The opinion of the court was delivered by: MUIR
The Director of the Fourth Region of the National Labor Relations Board petitions under the National Labor Relations Act
for a preliminary injunction against the two respondent unions to forbid picketing at a construction site. He contends that the two unions
are engaged in an unfair labor practice directed towards the unionizing of the carpenter employees of the Fontana Construction Co., Inc., District 50
has a contract with Fontana covering most of its employees, including carpenters. Respondent unions claim that they are engaged only in informational picketing, although they admit that ultimately they hope to induce Fontana to recognize them as the bargaining representatives of its carpenter employees.
The question is whether the Regional Director has reasonable cause to believe that respondent unions are engaging in an unfair labor practice. If so, an injunction should issue. Schauffler v. Local 1291, 292 F.2d 182 (3d Cir. 1961). Shore v. Carpenters Union, 316 F. Supp. 426 (W.D. Pa. 1970). The salient facts follow.
In May, 1970, Fontana entered into a three-year contract with District 50 whereby it became the bargaining representative of all Fontana's employees within certain classifications, including carpenters. The contract could be modified or terminated on each of its anniversaries on the question of wages. At no time have respondent unions challenged through the NLRB the legality of the contract or the acceptance by Fontana of District 50 as the bargaining representative of its carpenter employees.
Congress has seen fit to clothe the NLRB with the power in the first instance to resolve disputes such as this. Shore v. Carpenters Union, 316 F. Supp. 426 (W.D. Pa. 1970).
The Regional Director of the NLRB has, in my view, reasonable cause to believe that the respondent unions have engaged in an unfair labor practice under 29 U.S.C. Section 158(b)(7)(A) which prohibits picketing by a union where an object of the picketing is recognition, another union has been lawfully recognized and an existing contract with that union bars an election.
Accordingly, petitioner is entitled to an injunction as prayed for pending the conclusion of the case at the NLRB level.
The findings of fact and conclusions of law filed herewith are incorporated herein by reference. An injunction will issue.
1. Petitioner is Regional Director of the Fourth Region of the Board, an agency of the United States, and filed a petition in the above captioned matter for and on behalf of the Board.
2. On or about October 14, 1970, Fontana Construction Co., Inc. (Fontana), pursuant to the provisions of the National Labor Relations Act (Act), filed a charge with the Board alleging that Keystone District, United Brotherhood of Carpenters and Joiners Local 1854, AFL-CIO, a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b)(7), sub-paragraph (A), of the Act.
3. On or about November 2, 1970, Fontana filed a first amended charge alleging that Keystone District Council of Carpenters, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; (Respondent Council) and Local 1854 United Brotherhood of Carpenters and Joiners of America, AFL-CIO; (Respondent Local 1854), labor organizations, have engaged in, and are engaging in, unfair labor practices within the meaning of Section 8(b)(7), sub-paragraph (A) of the Act.
4. The aforesaid charge and amended charge were referred to the Regional Director of the Fourth Region of the Board.
5. There is and petitioner has reasonable cause to believe that:
5.01 Respondents each are unincorporated associations in which employees participate, and which exist for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, ...