The opinion of the court was delivered by: DALZELL
This is a dispute between two unions. Respondent Local 98 and Local 1448, both of the International Brotherhood of Electrical Workers ("IBEW"), are both competing to have their respective members install telephone, teledata, etc. wiring in the 280,000 square feet PNC Bank Regional Data Center building project ("PNC building") currently under construction at 8801 Tinicum Boulevard, Philadelphia, near Philadelphia International Airport. The NLRB charges that Local 98 has committed certain unfair labor practices, see infra II, by threatening to engage in a work stoppage on the construction site.
L.F. Driscoll Company ("Driscoll") is the general contractor on the PNC building. Driscoll has sub-contracted the installation of voice and data wiring to Reliable Telecom, Inc. ("the sub-contracted work").
Reliable has a collective bargaining agreement with Local 1448, based in Norristown, Pennsylvania, and thus assigned the sub-contracted work to Local 1448's members. Local 98, based in the City of Philadelphia, has, however, objected to Reliable's assignment of the sub-contracted work to Local 1448.
On March 11, 1997, John Dougherty, Local 98's business manager, called Joseph Culbertson, Reliable's Vice President, and requested that Reliable hire Local 98's members for the sub-contracted work. According to the NLRB, "Culbertson expressed a willingness to do so." Pet.'s Mem. of Law at 5.
On March 24, 1997, Mr. Culbertson, prior to arriving at the PNC building site with Local 1448 members ready to start work, received a page on his beeper from Local 98's business agent, Edward Coppinger,
who informed him that only Local 98 members could work on the PNC building. See id. That same day, Mr. Coppinger, on behalf of Local 98, informed Thomas Tobin, Driscoll's assistant project manager, that if Reliable performed the sub-contracted work with Local 1448 members, Local 98 would pull its members (totalling between fifty and seventy-five members) off the rest of the building project. This would be catastrophic to the project, since the electrical subcontractor, Harry F. Ortlip, which employs members of Local 98, is by far the largest and most important to this very large project, which is promised to be ready for at least partial occupancy by PNC personnel in mid-July. If Local 98's threat is carried out, other trades would not be able to continue working on the site and deadlines to Driscoll would be missed. Ms. Margaret A. Cowan, Driscoll's senior project manager, thus credibly testified at the hearing today that, "I could not afford to stop the electrical work in order to commission the project on time." See also Testimony of Thomas J. Tobin, III, Driscoll's assistant project manager (credibly testifying that it would be "devastating" if Ortlip's electricians walked off the site).
Mr. Tobin, on behalf of Driscoll, consequently told Reliable that it would not be permitted to do the sub-contracted work until it resolved its labor problems. Since March 24, Reliable has not performed the work which it was contracted to do at the site.
On March 26, 1997, Reliable filed a complaint before the NLRB charging unfair labor practices -- cases nos. 4-CC-2149 (the "CC" charge") and 4-CD-953 (the "CD" charge"). The Regional Office of the Board has found merit to these charges. Id. With regard to the CD charge, it is reported that the "Acting Regional Director issued a Notice of Hearing on April 17, 1997 . . . ." for May 13. Id. As to the CC charge, "the Region will issue Complaint . . . shortly, and establish a separate hearing." Id.
On April 22, 1997, Judge Padova, as Emergency Judge, signed an ex parte Order to Show Cause, setting an injunction hearing for this day. After hearing the testimony of three witnesses, we have concluded that the Board is entitled to its injunction.
A. Relief Sought: Injunction Pursuant ...