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SAMOFF EX REL. NLRB v. BUILDING & CONSTR. TRADES C

July 22, 1965

Bernard Samoff, Regional Director, Fourth Region, National Labor Relations Board, for and on Behalf of National Labor Relations Board, Petitioner
v.
Building and Construction Trades Council of Reading and Berks County, Respondent


Higginbotham, D.J.


The opinion of the court was delivered by: HIGGINBOTHAM

The National Labor Relations Board's Regional Director, the Honorable Bernard Samoff, seeks a temporary injunction to restrain defendant, from certain alleged violations of the National Labor Relations Act, as amended. 61 Stat. 149; 73 Stat. 544; 29 U.S.C. Sec. 151, et seq. Jurisdiction of this Court is pursuant to Section 10(l) of the National Labor Relations Act which provides:

 
(l) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4) (A), (B), or (C) of section 158(b) of this title, or section 158(e) of this title or section 158(b)(7) of this title, the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue, he shall, on behalf of the Board, petition any United States district court within any district where the unfair labor practice in question has occurred, is alleged to have occurred, or wherein such person resides or transacts business, for appropriate injunctive relief pending the final adjudication of the Board with respect to such matter. Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law: . . .

 The only factor which lifts this case from routine National Labor Relations Board injunction petitions is that the petitioner's first request for injunctive relief was after the alleged unfair labor practices had terminated. While relevant, this latter factor is not sufficient to deny relief which is otherwise warranted. Thus, I will issue the injunction pursuant to the following findings of fact and conclusions of law.

 FINDINGS OF FACT

 1. Petitioner, Bernard Samoff, 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 May 10, 1965, General Plumbing and Heating Company, Inc. (herein called General), pursuant to provisions of the Act, filed charges with the Board alleging that the Building and Construction Trades Council of Reading and Berks County (herein called Council), a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b)(4)(i)(ii), subparagraph (B), of the Act.

 3. The aforesaid charge was referred to petitioner as Regional Director of the Fourth Region of the Board.

 4. Upon the basis of the following, petitioner has reasonable cause to believe that said charge is true and that a complaint of the Board based on said charge should issue against respondent pursuant to Section 10(b) of the Act. More particularly, petitioner has reasonable cause to believe and believes, that respondent is a labor organization within the meaning of Section 2(6) and (7) of the Act, as follows:

 (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 office at Reading, 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 employee members.

 (c) General, a Pennsylvania corporation, whose principal place of business is located at Pottsville, Pennsylvania, is engaged in the business of residential, industrial and commercial plumbing, heating and air conditioning work. In the operation of its business, General annually receives goods and materials valued at in excess of $70,000 from outside the Commonwealth of Pennsylvania.

 (d) The General State Authority (herein called GSA) is presently engaged in the construction of new facilities at the Kutztown State College, Kutztown, Berks County, Pennsylvania (herein called the Kutztown job). Construction at the Kutztown job is being carried out under five (5) separate contracts between GSA and the following firms: Potteiger Co., Inc. (herein called Potteiger), H. B. Alexander & Son, Inc. (herein called Alexander), Coopersmith Bros., Inc. (herein called Coopersmith), Carl Twist Electrical Supply Co. (herein called Twist) and General. These facilities are being constructed at a total cost of $2,899,834.00, of which goods and materials to be used in the construction, valued at in excess of $100,000, are shipped to the construction site from points outside the Commonwealth of Pennsylvania.

 (e) In connection with the carrying out of its contract with GSA, General has subcontracted certain work on the Kutztown job to Leon S. Kulp, Inc. (herein called Kulp). Kulp was operating ...


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