trucks at the Project and told L-D representatives that it would not permit its members employed by L-D to install said forms at the Project.
(h) Although no actual labor dispute between Latrobe and respondent existed on or about October 16, 1969, or thereafter, the conduct described in subparagraph (g) above was tactically calculated to satisfy objectives of respondent in connection with Latrobe's business operation.
(i) Although the collective bargaining agreement entered into by L-D and respondent provides that "the Employer agrees that he will not purchase, nor shall any employee working under this Contract be required to handle, process or install any prefabricated or prefinished material or products which traditionally has been work performed by the Carpenters on the job site * * *" (Article XIX, Sec. 4), respondent's objective in engaging in the conduct described in subparagraph (g) above was not the preservation of work traditionally performed on the job site by members of respondent employed by L-D.
Raymond Kinneer, the carpenter foreman at the Project, testified that the reason given by Haberer for respondent's conduct was that the forms "were made by the wrong union", i.e., Laborers, and that the reason given by Solomon was that they "were not made by the right union", i.e., Carpenters. Solomon, on behalf of the respondent, testified that he would have approved the use by L-D of forms prefabricated by O.C. Cluss Company which employs members of respondent.
(j) By the acts and conduct of respondent described in subparagraphs (g), (h) and (i) above, respondent by its agents has induced and encouraged individuals employed by L-D, which is engaged in commerce or in an industry affecting commerce, to engage in a sit-down strike, or refusal in the course of their employment to use, transport or otherwise handle or work on the aforesaid forms manufactured by Latrobe and has threatened, coerced and restrained L-D and its employees from using said forms.
(k) An object of the acts and conduct of respondent set forth in subparagraph (g) above was to force or require L-D to cease using, handling, transporting or otherwise dealing in the products of, or to cease doing business with, Latrobe.
5. It may be fairly anticipated that, unless enjoined, respondent will repeat the acts and conduct set forth in Finding of Fact 4(g) above, or similar or like acts and conduct.
Conclusions of Law
1. This court has jurisdiction of the parties and of the subject matter of this proceeding, and under Sec. 10(l) of the Act, as amended, 29 U.S.C. Sec. 160(l), is empowered to grant injunctive relief.
2. There is, and petitioner has, reasonable cause to believe:
(a) Respondent is a labor organization within the meaning of Sec. 2(5) of the Act, as amended, 29 U.S.C. Sec. 152(5).
(b) L-D is engaged in commerce or in an industry affecting commerce.
(c) Respondent has engaged in unfair labor practices within the meaning of Sec. 8(b)(4)(i) and (ii), subparagraph (B), of the Act, supra, (cf. Woodwork Manufacturers v. NLRB, 386 U.S. 612, 644-646, 87 S. Ct. 1250, 18 L. Ed. 2d 357 (1967)),
affecting commerce within the meaning of Sec. 2(6) and (7) of the Act, as amended, 29 U.S.C. Sec. 152 (6) and (7), and a repetition of these practices will impair the policies of the Act as set forth in Sec. 1 thereof, as amended, 29 U.S.C. Sec. 151.
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 pending before the Board, respondent, its officers, representatives, agents, servants, employees, attorneys, and all members or persons acting in concert or participation with it, be enjoined and restrained from the commission or repetition of the acts and conduct set forth in Finding of Fact 4(g) 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 and may fairly be anticipated from the respondent's acts and conduct in the past.
An appropriate order will be entered.