Miscellaneous Drivers and Helpers Union, Etc.

National Labor Relations Board - Board DecisionsFeb 19, 1965

151 N.L.R.B. 182 (N.L.R.B. 1965)

182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It is further ordered that the elections held January 7, 1964, among the employees of Respondent in its Princeton , Indiana, and Owensboro, Kentucky, plants, be, and hereby are , set aside , and that the Regional Director for Region 25 shall conduct further elections at such plants in the units he has heretofore found appropriate after he is satisfied that fair elections may be conducted at such plants. APPENDIX NOTICE TO ALL EMPLOYEES As Recommended by a Trial Examiner of the National Labor Relations Board, we are posting this notice to inform our employees of the rights guaranteed them in the National Labor Relations Act: WE WILL NOT discharge or lay off any employee for having joined , or sup- ported the International Molders' and Allied Workers ' Union of North America, AFL-CIO, or any other union. WE WILL NOT ask any employee whether he or other employees are members of, or leaders of, a union. WE WILL NOT threaten our employees that we will close our business rather than deal with a union. WE WILL NOT in any other way interfere with our employees ' right to join or support a union. ALL OUR EMPLOYEES have the right either to join or not to join a union. WE WILL offer Ralph Nelson and Joe McGarrah their old jobs, and we will give them and Isaiah Young, Theron Carter, Thomas Mason, Jewell Stafford, Wayne Johnson, Joe Jackson, and George W. Bryant, Jr., backpay for wages lost as a result of their discharge or layoff in November and December 1963. AMERICAN CASTING SERVICE, INC., Employer. Dated------------------- By------------------------------------------- (Representative) (Title) NOTE.-We will notify Ralph Nelson and Joe McGarrah if either is presently serving in the Armed Forces of the United States of his right to full reinstatement upon appli- cation in accordance with the Selective Service Act and the Universal Military Train- ing 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, 614 ISTA Center, 150 West Market Street, Indianapolis, Indiana, Telephone No. Melrose 3- 8921, if they have any question concerning this notice or compliance with its provisions. Miscellaneous Drivers and Helpers Union Local 610, affiliated with International Brotherhood of Teamsters , Chauffeurs, Warehousemen & Helpers of America and Robert R. Wright, Inc. Case No. 14-CC-286-1. February 19,1965 DECISION AND ORDER Upon charges filed by Robert R. Wright, Inc., herein called Wright, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 14, issued a complaint dated August 31 , 1964, against Miscellaneous Drivers and Helpers Union Local 610, affiliated with International Brotherhood of Teamsters, Chauffeurs , Warehousemen ^C Helpers of America , herein called the Respondent , alleging that the Respondent had engaged in and was engaging in unfair labor practices within the meaning of 151 NLRB No. 22. MISCELLANEOUS DRIVERS & HELPERS UNION, ETC. 183 Section 8(b) (4) (i) and (ii) (B) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge and complaint and notice of hearing before a Trial Examiner were duly served upon the Respondent and the Charging Party. On September 10, 1964, Respondent duly filed its answer admitting certain allegations of the complaint but denying the commission of any unfair labor practices. On November 2, 1964, all parties to this proceeding moved to transfer the proceeding directly to the Board. The parties entered into a stipulation which provides that the charge, complaint and notice of hearing, answer, petition for injunction in Civil Case No. 64 C 325 (1) 1 answer to a petition, transcript of proceedings in Civil No. 64 C 325 (1), and stipulation of facts, constitute the entire record in this case. The parties further stipulated that they waived a hearing before a Trial Examiner and the issuance of a Trial Examiner's Decision and Recommended Order, and desired to submit this case for findings of fact, conclusions of law, and decision and order directly by the Board. On November 3, 1964, the Board granted the parties' request to transfer the case to the Board and to file proposed findings of fact and conclusions of law, and briefs in support thereof. Thereafter, the General Counsel filed proposed findings of fact and conclusions of law and a brief in support thereof, and the Charging Party filed a brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Board has delegated its powers in connection with this case to a three-member panel [Members Fan- ning, Brown, and Jenkins]. On the basis of the parties' stipulation of facts and upon the entire record in this case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Drehmann-Harrall Undertaking Company (herein called Dreh- mann-Harrall) is an undertaking establishment. Its place of busi- ness is at 1905 Union Boulevard, St. Louis, Missouri. Drehmann- Harrall is a member of an employers' association entitled the "Funeral Directors of Greater St. Louis, Inc." (herein called the Association). The Association negotiates labor agreements for its employer-members with various labor organizations, including the Respondent. Collectively the members of the Association perform 1 Cosentino v. Miscellaneous Drivers and Helpers Union, Local 610, United States District Court, Eastern District of Missouri, Eastern Division. 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annual services valued in excess of $500,000 and receive goods and materials directly or indirectly from points outside the State of Missouri valued in excess of $50,000. Drehmann-Harrall contracted with Robert R. Wright, Inc., to construct a building at 7733 Natural Bridge Road in the St. Louis area on land owned by Drehmann-Harrall. Wright subcontracted part of the construction work to Fremder Electric Co. (herein called Fremder), Eichler Co. (herein called Eichler), Edward C. C. Reisel Plumbing Company ( herein called Reisel ), Boyd Contract- ing Co. ( herein called Boyd ), and Morie & Willems Painting & Decorating Co., Inc. ( herein called Morie). The parties admit and we find that the Association is, and has been at all times material herein, an employer engaged in commerce within the meaning of Section 2 ( 6) and ( 7) of the Act , and that it will effectuate the purposes of the Act to assert jurisdiction herein. We further find that Drehmann-Harrall, Wright, Fremder, Eichler, Reisel, Boyd, and Morie are, and have been at all times material herein, persons engaged in commerce or in an industry affecting commerce. II. THE LABOR ORGANIZATION INVOLVED Respondent is, and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act, III. THE ALLEGED UNFAIR LABOR PRACTICES On July 28, 1964, during negotiations for a new collective- bargaining agreement, the Respondent notified the Association that unless the Association acceded to its demands on contract terms, the Respondent would engage in a strike and picketing. On July 30, 1964, the Respondent began picketing the establish- ments of two of the association members. The Respondent's members employed by Drehmann -Harrall continued to work until August 4, 1964. On that date they ceased working and began picketing Drehmann -Harrall at its establishment at 1905 Union Boulevard. On August 4, 1964, the Respondent also commenced picketing the construction site at 7733 Natural Bridge Road. The pickets carried a sign which contained the following legend : "Chauffeurs of Drehmann -Harrall Funeral Home on strike , Teamsters Local Union 610, IB of TCW & H of A"; they also carried an umbrella on which the following legend was painted : "On Strike, Teamsters Local Union No. 610 , affiliated with the International Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America." The pickets at the construction site walked along the Natural Bridge Road side of the site , which was the only available access MISCELLANEOUS DRIVERS & HELPERS UNION, ETC. 185 to the construction project. This picket line was established before work commenced at the site on August 4. The employees of the contractor and the subcontractors who were scheduled to work that day refused to cross the picket line and perform any duties at that location for their employers. The picketing continued thereafter, and no work was performed by the construction workers until the picketing was enjoined in a United States district court proceeding. At the time the picketing began at the construction site, 2 or 3 months' work remained to be completed before the premises would be ready for occupancy and use. Drehmann-Harrall did not main- tain any equipment at the construction site, nor did it conduct any part of its business from the incompleted premises. The picketing at the construction site occurred during the hours of 8 a.m. to 4:30 p.m. However, the picketing at Drehmann- Harrall's business location on Union Boulevard occurred during its normal business hours, from 7 a.m. to 10 p.m. The Respondent contends that the picketing was directed only at Drehmann-Harrall and was therefore primary in nature. The Respondent further contends that it had a right to picket a con- struction site owned by Drehmann-Harrall upon which a building was being constructed for Drehmann-Harrall? We do not agree with these contentions. The record shows that while the Respondent picketed Drehmann-Harrall at its busi- ness location on Union Boulevard during the funeral home's normal business hours, it only picketed the construction site during the hours when construction work was normally performed by the contractors. Additionally, the record clearly shows that Drehmann- Harrall did not and had not conducted any portion of its business operation from the construction site. Nor did Drehmann-Harrall have any of its employees at the site. In these circumstances, we find that the Respondent picketed the construction site in an attempt to enmesh the neutral employers and their employees in its dispute with the Association. We further find that an object of the picketing at the construction site was to induce and encourage employees of the contractors to refuse to perform services for their employers and to coerce Wright, Fremder, 2In support of its contention that it has a right to picket the site where a building is being constructed for Drehmann -Harrall, the Respondent cites Local 618, Automotive, Petroleum and Allied Industries Employees Union, AFL-CIO, et al. v . N.L.R.B. ( Incorpo- rated Oil Co ), 249 F 2d 332 (CA . 8), setting aside 116 NLRB 1844 However , a careful reading shows that case to be distinguishable on its facts There the employer , owner of a number of service stations , engaged contractors to remodel one of its stations during the time that he was involved in a dispute with the union . When the union began picketing, the employer continued to operate his business at the station on a sporadic basis. Such is not the case here 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Eichler, Reisel, Boyd, and Morie for the purpose of causing them to cease doing business with Association Member Drehmann-Harrall in violation of Section 8(b) (4) (i) and (ii) (B) of the Act. THE REMEDY Having found that the Respondent has engaged in unfair labor practices, we shall order it to cease and desist and take certain affirmative action designed to effectuate the, purposes of the Act. The Board, upon the basis of the foregoing findings of fact and the entire record in this case, makes the following: CONCLUSIONS OF LAW 1. Drehmann-Harrall, Robert R. Wright, Inc., Fremder Electric Co., Eichler Co., Edward C. C. Reisel Plumbing Company, Boyd Contracting Co., and Morie & Willems Painting & Decorating Co., Inc., are persons engaged in commerce or in industry affecting com- merce within the meaning of Section 2(6) and (7) and Section 8(b) (4) of the Act. 2. Miscellaneous Drivers and Helpers Union Local 610, affiliated with International Brotherhood of Teamsters, Chauffeurs, Ware- housemen & Helpers of America, is a labor orgonization within the meaning of Section 2(5) of the Act. 3. By inducing or encouraging individuals employed by persons engaged in commerce or in industry affecting commerce to engage in a strike or refusal to perform services, and by coercing or restraining persons engaged in commerce, or in an industry affecting commerce, with an object of forcing or requiring Wright, Fremder, Eichler, Reisel, Boyd, and Morie to cease doing business with Drehmann-Harrall as a member of the Association, the Respondent has violated Section 8(b) (4) (i) and (ii) (B) of the Act. 4. The activities of the Respondent found above to constitute unfair labor practices, occurring in connection with the operation of the companies involved herein, have a close, intimate, and sub- stantial relation to trade, traffic, and commerce among the several States, and have led, and tend to lead, to labor disputes burdening and obstructing commerce and the free flow of commerce. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Miscellaneous Drivers and Helpers Union Local 610, affiliated with International Brotherhood of Teamsters, Chauf- feurs, Warehousmen & Helpers of America, its officers, agents, and representatives, shall: MISCELLANEOUS DRIVERS & HELPERS UNION, ETC. 187 1. Cease and desist from engaging in, or inducing or encouraging individuals employed by Robert R. Wright, Inc., Fremder Electric Co., Eichler Co., Edward C. C. Reisel Plumbing Company, Boyd Contracting Co., and Morie & Willems Painting & Decorating Co., Inc., or any other employer, to engage in a strike or refusal in the course of their employment to use, manufacture, process, trans- port, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services, and from threatening, coercing, or restraining the above-named employers, or any other employet, where an object is to force or require Wright, Fremder, Eichler, Reisel, Boyd, and Morie, or any other person, to cease doing business with Drehmann-Ilarrall Undertaking Company. 2. Take the following affirmative action which is necessary to effectuate the purposes of the Act: (a) Post in the Respondent's business offices and meeting halls in St. Louis, Missouri, copies of the attached notice marked "Appen- dix." 3 Copies of said notice, to be furnished by the Regional Direc- tor for Region 14, shall, after being duly signed by an authorized representative of the Respondent, be posted by Respondent immedi- ately upon receipt thereof, and be maintained by it for a period of 60 consecutive days thereafter, in conspicuous places, including all places where notices to its members are customarily posted. Reason- able steps shall be taken to insure that said notices are not altered, defaced, or covered by any other material. (b) Sign and mail sufficient copies of said notice to the Regional Director for Region 14 for posting by each of the employers named in the preceding paragraphs, if willing, at all locations where notices to their employees are customarily posted. (c) Notify the Regional Director for Region 14, in writing, with- in 10 days from the date of this Order, what steps Respondent has taken to comply herewith. I 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 OUR MEMBERS AND ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the purposes of the National Labor Relations Act, as amended, we hereby notify you that : WE WILL NOT engage in, or induce or encourage individuals employed by Robert R. Wright, Inc., Fremder Electric Co., Eichler Co., Edward C. C. Reisel Plumbing Company, Boyd Contracting Co., and Morie & Willems Painting & Decorating 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Co., Inc., or any other employer, to engage in a strike or refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials , or commodities, or to perform any services, or threaten or coerce or restrain Robert R. Wright, Inc., Fremder Electric Co., Eichler Co., Edward C. C. Reisel Plumbing Company, Boyd Construction Co., and Morie & Willems Painting & Decorating Co., Inc.., or any other employer, where an object thereof is to force or require Wright, Fremder, Eichler, Reisel, Boyd, and Morie, or any other person, to cease doing business with Dreh- mann -Harrall Undertaking Company. MISCELLANEOUS DRIVERS AND HELPERS UNION LOCAL 610, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & 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, 4459 Federal Building, 1520 Market Street, St. Louis, Mis- souri , Telephone No. Main 2-4142, if they have any question con- cerning this notice or compliance with its provisions. Superior Coach Corporation and International Union, United Automobile , Aerospace and Agricultural Implement Workers of America , and its Local 711, AFL-CIO. Case No. 8-CA-3411. February 19, 1965 DECISION AND ORDER On August 24, 1964, Trial Examiner John F. Funke issued his Decision in the above-entitled proceeding, finding that the Respond- ent had not engaged in the unfair labor practices alleged in the complaint and recommending that the complaint be dismissed in its entirety, as set forth in the attached Trial Examiner's Decision. Thereafter, the General Counsel and the Charging Party filed excep- tions to the Trial Examiner's Decision and briefs in support thereof. The Respondent filed cross-exceptions and an answering brief.' I Respondent ' s request for oral argument is hereby denied as the record , the exceptions, and the briefs adequately present the issues and the positions of the parties. 151 NLRB No. 24.