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ZURLNICK EX REL. NLRB v. IBEW

July 18, 1973

Alan Zurlnick, Acting Regional Director of the Fourth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner
v.
International Brotherhood of Electrical Workers, Local 98, Respondent


Green, D.J.


The opinion of the court was delivered by: GREEN

GREEN, D.J.:

 Alan Zurlnick, the Acting Regional Director of the Fourth Region of the National Labor Relations Board (hereinafter referred to as "Petitioner") has petitioned the Court, pursuant to Section 10(l) of the National Labor Relations Act, as amended, (61 Stat. 149; 73 Stat. 544; 29 U.S.C. § 160(l); (hereinafter referred to as "The Act"), for a temporary injunction. Petitioner, acting on charges filed by the Communications Workers of America (hereinafter referred to as "CWA") seeks to enjoin the International Brotherhood of Electrical Workers, Local 98, respondent herein, from continuing certain alleged conduct and practices said to be unfair labor practices within the meaning of § 8(b) (4) (i) and (ii), subparagraph (D), of the Act. *fn1"

 Hearings were held on June 28 and July 5, 1973, and full opportunity was afforded the parties to be heard, to examine and cross-examine witnesses, and to argue on the evidence and the law. The Court has fully considered the petition, answer, evidence, arguments and briefs of counsel. Upon consideration of the entire record, the Court makes the following:

 Findings of Fact

 1. Petitioner is Acting 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. (Admitted by answer of respondent.)

 2. On or about May 11, 1973, Communications Workers of America (herein called CWA), pursuant to the provisions of the Act, filed a charge with the Board alleging that International Brotherhood of Electrical Workers, Local 98, (herein called respondent), a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b) (4) (i) and (ii), subparagraph (D), of the Act. (Admitted by Answer of respondent.)

 3. The aforesaid charge was referred to the petitioner as Acting Regional Director of the Fourth Region of the Board. (Admitted by Answer of respondent.)

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

 
(a) Respondent and CWA 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, rates of pay, hours of employment or conditions of work. (Admitted by Answer of respondent.)
 
(b) Respondent maintains its principal office in Philadelphia, Pennsylvania, and at all times material herein, said respondent has been engaged within this judicial district in transacting business and in promoting and protecting the interest of its employee members. (Admitted by Answer of respondent.)
 
(c) At all times material herein, James McDevitt has been a business agent of respondent and has acted as an agent of respondent.
 
(d) At all times material herein, Mitchell Tubin has been a steward of respondent and has acted ...

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