Brotherhood of Teamsters, Local 70

98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Sam-Jo, Inc., d/b/a Smiser Freight Service. Cases 20-CC-772 and 20-CP-279 January 13, 1969 DECISION AND ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN Upon charges filed by Sam-Jo, Inc., d/b/a Smiser Freight Service, herein called Smiser, the General Counsel for the National Labor Relations Board, by the Regional Director for Region 20, issued a consolidated complaint on May 2, 1968, against Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii)(B) and 8(b)(7)(C) of the National Labor Relations Act, as amended. Copies of the complaint and notice of hearing were duly served upon Respondent and Smiser. With respect to the unfair labor practices, it is alleged in the complaint that from February 26 until May 7, 1968, Respondent, without certification therefor, engaged in organization and recognition picketing at Smiser's premises for more than 30 days without filing a petition, in violation of Section 8(b)(7)(C), and that on March 7 and March 27, 1968, Respondent picketed Smiser's customers at their respective premises and on various dates threatened other customers with picketing if they did not cease doing business with Smiser, the object of the picketing and threats to picket being to force these companies to cease doing business with Smiser, and in turn to force Smiser to recognize Respondent in violation of Section 8(b)(4)(i) and (ii)(B) of the Act. On August 30, 1968, Respondent, Smiser, and the General Counsel of the National Labor Relations Board, by the Regional Director for Region 20, filed with the Board a Motion to Transfer Proceeding to the Board and a Stipulation of Facts executed by the parties on August 29, 1968, in the above-entitled proceeding. In said stipulation, the parties agreed to withdrawal of the answer to the complaint and stipulated that the only issue presented to the Board concerns the scope of the Order to be issued by the Board to remedy the foregoing conduct. They agreed that the Stipulation of Facts and the exhibits attached thereto and made part thereof constituted the entire recr*d in these cases, and that no oral testimony is necessary or desired by the parties. The parties waived a hearing before a Trial Examiner, the making of findings of fact and conclusions of law by a Trial Examiner, the issuance of a Trial Examiner's Decision and Recommended Order, and the making of findings of fact and conclusions of law by the Board, and submitted the cases directly to the Board for the issuance of whatever Order the Board deems appropriate in this matter. On September 4, 1968, the Board issued an Order Granting Motion, Approving Stipulation and Transferring Proceeding to the Board. Thereafter, the General Counsel and Respondent filed briefs, and the General Counsel filed additional material in support of his position. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with these cases to a three-member panel. With respect to the only issue before the Board, the General Counsel and Charging Party request a broad order forbidding Respondent to engage in secondary activity involving the named employers or any other employer or person in dispute with Smiser or any other primary employer and its employees, and forbidding Respondent to engage in organization and recognition picketing of Smiser or any other employer. Respondent contends that a broad order is improper. As it has not been established in the circumstances of these cases that Respondent has demonstrated a proclivity to disregard the requirements of the Act, we conclude that a broad order is not appropriate herein.' ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Respondent, Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Oakland, California, its officers, agents, and representatives, shall: 1. Cease and desist from: (a) Inducing or encouraging, by picketing, threats of picketing or by any other manner or means, any individual employed by Hoeppl's, Inc., herein called Hoeppl's, Water Works Supply Co., Inc., herein called Water Works, Goodyear Tire and Rubber Company, herein called Goodyear, Blue Chip Stamp Company, herein called Blue Chip, Diamond Chain Company, herein called Diamond, or by any other person engaged in commerce or in an industry affecting commerce, to engage in a strike or refusal, in the course of his employment, to perform any services, where an object thereof is to force or require said persons to cease doing business with 'See, e.g., Greer Stop Nut Co. 160 NLRB 1919, 1920, R. W Hughes Construction Co, Inc., 138 NLRB 428, 429; Endicott Church Furniture, Inc., 125 NLRB 854. 174 NLRB No. 20 BROTHERHOOD OF TEAMSTERS , LOCAL 70 Sam-Jo Inc., d/b/a Smiser Freight Service, herein called Smiser, and/or to force or require Smiser to recognize or bargain with Respondent as the collective-bargaining representative of Smiser's employees where Respondent has not been certified as the collective-bargaining representative of such employees under the provisions of Section 9 of the Act. (b) Threatening, restraining, or coercing, by picketing, threats of picketing or by any other manner or means, Hoeppl's, Water Works, Goodyear, Blue Chip, Diamond, or any other person engaged in commerce or in an industry affecting commerce, where an object thereof is to force or require said persons to cease doing business with Smiser and/or to force or require Smiser to recognize or bargain with Respondent as the collective-bargaining representative of Smiser's employees where Respondent has not been certified as the collective-bargaining representative of such employees under the provisions of Section 9 of the Act. (c) Picketing or causing to be picketed Smiser, where an object thereof is to force or require Smiser to recognize or bargain with Respondent as collective-bargaining representative of Smiser's employees and/or to force or require Smiser's employees to accept or select Respondent as their collective-bargaining representative where Respondent is not currently certified as the collective-bargaining representative of such employees under the provisions of Section 9 of the Act, and where such picketing has been conducted without a petition under Section 9(c) of the Act being filed within a reasonable period of time not to exceed 30 days from its commencement and such picketing is in violation of Section 8(b)(7)(C) of the Act. 2. Take the following affirmative action to effectuate the policies of the Act: (a) Post in conspicuous places in the business offices and meeting halls of Respondent, including all places where notices to its members are customarily posted, copies of the attached notice marked "Appendix."', Copies of said notice on forms provided by the Regional Director for Region 20, shall, after being duly signed by an authorized representative of Respondent, be posted immediately upon receipt thereof, and be maintained at the various aforesaid places for 60 consecutive days. Reasonable steps shall be taken by Respondent to insure that such notices are not altered, defaced, or covered by any other material. (b) Sign and mail copies of said notice to the Regional Director for Region 20 for posting by Smiser, Hoeppl's, Water Works, Goodyear, Blue Chip, and Diamond, those companies willing, at all =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 " 99 locations where notices to their respective employees are customarily posted. (c) Notify the Regional Director for Region 20, in writing, within 10 days from the date of this Order, what steps Respondent has taken to comply herewith. APPENDIX NOTICE TO ALL MEMBERS Pursuant to a Decision and Order of the National Labor Relations Board based upon a Stipulation providing for a consent decree of any appropriate United States Court of Appeals, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our members that: WE WILL NOT by picketing, threats of picketing, or by any other manner or means, induce or encourage any individual employed by Hoeppl's Inc., herein called Hoeppl's, Water Works Supply Co., Inc., herein called Water Works, Goodyear Tire and Rubber Company, herein called Goodyear, Blue Chip Stamp Company, herein called Blue Chip, Diamond Chain Company, herein called Diamond, or by any other person engaged in commerce or in an industry affecting commerce, to engage in a strike or refusal, in the course of his employment, to perform any services, where an object thereof is to force or require said persons to cease doing business with Sam-Jo, Inc., d/b/a Smiser Freight Service, herein called Smiser, and/or to force or require Smiser, to recognize or bargain with us as the collective-bargaining representative of Smiser's employees when we have not been certified as the collective-bargaining representative of such employees under the provisions of Section 9 of the Act. WE WILL NOT by picketing, threats of picketing, or by any other manner or means, threaten, restrain, or coerce Hoeppl's, Water Works, Goodyear, Blue Chip, Diamond, or any other person engaged in commerce or in an industry affecting commerce, where an object thereof is to force or require said persons to cease doing business with Smiser, and/or to force or require Smiser to recognize or bargain with us as the collective-bargaining representative of Smiser's employees when we have not been certified as the collective-bargaining representative of such employees under the provisions of Section 9 of the Act. WE WILL NOT picket Smiser, or cause it to be picketed, where an object thereof is to force or require Smiser to recognize or bargain with us as collective-bargaining representative of Smiser's employees and/or to force or require Smiser's employees to accept or select us as their collective-bargaining representative when we are not currently certified as the collective-bargaining representative of such employees under the provisions of Section 9 of the Act, and where such picketing has been conducted without a petition under Section 9(c) of the Act being filed within a reasonable period of time not to exceed 30 days from its commencement and such 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD picketing is in violation of Section 8(b)(7)(C) of the Act. BROTHERHOOD OF TEAMSTERS & AUTO TRUCK DRIVERS, LOCAL No. 70, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN 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. If members have any question concerning this notice or compliance with its provisions , they may communicate directly with the Board's Regional Office, 450 Golden Gate Avenue, Box 36047, San Francisco , California 94102, Telephone 415-556-3197.