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SAMOFF v. HIGHWAY

January 24, 1973

Bernard Samoff, Regional Director, Fourth Region, NLRB, Petitioner
v.
Highway Truck Drivers And Helpers, Local 107, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Respondent


Hannum, District Judge.


The opinion of the court was delivered by: HANNUM

The Regional Director of the Fourth Region of the National Labor Relations Board has brought this action for a temporary injunction pursuant to Section 10(l) of the National Labor Relations Act, as amended (hereinafter called the Act). The petitioner seeks to enjoin the respondent, Highway Truck Drivers and Helpers, Local 107 (Local 107) from picketing Maurice Bell Fuel Corp. (Bell) for a purpose of recognition or organization pending disposition by the Board of a complaint charging the union with violations of Section 8(b) (7) (B) of the Act. This section prohibits picketing where an object is organization or recognition if a valid election has been held within the preceding 12 months. Local 107 contends that the sole object of its picketing is to maintain "area standards". A hearing was held on January 16, 1973. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to argue on the evidence and the law. 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 this petition for and on behalf of the Board.

 2. On or about January 8, 1973, Bell filed a charge with the Board alleging that Local 107 has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b) (7) (B) of the Act.

 4. There is, and petitioner has, reasonable cause to believe that:

 (a) Local 107 is an unincorporated association 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) Local 107 maintains its principal office at 105 Spring Garden Street, Philadelphia, 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) Bell is a Pennsylvania corporation engaged in Philadelphia, Pennsylvania, in the retail and wholesale coal and fuel oil business. In the operation of its business, Bell annually has gross retail sales exceeding $500,000 and it annually purchases fuel valued in excess of $50,000 from firms within Pennsylvania, which firms purchase said fuel directly from outside the Commonwealth of Pennsylvania.

 (d) Local 107 is not currently certified as the representative of any of Bell's employees.

 (e) On or about December 28, 1972, the Board, pursuant to the provisions of the Act, duly conducted an election by secret ballot among the employees of Bell in a unit consisting of all drivers, including service mechanic drivers, excluding truck mechanics, dispatchers, office clerical employees, guards, watchmen and supervisors as defined in the Act. At said election, a majority of the above employees voted against being represented by any labor organization.

 (f) On or about January 8, 1973, the Regional Director of Region Four of the Board, pursuant to the provisions of the Act, duly issued his Certification of Results of Election certifying that a majority of the valid ballots in the aforesaid election had not been cast for any labor organization appearing on the ballot and that no labor organization is the exclusive representative of the unit of employees described in Findings of Fact 4(e), above.

 (g) No charge has been filed with the Board under Section 8(a) (2) of the Act alleging that the Employer has unlawfully recognized or ...


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