in Local 47's constitution that "such strike shall receive the endorsement of the International Executive Committee." 17 Based on the credible testimony of Kozak. I do not credit Johnson's denial in this respect. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 131 The record also shows that MMP assisted Local 47 financially during the strike. Johnson admitted that when Kozak telephoned to him and asked about the money to pay the pickets in Chicago, he told Kozak that "we were getting awfully low and would have to get after the International to help us out." During April or May 1958, MMP sent $2,000 to Local 47. This money was never accounted for, but was used in part either to pay the pickets or as replacement for money withdrawn by Local 47 .from its treasury to pay the pickets. Johnson further admitted that MMP is being billed for the total cost of the strike, about $8,000. Captain Johnson was the directing force in the entire enterprise on the American :side. He was president of Local 47 and vice president of MMP in charge of the Great Lakes district, which included Locals 47 and 92. His activities in connection with the dispute and the picket action have already been described. In addition, he was physically present both during and prior to the inducement and encouragement of employees of neutral employers at Cleveland, Ohio. Throughout his activities, Johnson did nothing to insulate MMP from the dispute but, on the contrary, affirmatively drew it into the dispute. On the one hand, he invoked the name, weight, and prestige of MMP to further the effectiveness of the action directed against the foreign shipowners; on the other hand, he did little or nothing to point up that Local 47 was a major participant in the dispute. Upon consideration of all the foregoing and the entire record as a whole, I am convinced and find that MMP and Local 47 were engaged throughout their activity, including the unlawful conduct, in a joint venture relationship to bring economic pressure to bear against the foreign shipowners to compel them to recognize their agreements and to make certain concessions concerning the use of pilots on the Great Lakes. In pursuit of the common venture, each is an agent of the other and equally responsible for the conduct committed by the group in pursuing the common objective.18 I therefore find that the International, MMP, is responsible for the conduct at Cleveland, Ohio, hereinabove found to have been proscribed in Section 8(b) (4) (A) ,of the Act, and that Local 47 is responsible for such conduct not only as a principal but also as an agent of MMP. I further find that Johnson acted in this joint venture not only as an agent of Local 47 but also as an agent of MMP, within the meaning .of Sections 2(13) and 8(b) of the Act, and therefore is equally responsible for such conduct. E. Status of MMP and Local 47 as labor organizations As the unfair labor practices proscribed in Section 8(b)(4)(A) of the Act may be committed only by a "labor organization or its agents," it becomes necessary to determine whether MMP and Local 47 are labor organizations within the meaning of the Act or acted as agents of such labor organizations. It is the Respondents' position that MMP and Local 47 are not labor organizations because the pilots in- volved in the dispute, according to Respondents, are not employees within the meaning of the Act. The General Counsel contends that MMP is a labor organiza- tion, regardless of the status of pilots, and that, in any event, the pilots are em- ployees within the meaning of the Act. For reasons hereinafter indicated, I find it unnecessary to determine the employee status of pilots. 1. As to MMP Section 2(5) of the Act provides: The term "labor organization" means any organization of any kind . . . 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. MMP concededly is an organization which exists for the purpose, in part, of deal- ing with employers concerning the subject matters enumerated in Section 2(5) of the Act. Is it also an organization in which employees participate? MMP's constitution (article II, section 1(a) and (b), and article XXV) permits the acceptance into membership of nonofficer personnel. Respondents concede that the members of MMP's Local No. 3 (Associated Maritime Workers), for which provision is made in MMP's constitution, are "employees" within the meaning of the 18National Maritime Union, AFL-CIO, et at. ( Standard Oil Company, an Indiana Corporation ), 121 NLRB 208; Hitchman Coal and Coke Company v. B. Mitchell, individu- ally, et at., 245 U. S. 229, 249. 132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act. Membership in MMP is acquired by becoming a member of a local. In addi- tion, MMP has previously conceded that it is a labor organization within the meaning of the Act.19 Moreover, the services of the Board have been invoked for the purpose of repre- senting nonsupervisory employees. For example, in 1953, MMP "Apprentice Local #3" filed a representation petition in Maritime Transit Company (Case No. 13-RC-3733, unpublished) for a unit of "deckhands, oilers, cooks, maids, watchmen, excluding master-pilots, pilots, mates, chief engineers and assistant engineers, pro- fessional employees, supervisors and guards as defined in the Act." The Local won the ensuing election and was certified. In 1952 a petition was filed by "National Organization Masters, Mates & Pilots of America, Apprentice Local #3, National Organization Masters, Mates & Pilots of America, AFL" for a unit of "dockhands oilers, cooks, cabin boys, mates, excluding masters, pilots and engineers." Sinclair Refining Company (Case No. 14-RC-1912, unpublished). This election was also won by Local #3, which was then certified as bargaining representatives for these employees. And in 1954 MMP filed a petition in the capacity of a "labor organiza- tion" seeking to represent nonsupervisory employees in a unit of "all boat operators but excluding retail clerks, meat cutters, office clerical, guards, professional and supervisory employees." This petition resulted in a consent-election agreement. Economy Boat Stores (Case No. 14-RC-2549, unpublished) 20 From the foregoing, I conclude and find that MMP is an organization in which individuals who are employees within the meaning of the Act participate. Based on the same evidence, hereinabove set forth, the Board found in August 1958, that MMP is a labor organization within the meaning of the Act. Standard Oil Com- pany, 121 NLRB 208. Respondents argue that the Standard Oil Company decision is distinguishable because the dispute in that case involved individuals who ad- mittedly were "employees," whereas the dispute in the instant case involves pilots who, Respondents contend, are not "employees." Respondents thus contend that MMP may be a labor organization in one case but not in another. However, the Board's decision does not rest on the narrow ground urged by Respondents. More- over, the status of the individuals involved in an organization's dispute is not one of the requirements set forth in the statutory definition of a labor organization. The requirement is merely that it be an organization in which "employees" participate. I find that MMP has met the requirements set forth in the statutory definition and that, in line with the Standard Oil Company decision, supra, MMP is a labor organization within the meaning of Section 2(5) of the Act 21 2. As to Local 47 Although I have found that Local 47 is liable for the proscribed conduct at Cleveland, Ohio, as an agent of a labor organization (MMP), I find it unnecessary to determine whether Local 47 is also a labor organization because the Board lacks jurisdiction to make any unfair labor practice findings against Local 47 as a Re- spondent or to direct an order against Local 47 as a Respondent, for the following reasons: The only conduct which I have found to be proscribed by Section 8(b) (4) (A) of the Act is that which occurred at the premises of Lederer and Cleveland Stevedore in Cleveland, Ohio. The allegations of the amended consolidated complaint relating to this conduct are based on the charge filed in Case No. 13-CC-180, which was Case No. 8-CC-76 before its consolidation. This was a joint charge filed on May 2, 1958, with the Regional Director for the Eighth Region in Cleveland, Ohio, by Cleveland Stevedore, Lederer, National Terminal, and the Federation. Only MMP and Johnson, but not Local 47, are named as Respondents in this charge. Conse- 19 J W. Banta Towing Company, Inc., at at., 116 NLRB 1787. In holding that the district court did not err in determining that there was reasonable cause to believe that MMP was a labor organization in the 10 (1) injunction proceeding collateral hereto, the Court of Appeals for- the Seventh Circuit deemed it significant that MMP "conceded in other cases and pleadings that they are a labor organization ." Madden v . International Organization of Masters, Mates and Pilots of America , Inc., AFL-CIO, 259 F. 2d 312, cert. denied 358 U.S. 909. 20I do not credit the testimony of E. A . Adams, who admitted signing the petition and the consent-election agreement, that he was acting on behalf of Apprentice Local No. 3 and that the Local's name was omitted from these documents through an oversight. 21 In The Wilson Transit Company, et at., 80 NLRB 1476, 1477, 1480, the Board also found MMP to be a "labor organization" but dismissed the petition on the ground that the individuals sought to be represented were supervisors within the meaning of the Act. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 133 quently, the Board has no jurisdiction to add Local 47 in the complaint as a Respondent with respect to this conduct, or to make unfair labor practice findings or issue an order against it as such Respondent.22 And the mere consolidation, "for the purpose of complaint and hearing" in order "to avoid unnecessary costs and delay," of the Cleveland charge with the other charges filed with the Regional Director for the Thirteenth Region in Chicago, Illinois, in Cases Nos. 13-CC-168, 13-CC-169, and 13-CC-170, cannot confer upon the Board a jurisdiction which it did not otherwise have in this respect. There remains for consideration the question of whether the allegations in ques- tion may be maintained solely on the basis of the Chicago charges on the well- settled principle that a complaint may enlarge upon a charge to include "allegations of unfair labor practices uncovered during the investigation" of the duly filed charges, which occurred within 6 months of the filing of such charges,23 or allega- tions whose "discovery was a natural result of the investigation." 24 Three separate charges were filed with the Chicago Regional Office on April 25 and 28, 1958, by Chicago Calumet, P & V Atlas, and North Pier, respectively. The charges state that employees of these named companies were unlawfully induced to refuse to work at specific named locations in Chicago, Illinois, and Milwaukee, Wisconsin, all within the territorial jurisdiction of the Chicago Regional Office. MMP and Local 47 are named as Respondents in each charge. The procedure for the processing of charges is set forth in the Board's Statements of Procedure-Part 101, published in the Federal Register. Section 101.2 provides for the filing of the charge with the Regional Director for the region in which the alleged violations have occurred or are occurring. Section 101.4 contains the following provisions: The Regional Director requests the persons filing the charge to submit evidence in its support, and the person against whom the charge is filed to submit a written statement of his position in respect to the allegations in the charge. The case is then assigned to a member of the field staff for investigation, who interviews representatives of all parties and those persons who have knowledge of the charges. In view of all the foregoing, it is not reasonable to assume that the conduct which occurred in Cleveland, Ohio, involving different companies at locations within the territorial jurisdiction of another Regional Office (Eighth Region), would have been "uncovered" by the staff of the Chicago Regional Office (Thirteenth Region) "during the investigation" of the Chicago charges, or that its "discovery" would have been "a natural result of the -investigation" of the Chicago charges. That such conduct in fact was not uncovered in the course of the investigation of the Chicago charges, is shown by .the fact that the original consolidated complaint, which issued on May 23, 1958, before the General Counsel at Washington, D.C., issued an order transferring the Cleveland charge to the Chicago Regional Office,25 was based solely on the Chicago charges, and did not include the allegations concerning the conduct at the premises of Lederer and Cleveland Stevedore in Cleveland, Ohio. The con- clusion is inescapable that the latter allegations are based solely on the Cleveland charge. F. Concluding findings I have found, as previously detailed, that the conduct which occurred at the premises of Lederer and Cleveland Stevedore in Cleveland, Ohio, is proscribed by Section 8(b)(4)(A) of the Act. I have also found that MMP is a labor organiza- tion within the meaning of the Act and is liable for such conduct. I have further found that Local 47 and Johnson acted as agents for MMP, within the meaning of Sections 2(13) and 8(b) of the Act, and are therefore equally liable for such con- duct as agents of a labor organization, but that the Board lacks jurisdiction to hold Local 47 liable as a Respondent. Accordingly, I find that MMP and its agent, Johnson, violated Section 8(b) (4) (A) of the Act by inducing and encouraging 22 Seampru/e, Incorporated, 82 NLRB 892, 894, 900-901 ; N.L.R.B. v. Hopwood Re- tinning Co., 98 F. 2d 97, 101-102 (C.A. 2). 23 Cathey Lumber Company, 86 NLRB 157, 159-162; Morristown Knitting Mills, 80 NLRB 731, 732. 24 N.L.R.B. v. Kohler Company, 220 F. 2d 3, 7 (C.A. 7) ; Charles Ostrowski, et at., d/b/a Philadelphia Woodwork Company, 121 NLRB 1642. 25 On June 23, 1958, a month after the issuance of the original consolidated complaint, General Counsel Fenton issued an order transferring Case No. 8-CC-76 from the Eighth Region to the Thirteenth Region and continuing said case in the Thirteenth Region as Case No. 13-CC-180, "in order to effectuate the purposes of the National Labor Relations Act, and to avoid unnecessary costs or delay." 535828-60-vol. 125-10 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees of employers 26 doing business with Lederer and Cleveland Stevedore to engage in concerted refusals in the course of their employment to handle com- modities or to perform services for their respective employers , with an object of (1) forcing or requiring such employers to cease doing business with Lederer and Cleveland Stevedore, and (2 ) forcing or requiring Lederer and Cleveland Stevedore to cease doing business with foreign shipowners.27 IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondents set forth in section III, above , occurring in con- nection with the operations of the Employers set forth in section I, above, have a close, intimate, and substantial relation to trade, traffic , and commerce among the several States, and tend to lead to labor disputes burdening commerce and the free flow of commerce. V. THE REMEDY Having found that the Respondents , MMP and Johnson, have engaged in activities violative of Section 8(b)(4)(A ) of the Act, I will recommend that they cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act. Local 47 will of course be enjoined by such an order to the extent that it may act as an agent of MMP. I will also recommend that Respondents post copies of the notice, attached hereto as Appendix A, at its business office at Cleveland , Ohio, and that signed copies of such notice be furnished by the Regional Director for posting , the Employers willing, at the premises of Lederer and Cleveland Stevedore and at the Ohio premises of the other employers affected by Respondents' unfair labor practices ( see footnote 27, supra). Upon the basis of the foregoing findings of fact and upon the entire record in the case, I make the following: CONCLUSIONS OF LAW 1. International Organization of Masters, Mates and Pilots of America, Inc., AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 2. Rolla R. Johnson and Great Lakes District , Local No. 47, International Organi- zation of Masters, Mates and Pilots of America, Inc., AFL-CIO, are agents of the above-named labor organization , within the meaning of Sections 2(13) and 8(b) of the Act. 3. The above-named labor organization and Rolla R. Johnson have engaged in unfair labor practices within the meaning of Section 8 (b)(4)(A) of the Act by in- ducing and encouraging employees of employers doing business with Lederer Terminal Warehouse Company and Cleveland Stevedore Company to engage in con- certed refusals in the course of their employment to handle commodities or to per- form services for their respective employers, with an object of ( 1) forcing or re- quiring such employers to cease doing business with Lederer and Cleveland Stevedore, and (2 ) forcing or requiring Lederer and Cleveland Stevedore to cease doing business with foreign shipowners. 4. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2(6) and (7) of the Act. 5. Unfair labor practices have not been committed by any Respondents at Chicago, Illinois, and Milwaukee, Wisconsin , and by Local 47 at Cleveland, Ohio. [Recommendations omitted from publication.] 2Q These include Valley Freight Lines , Lake Erie Freight Lines , Cleveland Buffalo Freight Lines , Saunders Cartage Freight Lines , Greeley Warehouse , Federal Express, Inc., Shoemauker Company, Baltimore-Pittsburgh Freight Company, American Rubber Company, S. J. Kiebler Brothers , Warner and Smith Truck Transport, Brewer Trucking Company, and Norwalk Truck Lines, Inc. 271 find without merit Respondents ' contention that the Act does not apply to the conduct in question because the primary dispute involves "the economy of foreign vessels" while navigating the Great Lakes . Regardless of whether the Board has or has not jurisdiction over the foreign shipowners , as such , the Board clearly does have jurisdiction over unfair labor practices occurring in this country affecting commerce . Washington- Oregon Shingle Weavers' District Council, et al. (Sound Shingle Co.), 101 NLRB 1159; Moore Dry Dock case , supra. INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 135 APPENDIX A NOTICE TO ALL MEMBERS OF INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS OF AMERICA, INC., AFL-CIO, AND OF GREAT LAKES DISTRICT, LOCAL No. 47 Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the Labor Management Relations Act, we hereby notify you that: WE WILL NOT induce or encourage employees of employers (other than foreign shipowners) doing business with Lederer Terminal Warehouse Company and Cleveland Stevedore Company to engage in a strike or concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on goods, articles, materials, or commodities, or to perform any services for their respective employers, where an object thereof is (1) to force or require such employers to cease doing business with Lederer Terminal Warehouse Company and Cleveland Stevedore Company, or (2) to force or require Lederer Terminal Warehouse Company and Cleveland Steve- dore Company to cease doing business with foreign shipowners. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS OF AMERICA, INC., AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative) Title) Dated------------------- By------------------------------------------- ROLLA R. JOHNSON, Vice President This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. APPENDIX B RELEVANT PROVISIONS CONTAINED IN CONSTITUTION OF INTERNATIONAL, MMP Article 11 Section 1: (a) This Organization shall be composed of personnel acting in an officer capacity aboard sail or power-propelled vessels on ocean, coastwise, Great Lakes and inland waters, who have been regularly admitted to membership and are in good standing. (b) Local subordinate associations may limit the membership thereof to type of jurisdiction such as ocean, coastwise, Great Lakes and inland waters, according to the desires of the membership. (c) The Locals of the international organization shall be segregated into nine dis- tricts. Each District shall embrace the following jurisdiction. . (d) Each District shall be under the supervision of one or two International Vice Presidents, excepting the Associated Maritime Workers District which shall be under the supervision of the Associated Maritime Workers Vice President. Article III Section 1: (a) Every Subordinate Local shall hereafter be known by the follow- ing title: INTERNATION ORGANIZATION OF MASTERS, MATES AND PILOTS Local No. -------- Section 4 : The Local shall arrange for, and have all their officers who are en- trusted with the finances of such Local bonded, and the International Secretary- Treasurer informed of the names of such officers so bonded , and by what company. Article IV Section 1 : ( a) A person desiring membership in the Organization shall make application on the form prescribed and supplied by the International office. (b) To be admitted to membership , a person with the qualifications as stated in Article II, Section 1, shall fill out an official blank, deposit the initiation fee, three months dues and current assessments , if any, with the Local with which the applicant desires membership . The application shall be submitted to the membership at a 136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD regular meeting for acceptance or rejection subject to the Local's By-laws, Rules and Regulations. If rejected, all money deposited by the applicant shall be refunded to such applicant. Article VII Section 1: Any member who violates his obligations and the rules or regula- tions adopted by the Organization or Local, and/or acts in a manner unbecoming a member of organized labor . . . , shall be summoned before the membership of his Local for trial and be dealt with according to the findings of such trial. Article VIII Section 1: The authority and power of this Organization is vested in the mem- bers thereof acting by and through their duly elected or appointed officers and delegates meeting in Convention assembled. Section 2: Such Convention is the source of all and legitimate authority over the Organization and possesses as much supreme and absolute power over same and all channels leading thereto, . Section 3: The International Executive Committee, as hereinafter constituted, shall when the Convention is not in session have and be clothed with all power of the Organization in Convention assembled. Article X Section 1: (b) The initiation fee in all Locals shall be not less than $200.00 for any applicant. The initiation fee for any applicant who has served more than a year on his license, issued by the United States authorities, shall be not less than $500.00 except where the Organization has no contract and where for organizing purposes the International President may after investigation, give dispensation to a Local and waive all or part of the initiation fee. Section 2: [Prescribes the minimum dues for offshore, coastwise and inland mem- bers.] Dues to be payable quarterly, semi-annually or annually in advance, except a Local that collects dues on a percentage basis. Should any Local or Locals desire to have a sick or death benefit, a separate fund must be created and maintained for that purpose. Article XI Section 6: The International Executive Committee shall have power between Conventions, by a majority affirmative vote of the International Executive Com- mittee, to recommend the calling of a strike in a dispute over which the International Organization of Masters, Mates and Pilots, Inc., has jurisdiction. Such recom- mendation by the International Executive Committee shall by express resolution, give the reasons for the strike and the issues involved. No such strike shall be called until all members ashore or afloat and in port shall by referendum ballot by a majority, vote in favor of a strike. In no case shall a referendum ballot take longer than a period of thirty (30) days. When a strike is called subject to the above conditions it shall not be called off except by a majority affirmative vote of all the members ashore and aboard ship in port or ports. Article XIII Section 8: (a) Upon the recommendation of the majority of the International Executive Committee, the President or any person or persons whom he may desig- nate shall have the right to make such investigation of the books and affairs of any Local as he may desire and all officials of Locals shall render all required assistance to facilitate such examination. (b) If the International President receives information from the investigation conducted in accordance with this Section, which leads him to believe that the officers of a Local are dishonest or incompetent, or that the Local is not being con- ducted for the benefit of the trade, he may appoint a trustee with the consent of the International Executive Committee to take charge and control of the affairs of the Local. Article XVIII Section 4: Any Local violating any of the laws, rules or regulations laid down for its government, or disobeying any lawful order of the International President or International Executive Committee, may be suspended or dissolved and its charter, funds and property taken charge of by the International Executive Committee and be held in trust for the Local by the International Organization. The International INT'L ORGANIZATION OF MASTERS, MATES & PILOTS, ETC. 137 Executive Committee shall have full power to take such other action as it deems advisable. Article XIX Section 2: Locals shall have authority to negotiate agreements affecting their locality and jurisdiction exclusively. The agreement must be made in the name of the International Organization of Masters, Mates and Pilots, Inc. No agreement shall be signed by a Local Officer without receiving the consent of the International President or International Vice-President of the District and the majority of the members involved, except the Master contract of the District already in effect may be signed without submitting it for approval. Original copies of all agreements are to be forwarded to the International Headquarters, copies to be made and retained by Locals or Local in the district which embraces the agreements. Article XXIII Section 1: Any Local may alter or amend its By-laws in the manner specified therein and approved by a two-thirds majority affirmative vote of the membership voting on a referendum ballot. Such alterations or amendments shall not become effective until approved in writing by the International President and attested by the International Secretary-Treasurer under the seal of the International Organization. Section 2: Any Article in the By-laws of any Local conflicting with this Con- stitution is hereby repealed and no Local shall alter or amend any part of this Constitution. Section 3: Locals may adopt By-laws, Rules and Regulations for their govern- ment, subject to the approval of the International President and International Secretary-Treasurer. Provided always however, that no By-law, Rules and Regula- tions shall be approved which are in contravention to any provision of this Constitution. Article XXV Creating . . . Associated Maritime Workers' Locals Section 1: Eligibility to membership shall be any person employed in the Mari- time industry not working under the authority of a license. Section 4: Regular and Associated Maritime Workers' Locals may call joint special meetings for transaction of business affecting both Locals. APPENDIX C RELEVANT PROVISIONS CONTAINED IN CONSTITUTION AND BYLAWS OF LOCAL 47 Article IV Section 1: Transfers to other locals shall be issued in accordance with the provi- sions as stipulated in the Constitution of the International Organization of Masters, Mates and Pilots. Article VII Sections 1 and 2: (make provisions for the nomination and election of delegates to the "convention of the International Organization of Masters, Mates and Pilots"). Article XIV Section 7: Any member convicted in the regular manner of an offense against the local may appeal to the Executive Board or convention of the International Organization of Masters, Mates and Pilots. Article XVI Section 2: The initiation fee shall not be less than provided for in the Inter- national Constitution of Masters, Mates and Pilots and shall accordingly accompany application for membership . . . . Section 3: All members in arrears shall be governed by the International Con- stitution, International Organization of Masters, Mates and Pilots. Article XIX Section 1: The organization may declare a strike in accordance with the following requirements: . Section 2: Such strike shall receive the endorsement of the International Execu- tive Committee of the International Organization of Masters, Mates and Pilots.