Local 282, Int'l Brotherhood of Teamsters, Etc.

National Labor Relations Board - Board Decisions

Jun 26, 1962

137 N.L.R.B. 858 (N.L.R.B. 1962)

858 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
persons engaged in commerce or in an industry affecting commerce within the •mean-
ing,of Section 8(b) (4) (ii) of the Act.
2. Bakery Salesmen 's Local Union No. 227, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen, and Helpers of America, Independent , is a labor
organization within the meaning of Section 2(5) of the Act.
3. By picketing at the premises of Ashbrook and by calling a strike of Ashbrook
employees with an object to force or require Ashbrook to cease doing business with
Associated , Local 227 has violated Section 8 (b)(4)(i) and '( ii) (B) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Local 282, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America and Twin County
Transit Mix, Inc. Case No. 2-CC-649. June 26,1962
DECISION AND ORDER
On December 14, 1961, Trial Examiner Max M. Goldman issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in certain unfair labor practices and recom-
mending that it cease and desist therefrom and take certain affirmative
action, as set forth in the Intermediate Report attached hereto. There-
after, the Respondent and the General Counsel filed exceptions to the
Intermediate Report and supporting briefs.
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the intermedi-
ate Report, the exceptions and briefs, and the entire record in this
case , and hereby adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner with the modifications noted below.
Like the Trial Examiner, we find that the primary dispute in this
case was between the Respondent and the industry group of employers
over the terms of a new contract, and that the Respondent's activity
against Twin County, its suppliers, including Acme, its customers, in-
cluding Ruland Realty Corporation and De Santis Construction Cor-
poration, the suppliers and customers of Acme, including Schwerman
Company of Pennsylvania, Inc., Chemical Tank Lines, Inc., Lone Star
Cement Corp., and Hercules Cement Company (a Division of Ameri-
can Cement Corp.) was clearly secondary.' Accordingly, we adopt
the Trial Examiner's finding that the Respondent violated Section
8 (b) (4) (i) and (ii) (B) of the Act. We agree with the General Coun-
sel, however, that the scope of the order recommended by the Trial
1 Local 636 of the United Association of Journeymen and Apprentices of the Plumbing
and Pipe Fitting Industry, etc. (Detroit Edison Co .) V. N.L.R.li., 278 F. 2d 858 (C.A.D.C.),
enfg. as mod . 123 NLRB 225; United Marine Division, Local 333, International Longshore-
men's Association, etc. (New York Shipping Association ), 107 NLRB 686, 709.
1.37 NLRB No. 105.
LOCAL 282, INT'L BROTHERHOOD OF TEAMSTERS, ETC. 859
Examiner is not broad enough effectively to remedy the Respondent's
unfair labor practices.' We shall, therefore, issue an Order and ac-
companying notice which are coextensive with the violations found
herein?
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, Local 282, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, its officers, agents, representatives, successors, and
assigns, shall :
1. Cease and desist from engaging in, or inducing or encouraging
any individual employer by Twin County Transit Mix, Inc., its sup-
pliers, including Acme Concrete & Supply Corp., its customers, includ-
ing Ruland Realty Corporation and De Santis Construction Corpora-
tion, the suppliers and customers of Acme Concrete & Supply Corp.,
including Schwerman Company of Pennsylvania, Inc., Chemical Tank
Lines, Inc., Lone Star Cement Corp., Hercules Cement Company (a
Division of American Cement Corp.), or employed by any other em-
ployer or person engaged in commerce or in an industry affecting
commerce, to engage in, a strike or a refusal in the course of his em-
ployment to use, manufacture, process, transport, or otherwise handle
or work on any goods, articles, materials, or commodities, or to per-
form any services, or threatening, coercing, or restraining any of the
aforesaid employers, or any other employer or person engaged in com-
merce or in an industry affecting commerce; where in either case an
object thereof is (1) to force or require Twin County Transit Mix,
Inc., to cease doing business with its customers, suppliers, or any other
person; (2) to force or require customers or suppliers of Twin County
Transit Mix, Inc., or any other person, to cease doing business with
Twin County Transit Mix, Inc.; or (3) to force or require Acme Con-
crete & Supply Corp. to cease doing business with its customers, sup-
pliers, or any other person; or (4) to force or require customers or
suppliers of Acme Concrete & Supply Corp., or any other person, to
cease doing business with Acme Concrete & Supply Corp.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post in conspicuous places at the Respondent's business offices
and meeting halls, copies of the notice attached hereto marked "Ap-
3 International Brotherhood of Electrical Workers, Local 501, et al. ( Samuel Langer) v.
N.L R.B , 341 U.S. 694, 705
3 Blueprint Photostat & Photo Employees Union, Local 249, etc. ( East Photo Lab), 135
NLRB 7090 , Local 459, International Union of Electrical, Radio and Machine Workers,
.9FL-0IO (Friden, Inc.), 134 NLRB 598.
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pendix." 4 Copies of said notice, to be furnished by the Regional Di-
rector for the Second Region, shall, after being duly signed by the
Respondent's authorized representative, be posted by the Respondent
immediately upon receipt thereof, and be maintained by it for 60 con-
secutive days thereafter, in conspicuous places, including all places
where notices to members are customarily posted. Reasonable steps
shall be taken to insure that such notices are not altered, defaced, or
covered by any other material.
(b) Sign and mail sufficient copies of said notice to the Regional
Director for the Second Region for posting, the employers herein
being willing, at all locations where notices to their respective em-
ployees are customarily posted.
(c) Notify the Regional Director for the Second Region, in writing,
within 10 days from the date of this Order, what steps have been taken
to comply herewith.
4 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 "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
APPENDIX
NOTICE TO ALL MEMBERS OF LOCAL 282, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CIIAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA
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, you are hereby notified that :
WE WILL NOT engage in, or induce or encourage any individual
employed by Twin County Transit Mix, Inc., its suppliers, includ-
ing Acme Concrete & Supply Corp., its customers, including
Ruland Realty Corporation and De Santis Construction Cor-
poration, the suppliers and customers of Acme Concrete & Sup-
ply Corp., including Schwerman Company of Pennsylvania, Inc.,
Chemical Tank Lines, Inc., Lone Star Cement Corp., Hercules
Cement Company (a Division of American Cement Corp.), or
by any other employer or person engaged in commerce or in an
industry affecting commerce, to engage in, a strike or a refusal
in the course of his employment to use, manufacture, process,
transport, or otherwise handle or work on any goods, articles,
materials, or commodities, or to perform any services.
WE WILL NOT threaten, coerce, or restrain any of the aforesaid
employers, or any other employer or person engaged in commerce
or in an industry affecting commerce; where in either case, an
object thereof is (1) to force or require Twin County Transit
Mix, Inc., to cease doing business with its customers, suppliers,
or any other person; (2) to force or require customers or sup-
LOCAL 282 , INT'L BROTHERHOOD OF TEAMSTERS , ETC. 861
pliers of Twin County Transit Mix, Inc., or any other person, to
cease doing business with Twin County Transit Mix , Inc.; (3) to
force or require Acme Concrete & Supply Corp . to cease doing
business with its customers , suppliers , or any other person; or (4)
to force or require customers or suppliers of Acme Concrete &
Supply Corp ., or any other person, to cease doing business with
Acme Concrete & Supply Corp.
LOCAL 282, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS , CHAUFFEURS , 'VVARE-
HOUSEMEN AND HELPERS OF AMERICA,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional
Office, Fifth Floor, Squibb Building , 745 Fifth Avenue, New York 22,
New York, Telephone Number, Plaza 1-5500, if they have any ques-
tions concerning this notice or compliance with its provisions.
INTERMEDIATE REPORT AND RECOMMENDED ORDER
STATEMENT OF THE CASE
This proceeding against Local 282, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, herein also called the Teamsters or
the Respondent , involves Section 8(b) (4) (i ) and (u ) ( B) allegations and was
initiated by Twin County Transit Mix, Inc., herein also called Twin County or the
Charging Party. The hearing was conducted on various days between October 23
and November 2, 1961, at Easton, Pennsylvania, and New York, New York. The
General Counsel presented oral argument and the Respondent filed a brief with
Trial Examiner Max M. Goldman.
Upon the entire record in the case , and from his observation of the witnesses, the
Trial Examiner makes the following:
FINDINGS OF FACT
1. THE BUSINESS ACTIVITIES OF THE EMPLOYERS
Twin County Transit Mix, Inc., a New York corporation, with its principal office
and place of business at Smithtown, New York, is engaged in the manufacture, sale,
and distribution of ready-mixed concrete. During the past year, which is repre-
sentative of its annual operations generally, in the course and conduct of its business
Twin County purchased and caused to be transported and delivered to its place of
business cement and other goods and materials valued in excess of $50,000, of which
goods and materials valued in excess of $50,000 were transported and delivered to it
and received from other enterprises , including , among others , Acme Concrete &
Supply Corp., herein also called Acme, located in the State of New York, each of
which other enterprises had received the said goods and materials in interstate com-
merce directly from States of the United States other than the State in which it is
located.
Acme Concrete & Supply Corp., a New York corporation, with its principal office
and place of business at Smithtown, New York, is engaged in the sale and distribu-
tion of sand, gravel, cement, calcium chloride, and related products. During the
past year , which is representative of its annual operations generally , in the course
and conduct of its business Acme purchased and caused to be purchased and delivered
to its place of business cement and other goods and materials valued in excess of
$50,000 , of which goods and materials valued in excess of $50,000 were transported
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and delivered to its place of business in interstate commerce directly from States of
the United States other than the State in which it is located.
Ruland Realty Corporation , herein also called Ruland , a New York corporation,
with its principal office and place of business at Selden, New York, is engaged in the
building and construction industry as a general contractor.
,De Santis Construction Corporation , herein also called De Santis, a New York
corporation , with its principal office and place of business in the city and State of
New York , is engaged in the building and construction industry as a concrete
contractor.
ABG Building Corporation , herein also called ABG , a New York corporation,
with its principal office and place of business at Smithtown , New York, is engaged
in the building and construction business as a development builder.
Schwerman Company of Pennsylvania, Inc., herein also called Schwerman, a
New York corporation , with its principal office and place of business at Nazareth,
Pennsylvania , is engaged in providing and performing interstate motor trucking
services . During the past year , which period is representative of its annual opera-
tions generally , in the course and conduct of its interstate trucking operations , Schwer-
man performed services valued in excess of $50,000, of which services valued in
excess of $50,000 were performed in, and for various enterprises located in, States
other than the State in which it is located.
Chemical Tank Lines, Inc., herein also called Chemical , a Pennsylvania corpora-
tion, with its principal office and place of business at Downington , Pennsylvania, is
engaged in providing and performing interstate motor trucking services . During
the past year , which is representative of its annual operations generally, in the course
and conduct of its interstate trucking operations, Chemical performed services valued
in excess of $50,000, of which services valued in excess of $50,000 were performed in,
and for various enterprises located in , States other than the State in which it is located.
Lone Star Cement Corp ., herein also called Lone Star , a New York corporation,
with its principal office and place of business at Albany, New York, and various places
of business in the State of Pennsylvania and elsewhere, is engaged in the manufacture,
sale, and distribution of cement and related products . During the past year, which
is representative of its annual operations generally, in the course and conduct of its
operations Lone Star manufactured , sold, and distributed at its Philadelphia plant,
products valued in excess of $50,000 , of which products valued in excess of $ 50,000
were shipped from said plant in interstate commerce directly to States of the United
States other than the State in which it is located.
Hercules Cement Company ( a Division of American Cement Corp .), herein also
called Hercules , is a New York corporation , with its office and place of business at
Philadelphia , Pennsylvania , where it is engaged in the manufacture , sale, and distribu-
tion of cement and related products . During the past year , which period is repre-
sentative of its annual operations generally, in the course and conduct of its operations
Hercules manufactured , sold, and distributed products valued in excess of $50,000,
of which products valued in excess of $50,000 were shipped from said place of
business in interstate commerce directly to States of the United States other than the
State in which it is located.
It is found that Twin County, Acme, Ruland , De Santis , ABG, Schwerman , Chemi-
cal, Lone Star , and Hercules are persons engaged in commerce and are engaged in an
industry affecting commerce within the meaning of the Act.
It is further found that at all times material Twin County has done business with
Acme, and has furnished materials used and handled by, and has done business with
De Santis , ABG, Ruland , the persons owning East Hill Estates , herein also called
East Hill, and other persons engaged in commerce and in industries affecting
commerce ; and Acme has done business with Schwerman , Chemical, Hercules, Lone
Star , Twin County, and other persons engaged in commerce and in industries affect-
ing commerce ; and Ruland has used and handled materials furnished by, and has
done business with Twin County, De Santis , and other persons engaged in commerce
and in industries affecting commerce ; and East Hill has used and handled materials
furnished by, and has done business with Twin County, ABG, and other persons
engaged in commerce and in industries affecting commerce ; and Lone Star , Hercules,
Schwerman , Chemical , and other persons engaged in commerce and in industries
affecting commerce , have done business with Acme and Twin County.
II. THE LABOR ORGANIZATION
The Respondent , Local 282, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , is a labor organization within the meaning
,of the Act.
LOCAL 282, INT'L BROTHERHOOD OF TEAMSTERS, ETC. 863
III. THE UNFAIR LABOR PRACTICES
A. The events
On July 1, 1961, the Teamsters as the recognized representative struck certain
employers in the ready-mixed concrete industry (other than Twin County) in the
New York City area with whom it had been negotiating as to terms and conditions
of employment. Twin County never had a contract with the Teamsters and was not
a party to these negotiations . The industry dispute came to an end about August 25.
Twin County and Acme operate at the same premises at Smithtown, New York.
Acme is Twin County's main supplier and provides the ingredients for the concrete
at its hopper where Twin County receives the ingredients and then trucks the con-
crete to construction sites in the area .' When the industry dispute started for reasons
of its own, Twin County ceased operating. Twin County did however resume opera-
tions on July 25, while the industry dispute was still in progress . It is the Teamsters'
conduct during this period of time from July 25, when Twin County resumed opera-
tions, until about August 25, when the industry dispute ended, which is the subject
of this proceeding.
On July 26, after Twin County resumed operations with three of its seven drivers,
Thomas McElligott, delegate of the Teamsters, requested cooperation of Peter
Intrabartilo, president of Twin County, while in the latter's office, by asking Intra-
bartilo not to operate as it was prejudicial to the Teamsters' position in the industry
strike then in progress in that it would provide an incentive for others to operate.
Intrabartilo declined to cease operations and McElligott declared that Twin County
had the most beautiful fleet of trucks on Long Island and it would be a shame if the
trucks got smashed.2
That afternoon Intrabartilo and Twin County's general manager, Joseph Mura-
tore, appeared at the Woodhull Estates job where one of Twin County's customers,
De Santis Construction, was engaged as the mason contractor. One of Twin
County's drivers, Harold Dionne, was then on the site delivering concrete, and
McElligott asked him to cooperate by returning the load to Twin County. Dionne
refused. McElligott also asked Silvester Spilabotte, an officer of De Santis, to
cooperate by not using the concrete. McElligott told Intrabartilo that the Teamsters
was going to stop him from running concrete one way or another, including picketing
the construction job McElligott continued that they did not want to see anyone
hurt, that he could not control "them goons" from the city, and that Intrabartilo had
been in the industry long enough to know what they would do. Joseph Muratore
told McElligott that they would appreciate not having any violence. McElligott
replied that they were over 21, and that he had no control over it. There was also
some discussion between the Teamsters and Twin County about negotiating a
contract.3
Later that day, July 26, McElligott met with Intrabartilo and Joseph Muratore
at Twin County's office. Present also were Nick Sciortino, George Longobardi, Al
Joachim, and Salvatore Monti, who had worked for Twin County as drivers at the
time it ceased operating on July 1. McElligott considered these men members of
the Teamsters. In the course of this meeting McElligott stated that if the drivers
decided to return to work he could not take their union books from them. The
subject of a contract between the Teamsters and Twin County also arose. Mc-
Elligott again asked Intrabartilo for his cooperation by not operating.
The following day, July 27, the four drivers who had attended the meeting with
McElligott at Twin County's office returned to work. On this day McElligott ap-
peared at the Twin County entrance and as Joachim drove out, McElligott told him
to get out of the truck or he would press charges against Joachim. Joseph Muratore
interceded explaining that there was concrete in the truck, and McElligott stated
that it was all right for Joachim to finish that day's work but he wanted Joachim
'Detailed findings as to the relationship between Twin County and Acme will be made
In another proceeding before the Trial Examiner (Case No. 2-CC-653) in which Acme
is the Charging Party and the Teamsters is the Respondent
2 McElligott denied having at any time referred to a possibility that Twin County's
trucks might be smashed Upon the basis of the Trial Examiner's observation of the
witnesses , Intrabartilo's testimony is, and McElligott's testimony is not, credited
3 These findings are based upon Intrabartilo's and Joseph Muratore's creditable testi-
mony. For reasons already given, McElligott's denials are not credited and his testimony
at variance with the findings will not be mentioned hereafter.
Although Nick Sciortino and George Longobardi, who later acted as pickets, were placed
on the premises by the testimony of Intrabartilo and Joseph Muratore, the record does not
clearly show that they were within hearing distances during this exchange.
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
off the truck. On the same day when Longobardi was making a delivery at the
Woodlawn Park job, one of Twin County's customers, McElligott appeared with
about 10 other members of the Teamsters. McElligott told Longobardi, who had
been a member of the Teamsters for 10 years, to get off the truck or he would bring
Longobardi up on charges. McElligott declared further that Longobardi could finish
the day's work but was not to get on the truck until the strike was over. Also that
day McElligott and a group of men stopped Twin County trucks at the entrance to
the premises. On one occasion McElligott told Twin County driver, Thomas
Bociek, that four of the drivers would not work the next day and suggested that
Bociek do the same thing and cooperate with the Teamsters. During the course
of the same day, a private trucker and member of the Teamsters, who delivered
gravel to Twin County's supplier, was approached by McElligott. McElligott told
the driver that if he continued to make deliveries, McElligott would bring him up
on charges.
The following day, July 28, the four men who had attended the meeting with
McElligott at Twin County's office on July 26, did not, as they had informed Intra-
bait:lo the night before, report for work at Twin County. On the morning of
July 28 about 150 to 200 men appeared at the premises and blocked every entrance.
Present also were McElligott and Teamster Delegates Vincent D'Ambrosio and
John Cody .4 The Teamsters' officials and the officials of Twin County and Acme
met on the street in front of the premises and after the men quieted down, had a
conversation in the presence of the crowd that had gathered. McElligott told
Intrabartilo to stop operating his trucks or they would have trouble. McElligott
also stated to Intrabartilo and Joseph Muratore that they were over 21, that he
had no control over the men, and that some of the boys were going to get nasty and
break some heads. Intrabartilo announced to those present that he had been ready
and was then ready to negotiate a contract so that he could continue to work without
interference. Intrabartilo further announced, as had occurred when the subject of
contract negotiations had arisen with McElligott prior to this occasion, that he was
prepared to sign a contract incorporating the terms ultimately reached in the industry
dispute on a retroactive basis or anything else the Teamsters wanted him to sign
so that he would operate. D'Ambrosio stated, expressing the position the Team-
sters had taken in the past with Twin County, that there would be no separate
contracts and that Twin County was to cease operating.
Later that day McElligott and Cody appeared at the Twin County office and
handed Intrabartilo and Joseph Muratore a document containing certain 29 pro-
posals. Twin County's representatives pointed out that according to the newspapers,
the Teamsters had limited themselves to six proposals. The Teamsters' representa-
tives presented the 29 proposals on a take-it-or-leave-it basis and stated that they
would return in a few days for further discussions. They however never returned
to discuss the matter. Before this meeting was over, Cody called Joseph Muratore
aside in another room and told him that the Teamsters was going to make it tough
for them if Twin County did not shut down, and further that when this was all over
the Teamsters was going to let Twin County live up to the letter of the law.
Before the end of that day, July 28, Teamster pickets appeared in front of the
premises occupied by Twin County and Acme displaying signs stating that Twin
County was on strike or was unfair For all practical purposes the picketing was
conducted from then until about August 25 when the industry dispute was resolved
On the same day, July 28, when Twin County driver John Sohl was approaching
the entrance to the premises, he had to stop as about 25 men were in front of his
truck McElligott approached and asked Sohl to cooperate with the Teamsters and
stop working. On this day also, McElligott appeared at the iobsite of East Hill
Estates, one of Twin County's customers, and asked Peter Taylor, construction
superintendent of ABG Building Corporation, if it was a union job and Taylor
replied that it was McElligott asked Taylor to stop deliveries of concrete from
Twin County and Taylor refused. McElligott thereupon stated that he would have
a grievance. Within about 2 weeks McElligott took up the matter of the existance
of a nonunion condition with the area building trades council, and he and repre-
sentatives of various crafts appeared on the iobsite McElligott again spoke to
Taylor seeking his cooperation by not doing business with Twin County. McElligott
was again refused and he and the others left.
When Sohl appeared at the Twin County premises on July 31, a rock was thrown
which dented the cab. Sohl did not know who threw the rock but concluded that
it must have come from across the street where about 75 men had congregated
and picket signs were hanging on the telephone pole. Sohl had seen some of these
d Neither D'Ambrosio nor Cody appeared as a witness.
LOCAL 282, INT'L BROTHERHOOD OF TEAMSTERS, ETC. 865
men on the picket line on other occasions. At this time McElligott and about 30
other men were parked in their cars about 30 yards down the street from Sohi. On
the same day, Twin County driver Dionne's truck was hit on the side of the fender
by a rock while he was at the driveway used by Acme At that time there were
about 20 or 30 men in front of that entrance Dionne could not identify these men
and did not testify that the rock came from these men. Dionne saw McElligott
there during that day.
On July 31, Cody appeared at the De Santis' Beachwood City job (Ruland Realty)
and pointed out to Spilabotte, who was getting his concrete from Twin County, that
McElligott had told him to stop using concrete. Spilabotte stated that he would use
the concrete so long as he continued to receive it. Cody then stated that if Spilabotte
did not stop using concrete that day there would be a picket line there the next day
The following day a Teamster picket line appeared on a road which the about 50
employees of various building trades then working on the job would have to cross
to go to work. That afternoon the pickets left.
On the afternoon of about August 4, a driver for Chemical sought to make a
delivery of cement to Acme. As he approached the Acme driveway, Teamster
pickets, including Longobardi and Sciortino, approached him and asked him not
to make the delivery. Pickets also declared to the driver that he had 40 miles to
get back out of the State, that he had to make deliveries at other plants, that he had
better watch himself, and that they would get him. After the delivery was made and
the driver left the premises, two cars which had been regularly parked in the area
during the course of the picketing followed the truck. The occupant of one of the
cars was a man who had regularly picketed the premises.
About 7:30 p.m. on the same day, Gordon Steigerwalt, a driver for Schwerman, also
sought to deliver cement to Acme. When Steigerwalt approached the Acme entrance,
some pickets stopped Steigerwalt in the driveway. Pickets told Steigerwalt that if
he unloaded they were going to lift his union book, he had a long way to go to
get out of the State, and he would be sorry. A car, with a man who had worn a
picket sign at the premises when Steigerwalt appeared, followed Steigerwalt and
when they were in the next county and he no longer had a police escort, the car started
to cut over as if to run Steigerwalt off the road.
On August 11, Joseph Muratore appeared on a road about a thousand feet from
the premises in an effort to help a driver who delivered gravel to Acme believing
that the driver was in trouble. There were four men present who regularly acted as
pickets at the premises. One of these men declared that Joseph Muratore was the
man they wanted and that they were going to beat him. The group then punched
Joseph Muratore. Joseph Muratore thereafter was able to identify the four men to
the police by sight as they were standing with a group at an entrance to the premises,
some of whom in the group wore picket signs. These four men then threatened to
beat Joseph Muratore and finish what they had not done before. Joseph Muratore
later withdrew or decided not to press an assault charge at the police station on the
promise by these men that they were not to engage in any more violence. Joseph
Muratore did not name the four individuals in his testimony.
During the same day, Paul Bartholomew, a driver for Chemical, was on his way to
make a delivery of cement to Acme when he was stopped on the New York side of
the Holland Tunnel A man who identified himself as Anthony Bli, stated that he
was a umonman Bartholomew showed Bli his union identification card Bli in
effect suggested that Bartholomew not make his delivery to Acme.
A few days later on August 14, about 3:45 a.m., a time when Twin County does
not operate as it delivers concrete to jobsites for immediate use, Charles Kells, a
driver for Schwerman, appeared at the premises to deliver cement to Acme. There
were at least '12 people present, some of whom carried Teamster picket signs. As
Kells approached the Acme driveway some of these people asked Kells not to cross
the picket line to make his delivery to Acme. Kells stated that he would check with
his terminal manager. Another person came running over to the truck, asked
whether Kells was going to cross the picket line, and, when he was told that Kells
was not going to do so but was going to check with his terminal manager, stated
that Kells ought to check his pin. With that Kells backed the tractor into the pin
and heard it snap. Kell's failure to have done so would have separated the trailer
from the tractor and the unit would have broken in half permitting the trailer
to collapse on the ground About 7 a.m that day, about 7-5 men were at the
premises. One group stood in the center of the Acme driveway and another in the
center of a Twin County driveway making it impossible to use these driveways with-
out these men moving.
The following day, August 15, about I a in , Paul Smith, a Chemical driver, sought
to deliver cement at Acme. There were about 25 men walking the picket line. Some
649856-63-vol . 137-56
866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the men carried Teamster picket signs and were in front of Acme's driveway. As
Smith approached the premises and stopped, someone in a group standing around
the truck yelled that Smith should not forget that he had to go back to Pennsylvania.
A day later, August 16, about 10:30 p.m., Richard Schmidt, a Schwerman driver,
arrived at the premises to make a delivery of cement to Acme. Joseph Muratore,
general manager of Acme, sat alongside him in the truck as the truck appeared on
the scene. Schmidt stopped as he was about to enter the Acme driveway and a
number of men, including one, Bernard Hearle, who wore a picket sign, jumped
on the driver's side of the truck. One of these people banged his hand on the glass
and broke the window. This man either jumped off the truck or was removed by a
policeman. In a later conversation with named pickets, included Hearle, in which
they were attempting to dissuade Schmidt from delivering the cement, one man told
Schmidt that it was a long way back to Pennsylvania and he had to get there that
night, and another stated that this thing would be over sometime.
On August 18, Harry Michael, a driver for Chemical, was stopped a block or two
before he arrived at Acme to deliver cement. Unidentified individuals sought to dis-
suade Michael from making his delivery, and Michael continued toward Acme after
stating that he would honor a picket line.
On August 24, Thomas Bociek, a Twin County driver, was on his way delivering
concrete to a customer. While he was on the road, four or five men who had gotten
out of a car threw rocks at the truck. One rock dented the door. Another rock
broke a window shattering the glass. Some glass entered Bociek's eye and he went
to the hospital. Bociek could not with certainty name the man who threw the rock,
but apparently named Hearle, or in any event an individual who had carried a picket
sign at the Twin County and Acme premises, as one of the four or five men in the
group.
B. The conclusions
In view of the fact that on July 1 the Teamsters as the recognized bargaining agent
struck employers in the ready-mixed concrete industry with whom it had been ne-
gotiating and not Twin County with whom it had not been negotiating, the picketing
at Twin County did not begin until after July 25 when Twin County resumed opera-
tions, McElligott requested Intrabartilo on July 26 not to operate as delivering con-
crete was prejudicial to the Teamsters' position in the then current industry dispute,
the Teamsters thereafter attempted to get Twin County to shut down rather than
enter into a separate contract with Twin County as shown by the conduct of D'Am-
brosio, Cody, and McElligott; and in view of the fact that the Teamsters sought to
prevent Acme's suppliers from making deliveries to Acme by picketing, solicitation,
threats, and otherwise, thereby tending to cut off Twin County's principal source of
supplies, it is found that an object of the Teamsters' conduct enumerated below was
to further its dispute and strike with ready-mixed concrete industry arising out of
contract negotiations to which neither Twin County nor Acme was a party, and to
force Twin County to cease doing business with its customers and principal sup-
plier, Acme, and also to force Acme to cease doing business with its suppliers and
with Twin County.
It is found that in furtherance of the above object the Teamsters induced or en-
couraged or threatened, coerced, or restrained in violation of Section 8(b)(4)(i)
and (ii) (B) of the Act by engaging in the following conduct: (1) McElligott's threat
to Intrabartilo on July 26 to smash Twin County trucks if Twin County did not
cease operations; (2) McElligott's solicitation of Dionne, Bociek, and Sohl on
July 26, 27, and 28, respectively, not to perform work for Twin County; (3)
McElligott's threats of violence to Intrabartilo and Joseph Muratore on July 26
and 28, if Twin County did not cease operating; (4) McElligott's threat to Joachim
and Longobardi on July 27 to press charges against them if they did not cease work-
ing for Twin County; (5) McElligott's threat to a private trucker on July 27 that
McElligott would bring charges against him if he made deliveries to Acme; (6)
Cody's threat to Joseph Muratore on July 28 to make it tough on Twin County if
it did not shut down; (7) Cody's threat on July 31 to Spilabotte of De Santis Con-
struction to picket at the construction site if he continued to use concrete and the sub-
sequent picketing of the construction site; (8) the pickets' assault on Joseph Muratore
on July 14; (9) the pickets or persons who acted with pickets at the picket line
jeopardizing a Schwerman truck driven by Kells on August 14; (10) the pickets'
threats of violence, threat to lift a driver's union book, engaging in truck-following,
involving an unnamed Chemical driver, Chemical driver Smith, and Schwerman
driver Steigerwalt, on or about August 4 and 15; (11) the pickets or persons who
acted with pickets on August 16, damaging a Schwerman truck driven by Schmidt,
by the same act committing an assault upon Schmidt, and also threatening Schmidt
with further violence; (12) the pickets or persons who acted with pickets on Au-
PHILANZ OLDSMOBILE, INC. 867
gust 24 , damaging a Twin County truck driven by Bociek and in the same incident
injuring Bociek; (13) blocking Twin County and Acme entrances at various times
between July 28 and August 25; and (14) picketing the Twin County and Acme
premises between July 28 and August 25 .5
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above, occurring in con-
nection with the operations of the employers described in section I, above, and the
employers described in section III, above, involve an industry affecting commerce,
and 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 obstruct-
ing commerce and the free flow thereof.
V. THE REMEDY
Having found that the Respondent violated Section 8(b)(4)(i ) and (ii)(B) of
the Act, it will be recommended that the Respondent cease and desist therefrom and
take certain affirmative action designed to effectuate the policies of the Act. In
view of the widespread course of the conduct engaged in by the Respondent, it will
be recommended that the Respondent also cease and desist from in any other manner
violating the affected provisions of the Act.
Upon the basis of the foregoing findings of fact, and upon the entire record in the
case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. The persons named in section I are employers within the meaning of Section
2(2) of the Act.
2. The Respondent is a labor organization within the meaning of Section 2(5) of
the Act.
3. By inducing and encouraging and by threatening, coercing, or restraining by
the conduct enumerated in the section above entitled "The conclusions," for the pro-
scribed object there set forth, the Respondent has engaged in unfair labor practices
within the meaning of Section 8(b)(4)(i) and (ii) (B) of the Act.
4. The aforesaid unfair labor practices affect commerce within the meaning of
Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
6 No findings adverse to the Teamsters are based upon the Sohl and Dionne incidents of
July 31 ; the Bartholomew incident of August 14; and the Michael Incident of August 18,
as the General Counsel has failed to establish responsibility on the part of the Teamsters
for these events Also , McElligott 's statement concerning a grievance to Taylor of ABG
Construction on July 28 as shown by the subsequent events appears to be within the con-
-cept of persuasion and accordingly no adverse findings are based upon this incident.
Philanz Oldsmobile , Inc. and International Union , United Auto-
mobile, Aircraft and Agricultural Implement Workers of
America, AFL-CIO. Case No. 3-CA-1613. June 26, 196w
DECISION AND ORDER
On December 12, 1961, Trial Examiner William F. Scharnikow is-
sued his Intermediate Report in this case, finding that the Respondent
had not engaged in the unfair labor practices alleged in the complaint
and recommending that the complaint be dismissed, as set forth in the
Intermediate Report attached hereto. Thereafter, the Charging Party
and the General Counsel filed exceptions and supporting briefs.
137 NLRB No. 103.