called Kulp). Kulp was operating on the job in issue as a non-union subcontractor.
(f) W. J. Focht, a business agent for Local 42, Plumbers and Steamfitters, which Local belongs to defendant Council, threatened General that if it continued to sublet the subcontract to the non-union contractor, Leon S. Kulp, Inc., that the Union would "shut the complete job down". Subsequent to the latter threat, there was a meeting of the business agents whose Locals belong to the defendant Building Council where on or about Friday, April 23, 1964, they agreed to and did in fact picket the job on the following Monday, April 26th. Shortly before the pickets were withdrawn on May 24, 1964, the defendant Council had a meeting where it was agreed to withdraw the pickets.
While the agreement to picket as set forth in this subparagraph was in effect, all work terminated in behalf of Potteiger, Alexander, Coopersmith, Twist and General, and none of the employees of the latter companies reported to work.
(g) By the acts and conduct set forth in subparagraph (f) above, respondent has engaged in, and has induced and encouraged, individuals employed by Potteiger, Alexander, Coopersmith, Twist and General and other persons 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.
(h) By the acts and conduct set forth in subparagraph (f) above, respondent has threatened, coerced and restrained GSA, Potteiger, Alexander, Coopersmith, Twist and General and other persons engaged in commerce or in any industry affecting commerce.
(i) An object of the acts and conduct of respondent, set forth in subparagraphs (f), (g), and (h) above, was and is to force or require General to cease using, selling, handling, transporting, or otherwise dealing in the products of, and to cease doing business with Leon S. Kulp, Inc., to force or require Potteiger Co., Inc., H. B. Alexander & Son, Inc., Coopersmith Bros., Inc., Carl Twist Electrical Supply Co. and General Plumbing and Heating Company, Inc., or GSA to cease doing business with each other or with other persons.
5. It may fairly be anticipated that, unless enjoined respondent will continue or repeat the acts and conduct set forth in paragraph 4, subparagraphs (f), (g), (h) and (i), above, or similar or like acts and conduct.
CONCLUSIONS OF LAW
1. The Court has jurisdiction of the parties and of the subject matter at this proceeding, and under Section 10(l) of the Act is empowered to grant injunctive relief.
2. There is, and petitioner has reasonable cause to believe that:
(a) Respondent is a labor organization within the meaning of Sections 2(6), 8(b) and 10(l) of the Act.
(b) Respondent has engaged in unfair labor practices within the meaning of Section 8(b)(4)(i)(ii), subparagraph (B), of the Act, affecting commerce within the meaning of Section 2(6) and (7) of the Act, and a continuation of these practices will impair the policies of the Act as set forth in Section 1(b) thereof.
3. To preserve the issues for the orderly determination as provided in the Act, it is appropriate, just and proper that, pending the final disposition of the matters herein involved now before the Board, respondent, its officers, representatives, agents, servants, employees, attorneys and all members and persons acting in concert or participation with it or them, be enjoined and restrained from the commission, continuation, or repetition of the acts and conduct set forth in Findings of Fact 4(f) above, acts or conduct in furtherance or support thereof, or like or related acts or conduct, the commission of which in the future is likely or may fairly be anticipated from respondent's acts and conduct in the past.
It is unnecessary to add to the plethora of lengthy opinions which establish that facts as found here require that an injunction be issued. National Labor Relations Board v. Denver Building & Construction Trades Council, 341 U.S. 675, 71 S. Ct. 943, 95 L. Ed. 1284; Schauffler v. Highway Truck Drivers and Helpers Local 107, 230 F.2d 7 (3rd Cir. 1956); Schauffler v. Brewery and Beer Distributor, 162 F. Supp. 1 (E.D. Pa. 1958); International Brotherhood of Electrical Workers v. National Labor Relations Board, 341 U.S. 694, 95 L. Ed. 1299, 71 S. Ct. 954. The only unusual wrinkle which merits discussion is the fact that the Regional Director filed his complaint after the alleged unfair labor practice had terminated. But, since I have already found that there was no basis for the original illegal acts, I can find no justification for assuming that the respondents will be more responsible in the future in complying with the obvious mandates of the statute.
Counsel for the respondent has stated with candor:
. . . for the record that the status quo as it exists today will be maintained.
We feel that it would be an affront to the Court to change the position that exists today. They do not intend to restore their picketing against Kulp and that is taken as a commitment upon which the Court may act if there is any violation.