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SCHAUFFLER v. LOCAL 1291

August 18, 1960

Bennet F. SCHAUFFLER, Regional Director of the Fourth Region of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
LOCAL 1291, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, Respondent



The opinion of the court was delivered by: EGAN

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 on August 11 and 12, 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

Findings of Fact.

 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 July 26, 1960, Northern Metal Co. (herein called Northern), pursuant to the provisions of the Act, filed an amended charge to a charge originally filed with the Board on July 14, 1960, said amended charge alleging that Local 1291, International Longshoremen's Association (herein called respondent), 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 (d), of the Act, 29 U.S.C.A. § 158(b)(4)(i, ii)(D). *fn1"

 3. The aforesaid charge and amended charge (Case No. 4-CD-51) were 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 in which employees participate 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.

 (b) Respondent maintains its principal offices at Philadelphia, Pennsylvania, and at all times material hereto respondent has been engaged within this judicial district in transacting business and in promoting and protecting the interests of its employee members.

 (c) Northern is engaged at Philadelphia, Pennsylvania, in the operation of a warehouse and terminal. In the course and conduct of its business Northern loads for shipment to foreign ports, and receives from foreign ports, motor vehicles, pursuant to contract with the United States Army. During the past year Northern received revenue in excess of $ 50,000 for services performed under the above mentioned contract.

 (d) At all times material hereto, Local 14, Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO (herein called Local 14) has been certified by the Board as the collective bargaining representative of Northern's maintenance and production employees, and a collective bargaining agreement has been in effect between Northern and Local 14, covering the wages, hours and other terms and conditions of employment of said employees.

 (e) At all times material hereto, Northern has also had a collective bargaining agreement with respondent covering the employment by Northern of stevedoring gangs for the loading aboard and discharge from ships, of the aforesaid motor vehicles, as well as for the loading and discharge of general and other cargo.

 (f) For the performance of its aforementioned contract with the United States Army, since about October, 1951, Northern has assigned to its employees who are members of, or represented by, Local 14, the work of moving the vehicles to and/or from the point where they are taken over or released from 'the hook,' and has assigned to employees who are members of, or represented by, respondent, the work of loading aboard or discharging from ships motor vehicles while they are being moved by 'the hook.' *fn2"

 (h) In furtherance of its demand referred to in Findings of Fact 4(g) above, since on or about June 19, 1960, respondent has refused to furnish stevedores to Northern both for the loading and unloading of motor vehicles, and for the loading and discharge of general cargo, and has ordered, instructed, directed and appealed to its members and persons represented by it not to work for Northern unless and until Northern assigned to employees who are members of, or represented by, respondent the work of moving vehicles to and from the point where such vehicles are taken over or released from 'the hook.'

 (i) By the acts and conduct of respondent set forth in Findings of Fact 4(h) above, and by other means, including orders, directions, instruction, requests and appeals, respondent has engaged in, and has induced and encouraged individuals employed by Northern, and by other persons engaged in commerce or in industries affecting commerce, to engage in, strikes or refusals in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on goods, articles, materials, or commodities or to perform services, and has threatened, coerced and restrained Northern, and other persons engaged in commerce or in industries affecting commerce.

 (j) An object of the acts and conduct of respondent set forth in Findings of Fact 4(h) and (i) above, was and is to force and require Northern to assign the work of moving motor vehicles to or from the point where they are taken over by, or released from 'the hook,' to employees who are members of, or represented by, respondent, rather than to employees who are ...


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