General Teamsters Local No. 324, Etc.

National Labor Relations Board - Board Decisions

Sep 26, 1963

144 N.L.R.B. 836 (N.L.R.B. 1963)

836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or article 9, sections 1 and 2, or article 47(a) of the Over-the-Road
Agreement, to the extent found unlawful in the Board's Decision
and Order.
WE WILL NOT enter into, maintain , give effect to, or enforce any
other contract or agreement, express or implied, whereby Steffke
Freight Company, Gateway Transportation Company, or any
other employer, ceases or refrains or agrees to cease or refrain
from handling, using, selling, transporting, or otherwise dealing
in any of the products of Milwaukee Cheese Company or any
other employer, or from doing business with any other person.
CHAUFFEURS, TEAMSTERS AND HELPERS "GENERAL"
LOCAL UNION No. 200, INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the
date of posting and must not be altered, defaced, or covered by any
other material.
Employees may communicate directly with the Board' s Regional
Office, Midland Building, 176 West Adams Street, Chicago, Illinois,
Telephone No. CE 6-9660 if they have any question concerning this
notice or compliance with its provisions.
General Teamsters Local No. 324, International Brotherhood of
Teamsters , Chauffeurs, Warehousemen & Helpers of America
[Curly's Dairy, Inc., and Timber Valley Dairy, Inc.] and Cas-
cade Employers Association , Inc. Case No. 36-CC-96. Septem-
ber 26, 1963
DECISION AND ORDER
Unfair labor practice charges were filed on January 21, 1963, and
thereafter amended on March 5, 1963, by Cascade Employers Asso-
ciation, Inc., acting for its employer members, Curly's Dairy, Inc.,
and Timber Valley Dairy, Inc., against the Respondent, General
Teamsters Local No. 324, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America. Thereafter, on
April 8, 1963, the General Counsel of the National Labor Relations
Board, by the Regional Director for the Nineteenth Region, issued a
complaint and notice of hearing alleging that the Respondent had
violated Section 8 (b) (4) (ii) (B) of the Act by picketing certain retail
144 NLRB No. 77.
GENERAL TEAMSTERS LOCAL NO. 324, ETC. 837
establishments with an object of forcing or requiring these retail
establishments to cease doing business with the aforenamed dairies.
Copies of the charges, complaint, and notice of hearing before the
Trial Examiner were duly served upon the Respondent and the Charg-
ing Party.
On May 1, 1963, all parties entered into a stipulation of facts, and
waived a hearing, the taking of testimony before a Trial Examiner,
and the issuance of an Intermediate Report and Recommended Order,
and requested that the proceedings be transferred directly to the
Board for findings of fact, conclusions of law, and the issuance of a
Decision and Order based upon a record consisting of the charge,
amended charge, complaint, answer, and stipulation of the parties,
including certain exhibits.
On May 13, 1963, the Board approved the stipulation and trans-
ferred the case to itself. Thereafter, the General Council and Re-
spondent filed briefs.
Upon the basis of the stipulation, the briefs, and the entire record
in the case, the Board 1 makes the following:
FINDINGS OF FACT
1. BUSINESS OF THE EMPLOYER
Curly's Dairy, Inc., and Timber Valley Dairy, Inc., are Oregon
corporations engaged at Salem and Lebanon, Oregon, respectively,
in the purchase of raw milk and in the production, processing, sale,
and distribution at wholesale and retain of milk and dairy products.
They are affiliated family corporations, commonly owned, controlled,
and operated, with common officers and directors, and with common
control over their labor relations policies. The parties have stipu-
lated, and we find, that Curly's Dairy, Inc., and Timber Valley Dairy,
Inc., at all times material herein, have constituted a single employer
within the meaning of Section 2 (2) of the Act. During the past year,
Curly's Dairy, Inc., and Timber Valley Dairy, Inc., purchased and
received goods, products, and raw materials shipped directly from
outside the State of Oregon valued in excess of $50,000. During the
same period, they have had a gross revenue from sales in excess of $1
million. The Respondent admits, and we find, that Curly's Dairy, Inc.,
and Timber Valley Dairy, Inc., are engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
1 Pursuant to the provisions of Section 3(b) of the Act , the Board has delegated its
powers in connection with this case to a three -member panel [Chairman McCulloch and
Members Fanning and Brown].
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE LABOR ORGANIZATION INVOLVED
The Respondent, General Teamsters Local No. 324, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, is a labor organization within the meaning of Section 2(5)
of the Act.
M. THE UNFAIR LABOR PRACTICES
A. Facts
Since August 9, 1962, Respondent has been engaged in a labor
dispute with Curly's Dairy, Inc., and Timber Valley Dairy, Inc., due
to the failure of the parties to reach agreement on a collective-
bargaining contract. In support of its continuing dispute, the Re-
spondent has engaged in a program to promote and bring about a
consumer boycott of the dairy products produced by both employers.
Since January 1, 1963, the Respondent has picketed the premises
of Albertson's Market, Orcutt's Market, Marth's IGA Store, Jerry
Horne Market, and other retail food and grocery markets in the
vicinity of Salem and Lebanon, Oregon. One picket has patrolled
at the front of each of these establishments wearing aprons or tabards
which state :
ATTENTION CUSTOMERS
CURLY'S DAIRY PRODUCTS
Are Being Sold
At This Store
PLEASE
DO NOT BUY
CURLY'S MILK AND DAIRY PRODUCTS
See our Handbill for Details
Local 324, I.B.T.
Where the location being picketed sold Timber Dairy's products, the
name Timber Valley was inserted in place of Curly's. Pickets were
given detailed instructions not to interfere with deliveries or employ-
ees at the picketed establishments and were instructed to direct their
picketing and handbilling at consumers or customers of the particular
establishment. The handbills distributed by the pickets also sum-
marized the labor dispute and requested customers not to patronize
these distributors [Curly's Dairy and Timber Dairy] but to buy from
union distributors listed on the handbill. During the picketing herein,
there has been no interference by the Respondent or its pickets with
deliveries to or from the retail markets or with employees working
at such markets.
GENERAL TEAMSTERS LOCAL NO. 324, ETC. 839
Prior to the picketing and handbilling, the Respondent sent letters
to the operators of the retail stores (including the aforenamed markets)
informing them of their intention to picket peacefully at the store
entrances to inform and persuade the public not to buy Curly's or
Timber Valley's dairy products. The Respondent also requested in its
letter that it be notified of any disruption or interference with deliv-
eries to the stores or the work of the employees, so that prompt re-
medial action could be taken; in addition the Respondent requested
that it be notified if it were incorrect in believing that such dairy
products were being sold in order that it could remove the pickets.
At all times, the picketing and handbilling have been peacefully
conducted. It is undisputed that the Union has no labor dispute with
any of the retail markets in question.
B. Discussion
The Board has consistently held that picketing of a secondary estab-
lishment addressed to consumers constitutes restraint and coercion
within the meaning of Section 8(b) (4) (ii) of the Act? The hand-
bills and picketing here were admittedly aimed at persuading con-
sumers not to purchase the dairy products of Curly's and Timber's
dairies at the picketed premises. Since the picketing was aimed at re-
ducing or causing the complete cessation of the sale of such dairy
products, a natural and foreseeable effect of such picketing would be
to force the secondary retail establishments to curtail or cease doing
business with the dairies that produced the products. We find that
the Respondent's picketing was intended to achieve that unlawful
result. Accordingly, we find that the picketing herein violated Sec-
tion 8 (b) (4) (ii) (B) of the Act.3
2 New York Typographical Union No. 6 , International Typographical Union, AFL-CIO
( Gavrin Business Forms Company , Inc), 141 NLRB 1209; Local 445 , International
Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America ( Colony
Liquor Distributors , Inc.; at al ), 140 NLRB 1097; Upholsterers Frame & Bedding Work-
ers Twin City Local No. 61, affiliated with Upholsterers ' International Union of North
America, AFL-CIO ( Minneapolis House Furnishing Company ), 132 NLRB 40; Fruit &
Vegetable Packers & Warehousemen, Local 760 , and Joint Council No . 2 8 of the Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America
(Tree Fruits Labor Relations Committee, Inc .), 132 NLRB 1172, 1177, reversed 308 F 2d
311 (C A D.C ), petition for certification granted June 10, 1963 As noted previously, the
Board is respectfully adhering to its position that consumer picketing of a secondary
establishment constitutes restraint and coercion within the meaning of Section 8 (b) (4) (ii)
of the Act. See also Samuel H. Burr & Perfection Mattress & Spring Co . V. N.L R B , 321
F. 2d 612 (C.A. 5), in which the court of appeals specifically indicated its approval of the
Board position in this respect.
Although we, therefore , do not consider a showing of actual effect a necessary element
of the violation , it is noted that the parties have stipulated that approximately 15 cus-
tomers of these picketed retail markets informed the operators of such markets that they
would not purchase any products from such stores while they were being picketed.
3Local 445 , International Brotherhood of Teamsters, etc. (Colony Liquor Distributors,
Inc.; at al ), supra, and cases cited supra at footnote 2.
840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES ON COMMERCE
The activities of the Respondent as previously set forth, occurring
in connection with the operations of Curly's Dairy, Inc., and Timber
Valley Dairy, Inc., whom we have found to constitute a single em-
ployer, have a close, intimate, and substantial relation to trade,
traffic, and commerce among the several States, and tend to lead to
labor disputes burdening and obstructing commerce and the free flow of
commerce.
VI. THE REMEDY
Having found that the Respondent has engaged in unfair labor
practices we shall order it to cease and desist therefrom and to take
certain affirmative action designed to effectuate the policies of the Act.
Upon the basis of the foregoing findings of fact, and upon the
entire record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Curly's Dairy, Inc., and Timber Valley Dairy, Inc., constitute
a single employer within the meaning of Section 2(2) of the Act.
2. Curly's Dairy, Inc., and Timber Valley Dairy, Inc., are engaged
in commerce within the meaning of Section 2(6) and (7) of the Act.
3. General Teamsters Local No. 324, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of America, is a
labor organization within the meaning of Section 2(5) of the Act.
4. By its consumer picketing of Albertson's Market, Orcutt's
Market, Marth's IGA Store, Jerry Horne Market, and other retail
food and grocery markets in the vicinity of Salem and Lebanon,
Oregon, the Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8(b) (4) (ii) (B) of the
Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2(6) and (7) of
the Act.
ORDER
Upon the entire record in this case, and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent, General Team-
sters Local No. 324, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen & Helpers of America, its officers, agents, repre-
sentatives, successors, and assigns, shall:
1. Cease and desist from coercing or restraining Albertson's Mar-
ket, Orcutt's Market, Marth's IGA Store, Jerry Horne Market, and
other retail markets or any other person engaged in commerce or
GENERAL TEAMSTERS LOCAL NO. 324, ETC. 841
in an industry affecting commerce, by picketing them where an object
thereof is to force or require them to cease using, selling, handling,
transporting, or otherwise dealing in the products of Curly's Dairy,
Inc., and Timber Valley Dairy, Inc., or to cease doing business with
Curly's Dairy, Inc., and Timber Valley Dairy, Inc.
2. Take the following affirmative action which the Board finds will
effectuate the purposes of the Act:
(a) Post at its business offices and meeting halls in Salem, Oregon,
copies of the attached notice marked "Appendix." 4 Copies of said
notice, to be furnished by the Regional Director for the Nineteenth
Region, shall, after being duly signed by the Respondent's repre-
sentative, be posted by Respondent immediately upon receipt thereof,
and be maintained by it for 60 consecutive days thereafter, in con-
spicuous places, including all places where notices to its members
are customarily posted. Reasonable steps shall be taken to insure
that said notices are not altered, defaced, or covered by any other
material.
(b) Furnish to the said Regional Director copies of the afore-
mentioned notice for posting by Albertson's Market, Orcutt's Market,
Marth's IGA Store, Jerry Horne Market, and other retail markets,
if they be willing, where picketing occurred.
(c) Notify the Regional Director, in writing, within 10 days from
the date of this Order, what steps have been taken by the Respondent
to comply herewith.
' In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "A Decision and Order" the words "A
Decree of the United States Court of Appeals , Enforcing an Order."
APPENDIX
NOTICE TO ALL MEMBERS OF GENERAL TEAMSTERS LOCAL No. 324, INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN & HELPERS OF AMERICA AND TO ALL EMPLOYEES OF ALBERTSON'S
MARKET; ORCUTT'S MARKET; MARTII's IGA STORE; JERRY HORNE'S
MARKET
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that :
WE WILL NOT threaten, coerce, or restrain any of the above-
named Employers or any other persons engaged in commerce or
in an industry affecting commerce by picketing where an object
thereof is to force or require them to cease using, selling, handling,
transporting, or otherwise dealing in the products of Curly's
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dairy, Inc., or Timber Valley Dairy, Inc., or to cease doing busi-
ness with Curly's Dairy, Inc., or Timber Valley Dairy, Inc.
GENERAL TEAMSTERS LOCAL No. 324, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHA-UFFERS, WARE-
HOUSEMEN & HELPERS OF AMERICA,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the
date of posting, and must not be altered, defaced, or covered by any
other material.
Employees may communicate directly with the Board's Regional
Office, 327 Logan Building, 500 Union Street, Seattle, Washington,
Telephone No. Mutual 2-2300, Extension 553, if they have any ques-
tion concerning this notice or compliance with its provisions.
Cabinet Manufacturing Corporation and Chauffeurs, Teamsters,
and Helpers Local Union 215, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica. Case No. 25-CA-1655. September 26, 1963
DECISION AND ORDER
On May 8, 1963, Trial Examiner James A. Shaw issued his Inter-
mediate Report in the above-entitled proceeding, finding that the Re-
spondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the attached Interme-
diate Report. Thereafter, the Respondent and General Counsel filed
exceptions to the Intermediate Report and supporting briefs.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman McCulloch and Members Fanning and
Brown].
The Board has reviewed the rulings made by the Trial Examiner
ands finds that no prejudicial error was committed.' The rulings are
, Respondent made the following contentions : (1) The Trial Examiner's credibility reso-
lutions in favor of General Counsel's witnesses demonstrated his bias and prejudice
against the Respondent ; ( 2) Harry Berns , counsel of record for the Union, became a pri-
mary witness for the General Counsel but remained an advocate on behalf of both contrary
to canon 19 of the Canons of Professional Ethics of the American and Indiana Bar Asso-
ciations ; ( 3) the Trial Examiner improperly took cognizance of the Board' s recent deci-
sion involving the Respondent Company, 140 NLRB 576, wherein it was found that Re-
spondent refused to bargain in violation of Section 8(a) (5) and (1) of the Act. As to (1),
we find, upon careful analysis of the entire record , that the Trial Examiner was not biased
144 NLRB No. 82.