The opinion of the court was delivered by: WOOD
This cause came on to be heard upon the verified petition of Bennet F. Schauffler, Regional Director of the Fourth Region of the National Labor Relations Board (herein called the Board), for a temporary injunction pursuant to Section 10(l) of the National Labor Relations Act, as amended (herein called the Act), 29 U.S.C.A. § 160(l), pending the final disposition of the matters involved herein pending before the Board, and upon the issuance of an order to show cause why injunctive relief should not be granted as prayed in said petition. Respondent filed an answer to said petition. A hearing on the issues raised by the petition and answer was duly held beginning on February 8, 1960. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to present evidence bearing on the issue, and to argue on the evidence and the law. The Court has fully considered the petition, answer, evidence, arguments, and briefs of counsel. Upon the entire record, the Court makes the following:
1. Petitioner is Regional Director of the Fourth Region of the Board, an agency of the United States, and filed the petition herein for and on behalf of the Board.
2. On or about January 15, 1960, Gellenthin Barge Line, Inc. (herein called Gellenthin), pursuant to the provisions of the Act, filed a charge with the Board alleging, inter alia, that Local 101, Marine Engineers Beneficial Association, AFL-CIO, a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b)(4)(i) and (ii), subparagraph (B), of the Act, 29 U.S.C.A. § 158(b)(4)(i, ii)(B).
3. The aforesaid charge was referred to petitioner as Regional Director of the Fourth Region of the Board.
4. There is, and petitioner has, reasonable cause to believe that:
(a) Respondent, an unincorporated association, is an organization which participates in 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. We find as a fact limited to the evidence in this case that it is a 'labor organization' within the meaning of Sections 2(5), 8(b)(4)(i, ii)(B) and 10(l) of the Act, 29 U.S.C.A. §§ 152(5), 158(b)(4)(i, ii)(B), 160(l).
(b) Respondent maintains its principal office at Philadelphia, Pennsylvania, and at all times material herein respondent has been engaged within this judicial district in transacting business and in promoting and protecting the interests of its members.
(c) Gellenthin, with its principal offices and operating base located at Paulsboro, New Jersey, is engaged in the transportation and delivery of petroleum products by tug boats and barges for various concerns and persons engaged in industries affecting commerce, including Esso Standard Oil Company, Sinclair Refining Company, Allied Oil Co., Expressway Oil Terminal, Calso Oil Co., and Consumers Oil Co. (herein respectively called Esso, Sinclair, Allied, Expressway, Calso, and Consumers). In the operation of its business, Gellenthin annually receives, transports, and delivers petroleum products between points in and points outside the State of Pennsylvania, across State lines, valued at in excess of $ 50,000 and for these services Gellenthin annually receives gross income exceeding $ 50,000.
(e) Since prior to January 4, 1960, respondent has demanded that Gellenthin recognize and bargain with it as indicated by telegram dated December 31, 1959.
(f) Respondent has not been certified as the representative of the licensed engineer and assistant engineer under the provisions of Section 9 of the Act, 29 U.S.C.A. § 159.
(g) At no time material herein has respondent had any labor dispute with Esso, Sinclair, Allied, Expressway, Calso or Consumers, or any other employer who does business with Gellenthin.
(h) Since on or about January 4, 1960, respondent, in furtherance of the demand for recognition and bargaining, referred to in findings of fact 4(e) above, although it has no dispute with Esso, Sinclair, Allied, Expressway, Calso, or Consumers, has picketed at the premises of Esso, Sinclair, Allied, Expressway, Calso and Consumers while Gellenthin's barges and tugs, including the 'Franklin', were at such premises making pick-ups and deliveries.
(i) Objects of the acts and conduct of respondent set forth in findings of fact 4(h), were and are (1) to force or require Esso, Sinclair, Allied, Expressway, Calso, Consumers, and other persons, to cease using, selling, handling, transporting, or otherwise dealing in the products of and to cease doing business with Gellenthin; and (2) to force or require Gellenthin to recognize and bargain with respondent as the representative of engineers employed by Gellenthin, although said respondent has not been certified as the representative of such employees under the provisions of Section 9 of the Act.
(1) The acts and conduct of respondent set forth in findings of fact 4(h) and (i) above, occurring in connection with the operation of Gellenthin, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and trend to lead to and do lead to labor ...