Int'l Brotherhood of Teamsters, Chauffeurs, Etc.

National Labor Relations Board - Board Decisions

Aug 13, 1963

143 N.L.R.B. 1329 (N.L.R.B. 1963)

INT'L BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, ETC. 1329
Wood whole for any loss of pay they may have suffered by reason of our
discrimination against them.
BEAVER VALLEY CANNING COMPANY,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) (Title)
NOTE.-We will notify Donald M . Jackson , if presently serving in the Armed
Forces of the United States, of his right to full reinstatement upon application in
accordance with the Selective Service Act and the Universal Military Training and
Service Act of 1948, as amended , after discharge from the Armed Forces.
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, 316
Federal Building , 110 South Fourth Street , Minneapolis , Minnesota, 55401, Telephone
No. 339-0112 , Extension 2601 , if they have any question concerning this notice or
compliance with its provisions.
International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers of America ; International Brotherhood
of Teamsters , Chauffeurs , Warehousemen and Helpers of
America, Local Union No. 71; International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of Amer-
ica, Local Union No. 55; General Drivers, Warehousemen and
Helpers, Local Union No. 509, affiliated with International
Brotherhood of Teamsters , Chauffeurs , Warehousemen and
Helpers of America ; and International Brotherhood of Team-
sters, Chauffeurs , Warehousemen and Helpers of America,
Local Union No. 728 and Overnite Transportation Company.
Case No. 11-CC-16. August 13, 1963
SUPPLEMENTAL DECISION AND ORDER
On March 1, 1961, the Board issued a Decision and Order in the
above-entitled case, 130 NLRB 1007, finding that Respondent Locals
55, 71, 509, and 728 had engaged in certain unfair labor practices as
alleged in the complaint, and ordering them to cease and desist from
such violations and to take certain affirmative action. Thereafter,
Respondent Local 728 filed in the United States Court of Appeals for
the District of Columbia, a petition to review the Board's Decision,
insofar as it was affected thereby, and the Board petitioned that court
for enforcement insofar as the Decision pertained to Respondent Local
728. Subsequently, while these petitions were pending before the
court, the Board moved the court to remand the case for further
consideration.' On February 12, 1962, the court remanded the case
to the Board.
1 The Board 's Decision was based on the Washington Coca Cola doctrine , Brewery and
Beverage Drivers and Workers, Local No. 67, International Brotherhood of Teamsters,
Chau ffeurs, Warehousemen and Helpers of America , AFL, 107 NLRB 299, which was over-
ruled by I B.E.W, Local Union 561, etc. (Plauche Electric , Inc ), 135 NLRB 250. The
Board accordingly requested the case be remanded for reconsideration in the light of
Plauche Electric
143 NLRB No. 123.
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has duly considered the matter and is of the opinion that
it would not effectuate the policies of the Act to proceed further with
this case.
This case is a companion case to Case No. 10-CC--426, which involved
the same parties as are here involved. The instant case, Case No.
11-CC-16, involves allegations of secondary boycott violations com-
mitted in the States of North and South Carolina. Case No.
10-CC-426 involved allegations of similar violations committed in
the State of Georgia. A separate complaint was issued in each case.
Subsequently the Board issued its Decision and Order in the instant
case, and likewise, a Supplemental Decision and Order in Case No.
10-CC-426 2 The Order in each case is identical in scope and content.
The Order in Case No. 10-CC-426, insofar as it affects Respondent
Local 728, is still outstanding.
We have been administratively advised that Respondent Locals 55,
71, and 509 have each complied in full with the terms of the Order
directed against them in this case. Therefore, this case is now moot
with respect to those Respondents. In view of this fact, and of the
further fact, as stated above, that there is still outstanding in Case No.
10-CC-426 an identical Order against Respondent Local 728 as was
previously issued herein, we believe no useful purpose would now be
served by continuing this case against Respondent Local 728. Ac-
cordingly, we shall dismiss the complaint herein against Respondent
Local 728.
[The Board dismissed the complaint insofar as it alleges that
Respondent Local 728 violated the Act.]
2 133 NLRB 62, Member Brown dissenting in part.
Circle Contracting Co., Inc. and Sheet Metal Workers Interna-
tional Union , AFL-CIO. Case No. 5-CA-93308. August 14, 1983
DECISION AND ORDER
On June 5, 1963, Trial Examiner Laurence A. Knapp issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices within the meaning of the Act, and recommending that it
cease and desist therefrom and take certain affirmative action, as set
forth in the attached Intermediate Report. Thereafter, Respondent
filed exceptions to the Intermediate Report and a supporting brief?
I Respondent 's request for oral argument is hereby denied as, in our opinion, the record,
including the Intermediate Report, the exceptions , and brief , adequately present the issues
and positions of the parties.
143 NLRB No. 126.