General Teamsters Local No. 324, Etc.

836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or article 9, sections 1 and 2, or article 47(a) of the Over-the-Road Agreement, to the extent found unlawful in the Board's Decision and Order. WE WILL NOT enter into, maintain , give effect to, or enforce any other contract or agreement, express or implied, whereby Steffke Freight Company, Gateway Transportation Company, or any other employer, ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of Milwaukee Cheese Company or any other employer, or from doing business with any other person. CHAUFFEURS, TEAMSTERS AND HELPERS "GENERAL" LOCAL UNION No. 200, INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN AND HELPERS OF AMERICA, Labor Organization. Dated---------------- By------------------------------------- (Representative ) (Title) This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, Midland Building, 176 West Adams Street, Chicago, Illinois, Telephone No. CE 6-9660 if they have any question concerning this notice or compliance with its provisions. General Teamsters Local No. 324, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America [Curly's Dairy, Inc., and Timber Valley Dairy, Inc.] and Cas- cade Employers Association, Inc. Case No. 36-CC-96. Septem- ber 26, 1963 DECISION AND ORDER Unfair labor practice charges were filed on January 21, 1963, and thereafter amended on March 5, 1963, by Cascade Employers Asso- ciation, Inc., acting for its employer members, Curly's Dairy, Inc., and Timber Valley Dairy, Inc., against the Respondent, General Teamsters Local No. 324, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America. Thereafter, on April 8, 1963, the General Counsel of the National Labor Relations Board, by the Regional Director for the Nineteenth Region, issued a complaint and notice of hearing alleging that the Respondent had violated Section 8 (b) (4) (ii) (B) of the Act by picketing certain retail 144 NLRB No. 77. GENERAL TEAMSTERS LOCAL NO. 324, ETC. 837 establishments with an object of forcing or requiring these retail establishments to cease doing business with the aforenamed dairies. Copies of the charges, complaint, and notice of hearing before the Trial Examiner were duly served upon the Respondent and the Charg- ing Party. On May 1, 1963, all parties entered into a stipulation of facts, and waived a hearing, the taking of testimony before a Trial Examiner, and the issuance of an Intermediate Report and Recommended Order, and requested that the proceedings be transferred directly to the Board for findings of fact, conclusions of law, and the issuance of a Decision and Order based upon a record consisting of the charge, amended charge, complaint, answer, and stipulation of the parties, including certain exhibits. On May 13, 1963, the Board approved the stipulation and trans- ferred the case to itself. Thereafter, the General Council and Re- spondent filed briefs. Upon the basis of the stipulation, the briefs, and the entire record in the case, the Board 1 makes the following: FINDINGS OF FACT 1. BUSINESS OF THE EMPLOYER Curly's Dairy, Inc., and Timber Valley Dairy, Inc., are Oregon corporations engaged at Salem and Lebanon, Oregon, respectively, in the purchase of raw milk and in the production, processing, sale, and distribution at wholesale and retain of milk and dairy products. They are affiliated family corporations, commonly owned, controlled, and operated, with common officers and directors, and with common control over their labor relations policies. The parties have stipu- lated, and we find, that Curly's Dairy, Inc., and Timber Valley Dairy, Inc., at all times material herein, have constituted a single employer within the meaning of Section 2 (2) of the Act. During the past year, Curly's Dairy, Inc., and Timber Valley Dairy, Inc., purchased and received goods, products, and raw materials shipped directly from outside the State of Oregon valued in excess of $50,000. During the same period, they have had a gross revenue from sales in excess of $1 million. The Respondent admits, and we find, that Curly's Dairy, Inc., and Timber Valley Dairy, Inc., are engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 1 Pursuant to the provisions of Section 3(b) of the Act , the Board has delegated its powers in connection with this case to a three -member panel [Chairman McCulloch and Members Fanning and Brown]. 838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE LABOR ORGANIZATION INVOLVED The Respondent, General Teamsters Local No. 324, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, is a labor organization within the meaning of Section 2(5) of the Act. M. THE UNFAIR LABOR PRACTICES A. Facts Since August 9, 1962, Respondent has been engaged in a labor dispute with Curly's Dairy, Inc., and Timber Valley Dairy, Inc., due to the failure of the parties to reach agreement on a collective- bargaining contract. In support of its continuing dispute, the Re- spondent has engaged in a program to promote and bring about a consumer boycott of the dairy products produced by both employers. Since January 1, 1963, the Respondent has picketed the premises of Albertson's Market, Orcutt's Market, Marth's IGA Store, Jerry Horne Market, and other retail food and grocery markets in the vicinity of Salem and Lebanon, Oregon. One picket has patrolled at the front of each of these establishments wearing aprons or tabards which state : ATTENTION CUSTOMERS CURLY'S DAIRY PRODUCTS Are Being Sold At This Store PLEASE DO NOT BUY CURLY'S MILK AND DAIRY PRODUCTS See our Handbill for Details Local 324, I.B.T. Where the location being picketed sold Timber Dairy's products, the name Timber Valley was inserted in place of Curly's. Pickets were given detailed instructions not to interfere with deliveries or employ- ees at the picketed establishments and were instructed to direct their picketing and handbilling at consumers or customers of the particular establishment. The handbills distributed by the pickets also sum- marized the labor dispute and requested customers not to patronize these distributors [Curly's Dairy and Timber Dairy] but to buy from union distributors listed on the handbill. During the picketing herein, there has been no interference by the Respondent or its pickets with deliveries to or from the retail markets or with employees working at such markets. GENERAL TEAMSTERS LOCAL NO. 324, ETC. 839 Prior to the picketing and handbilling, the Respondent sent letters to the operators of the retail stores (including the aforenamed markets) informing them of their intention to picket peacefully at the store entrances to inform and persuade the public not to buy Curly's or Timber Valley's dairy products. The Respondent also requested in its letter that it be notified of any disruption or interference with deliv- eries to the stores or the work of the employees, so that prompt re- medial action could be taken; in addition the Respondent requested that it be notified if it were incorrect in believing that such dairy products were being sold in order that it could remove the pickets. At all times, the picketing and handbilling have been peacefully conducted. It is undisputed that the Union has no labor dispute with any of the retail markets in question. B. Discussion The Board has consistently held that picketing of a secondary estab- lishment addressed to consumers constitutes restraint and coercion within the meaning of Section 8(b) (4) (ii) of the Act? The hand- bills and picketing here were admittedly aimed at persuading con- sumers not to purchase the dairy products of Curly's and Timber's dairies at the picketed premises. Since the picketing was aimed at re- ducing or causing the complete cessation of the sale of such dairy products, a natural and foreseeable effect of such picketing would be to force the secondary retail establishments to curtail or cease doing business with the dairies that produced the products. We find that the Respondent's picketing was intended to achieve that unlawful result. Accordingly, we find that the picketing herein violated Sec- tion 8 (b) (4) (ii) (B) of the Act.3 2 New York Typographical Union No. 6, International Typographical Union, AFL-CIO ( Gavrin Business Forms Company , Inc), 141 NLRB 1209; Local 445, International Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America ( Colony Liquor Distributors, Inc.; at al ), 140 NLRB 1097; Upholsterers Frame & Bedding Work- ers Twin City Local No. 61, affiliated with Upholsterers' International Union of North America, AFL-CIO ( Minneapolis House Furnishing Company ), 132 NLRB 40; Fruit & Vegetable Packers & Warehousemen, Local 760, and Joint Council No . 28 of the Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Tree Fruits Labor Relations Committee, Inc.), 132 NLRB 1172, 1177, reversed 308 F 2d 311 (C A D.C ), petition for certification granted June 10, 1963 As noted previously, the Board is respectfully adhering to its position that consumer picketing of a secondary establishment constitutes restraint and coercion within the meaning of Section 8 (b) (4) (ii) of the Act. See also Samuel H. Burr & Perfection Mattress & Spring Co. V. N.L R B , 321 F. 2d 612 (C.A. 5), in which the court of appeals specifically indicated its approval of the Board position in this respect. Although we, therefore, do not consider a showing of actual effect a necessary element of the violation , it is noted that the parties have stipulated that approximately 15 cus- tomers of these picketed retail markets informed the operators of such markets that they would not purchase any products from such stores while they were being picketed. 3Local 445, International Brotherhood of Teamsters, etc. (Colony Liquor Distributors, Inc.; at al ), supra, and cases cited supra at footnote 2. 840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES ON COMMERCE The activities of the Respondent as previously set forth, occurring in connection with the operations of Curly's Dairy, Inc., and Timber Valley Dairy, Inc., whom we have found to constitute a single em- ployer, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. VI. THE REMEDY Having found that the Respondent has engaged in unfair labor practices we shall order it to cease and desist therefrom and to take certain affirmative action designed to effectuate the policies of the Act. Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Curly's Dairy, Inc., and Timber Valley Dairy, Inc., constitute a single employer within the meaning of Section 2(2) of the Act. 2. Curly's Dairy, Inc., and Timber Valley Dairy, Inc., are engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 3. General Teamsters Local No. 324, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, is a labor organization within the meaning of Section 2(5) of the Act. 4. By its consumer picketing of Albertson's Market, Orcutt's Market, Marth's IGA Store, Jerry Horne Market, and other retail food and grocery markets in the vicinity of Salem and Lebanon, Oregon, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(b) (4) (ii) (B) of the Act. 5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. ORDER Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, General Team- sters Local No. 324, International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers of America, its officers, agents, repre- sentatives, successors, and assigns, shall: 1. Cease and desist from coercing or restraining Albertson's Mar- ket, Orcutt's Market, Marth's IGA Store, Jerry Horne Market, and other retail markets or any other person engaged in commerce or GENERAL TEAMSTERS LOCAL NO. 324, ETC. 841 in an industry affecting commerce, by picketing them where an object thereof is to force or require them to cease using, selling, handling, transporting, or otherwise dealing in the products of Curly's Dairy, Inc., and Timber Valley Dairy, Inc., or to cease doing business with Curly's Dairy, Inc., and Timber Valley Dairy, Inc. 2. Take the following affirmative action which the Board finds will effectuate the purposes of the Act: (a) Post at its business offices and meeting halls in Salem, Oregon, copies of the attached notice marked "Appendix." 4 Copies of said notice, to be furnished by the Regional Director for the Nineteenth Region, shall, after being duly signed by the Respondent's repre- sentative, be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in con- spicuous places, including all places where notices to its members are customarily posted. Reasonable steps shall be taken to insure that said notices are not altered, defaced, or covered by any other material. (b) Furnish to the said Regional Director copies of the afore- mentioned notice for posting by Albertson's Market, Orcutt's Market, Marth's IGA Store, Jerry Horne Market, and other retail markets, if they be willing, where picketing occurred. (c) Notify the Regional Director, in writing, within 10 days from the date of this Order, what steps have been taken by the Respondent to comply herewith. ' In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "A Decision and Order" the words "A Decree of the United States Court of Appeals , Enforcing an Order." APPENDIX NOTICE TO ALL MEMBERS OF GENERAL TEAMSTERS LOCAL No. 324, INTER- NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN & HELPERS OF AMERICA AND TO ALL EMPLOYEES OF ALBERTSON'S MARKET; ORCUTT'S MARKET; MARTII's IGA STORE; JERRY HORNE'S MARKET Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify you that : WE WILL NOT threaten, coerce, or restrain any of the above- named Employers or any other persons engaged in commerce or in an industry affecting commerce by picketing where an object thereof is to force or require them to cease using, selling, handling, transporting, or otherwise dealing in the products of Curly's 842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Dairy, Inc., or Timber Valley Dairy, Inc., or to cease doing busi- ness with Curly's Dairy, Inc., or Timber Valley Dairy, Inc. GENERAL TEAMSTERS LOCAL No. 324, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHA-UFFERS, WARE- HOUSEMEN & HELPERS OF AMERICA, Labor Organization. Dated---------------- By------------------------------------- (Representative ) ( Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, 327 Logan Building, 500 Union Street, Seattle, Washington, Telephone No. Mutual 2-2300, Extension 553, if they have any ques- tion concerning this notice or compliance with its provisions. Cabinet Manufacturing Corporation and Chauffeurs, Teamsters, and Helpers Local Union 215, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer- ica. Case No. 25-CA-1655. September 26, 1963 DECISION AND ORDER On May 8, 1963, Trial Examiner James A. Shaw issued his Inter- mediate Report in the above-entitled proceeding, finding that the Re- spondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Interme- diate Report. Thereafter, the Respondent and General Counsel filed exceptions to the Intermediate Report and supporting briefs. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman McCulloch and Members Fanning and Brown]. The Board has reviewed the rulings made by the Trial Examiner ands finds that no prejudicial error was committed.' The rulings are , Respondent made the following contentions : (1) The Trial Examiner's credibility reso- lutions in favor of General Counsel's witnesses demonstrated his bias and prejudice against the Respondent ; (2) Harry Berns , counsel of record for the Union, became a pri- mary witness for the General Counsel but remained an advocate on behalf of both contrary to canon 19 of the Canons of Professional Ethics of the American and Indiana Bar Asso- ciations ; (3) the Trial Examiner improperly took cognizance of the Board' s recent deci- sion involving the Respondent Company, 140 NLRB 576, wherein it was found that Re- spondent refused to bargain in violation of Section 8(a) (5) and (1) of the Act. As to (1), we find, upon careful analysis of the entire record, that the Trial Examiner was not biased 144 NLRB No. 82.