Local 379, IBW

National Labor Relations Board - Board Decisions

Apr 22, 1969

175 N.L.R.B. 459 (N.L.R.B. 1969)

LOCAL 379, IBW
Local 379, Building Material & Excavators, a/w
International Brotherhood of Teamsters,
Chauffeurs , Warehousemen & Helpers of America
and Catalano Bros., Inc.
Local 379 , Building Material & Excavators, a/w
International Brotherhood of Teamsters,
Chauffeurs , Warehousemen & Helpers of America
and United States Gypsum Company
Local 379, Building Material & Excavators, a/w
International Brotherhood of Teamsters,
Chauffeurs , Warehousemen & Helpers of America
and Catalano Bros., Inc. Cases 1-CB-1305,
1-CC-650, and 1-CC-651
April 22, 1969
DECISION AND ORDER
On July 11, 1968, Trial Examiner James V.
Constantine issued his Decision in the above-entitled
proceeding, finding that the Respondent had
engaged in certain unfair labor practices and
recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in
the attached Trial Examiner's Decision. The Trial
Examiner also found that the Respondent had not
engaged in certain other unfair labor practices
alleged in the complaint and recommended that the
complaint be dismissed as to them. Thereafter, the
Respondent filed exceptions to the Trial Examiner's
Decision and a brief in support thereof. The General
Counsel and Charging Party, United States Gypsum
Company, filed briefs in support of the Trial
Examiner's Decision and the latter, in addition, filed
an answering brief.
The National Labor Relations 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 Trial Examiner's Decision,
the exceptions and briefs, and the entire record in
this case, and hereby adopts the Trial Examiner's
findings,' conclusions, and recommendations only to
the extent consistent herewith.'
The question presented by this case is whether the
Respondent violated Section 8(b)(1)(A) and
8(b)(4)(i) and (ii)(B) of the National Labor
Relations Act, as amended, in the conduct of its
strike against Catalano Bros., Inc.
The Respondent has excepted to certain credibility resolutions made by
the Trial Examiner It is the Board's established policy not to overrule a
Trial Examiner ' s resolutions as to credibility unless the clear
preponderance of all the relevant evidence convinces us that they are
incorrect Such a conclusion is not warranted here Standard Dry Wall
Products, Inc , 91 NLRB 544, enfd 188 F 2d 362 (C A 3)
'The Respondent 's request for oral argument is hereby denied as, in our
opinion, the record, including the exceptions and briefs, adequately
presents the issues and the positions of the parties
459
United States Gypsum Company (herein called
Gypsum) operates a plant on Terminal Street in
Charlestown, Massachusetts, where it is engaged in
the manufacture and sale of gypsum board and
related gypsum products. These products are
delivered to Gypsum's customers in the Boston area
principally by Catalano Bros., Inc. (herein called
Catalano), a motor freight carrier having a garage
on Warren Street in Charlestown, Massachusetts.
Catalano, which owns and operates its own trucks
and equipment, is engaged in the Boston area
exclusively as a contract carrier for Gypsum, and its
drivers are represented by the Respondent (herein
also called Local 379). In addition to its garage on
Warren Street, Catalano also maintains parking and
storage facilities on Terminal Street, in an area
adjoining Gypsum's plant. Terminal Street is the
only road leading to the Gypsum plant and a single
gate leads to both Gypsum's and Catalano's
facilities. All trucks entering or leaving the Gypsum
plant must do so via Terminal Street.
In connection with a labor dispute between
Respondent and Catalano, the Respondent
commenced picketing at Catalano's Warren Street
garage during the early hours of September 18,
1967.' Later that morning, after Catalano's trucks
had been removed from the Warren Street garage,
picketing at that location ceased and a new picket
line was formed, with some 15 to 20 striking
Catalano drivers participating, on Terminal Street
adjacent to the entrance to Gypsum's property. The
pickets carried signs and placards advertising that
Local 379 was on strike against Catalano.
When Gypsum learned of this strike, it
immediately called several other trucking
companies, including Quinn Freight Lines, Inc.
(herein called Quinn), and arranged for them to
handle its Boston area deliveries. Pursuant to these
calls, Quinn dispatched several trucks to Gypsum's
plant beginning September 18. On that day, and for
a few days thereafter, the Quinn trucks arriving on
Terminal Street were stopped at the picket line by
the striking Catalano drivers. In addition, strikers
followed Catalano trucks to the premises of various
Gypsum customers and picketed while the trucks
were present. It was during the first week of the
strike that the Respondent engaged in the conduct
found by the Trial Examiner to be violative of
Section 8(b)(1)(A) and Section 8(b)(4)(i) and (ii)(B)
of the Act.
1. The Trial Examiner found, and we agree, that
Gypsum and Catalano were not "allies" for
purposes of the latter's labor dispute with
Respondent Local 379. Rather, the facts, as fully set
forth by the Trial Examiner, establish that Gypsum
was a neutral secondary employer doing business
with Catalano and that Catalano, acting as an
independent contractor, was the sole primary
employer in the instant labor dispute with Local
'Unless otherwise indicated, all dates are in 1967
175 NLRB No. 74
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
379.° We also agree with the Trial Examiner that
neither Gypsum's products nor the delivery thereof
by neutral employers engaged by Gypsum to replace
Catalano during the strike constituted "struck
work." We have previously held that, "[in] the
absence of any arrangement [for performance of the
struck work] between the struck [primary] and the
secondary employers, the work previously performed
by the struck employer may not be interfered with
even though the secondary employees are
performing a service which, but for the dispute,
would customarily be performed by the employees
of the struck employer."5 This principle is applicable
here.
2. Like the Trial Examiner, we find that the
Respondent, by engaging in mass picketing at
Catalano's Warren Street garage on the morning of
September 186 and at the Terminal Street entrance
to the Catalano and Gypsum premises on that day
and during a few days thereafter, violated Section
8(b)(1)(A) of the Act.' Such conduct, which
physically blocks the movement of traffic and
prevents vehicles or individuals from entering or
leaving the site of the primary dispute, constitutes
restraint and coercion which is proscribed by that
section. In addition, we agree with the Trial
Examiner's conclusions and his reasons therefor,
that Local 379 unlawfully restrained and coerced
employees in violation of Section 8(b)(1)(A) by the
following conduct on the Terminal Street picketline:
(1) instructing pickets to stop trucks of neutral
employers and telling the pickets that such trucks
"are not going in" to Gypsum's premises; (2)
threatening Quinn employees Harris and Leclair
with physical harm and damage to their trucks and
cargo if they tried to enter the Gypsum plant and
pick up a load;' (3) cutting the ropes and bags on a
Quinn truck driven by Quinn driver Leclair; and (4)
tearing the canvas covers on Catalano trucks.
3. The Trial Examiner also found, and for the
reasons set forth in his Decision we agree, that the
Respondent violated Section 8(b)(4)(i) and (ii)(B) of
the Act by its picketing of the Gypsum plant on
Terminal Street and its threats to and interference
with neutral employees going to Gypsum.9 Thus,
'Milk Drivers and Dairy Employees Local Union No 584 , International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America (Old Dutch Farms, Inc), 146 NLRB 509, enfd 341 F 2d 29
(C A 2), Local 282, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America (Acme Concrete & Supply Corp ).
137 NLRB 1321, 1323-24
'Cf Truck Drivers Union Local No 413, International Brotherhood of
Teamsters , etc (Patton Warehouse , Inc ), 140 NLRB 1474, 1483, enfd. in
pertinent part 334 F 2d 539 (C A D C )
'Contrary to the Respondent ' s contention , the mass picketing at
Catalano's Warren Street garage on the morning of September 18 may
properly be the subject of an unfair labor practice finding herein, as the
complaint alleged similar conduct on Terminal Street on that date and the
facts relating to the Warren Street picketing were fully litigated at the
hearing
'Teamsters Local 536, International Brotherhood of Teamsters , etc (The
Connecticut Foundry Company), 165 NLRB No 133 (TXD), International
Longshoremen 's and Warehousemen 's Union Local No 6 ( Eureka
Chemical Company), 164 NLRB No 161, fn 3
'Ibid
although the Respondent picketed at that location,
which is the entrance to Catalano's premises as well
as to the Gypsum plant, with picket signs disclosing
that the dispute was with Catalano,'" it is clear from
the Respondent's conduct that it was seeking, at
least in part, to induce and encourage employees of
neutral secondary employers to refuse to perform
services for their employers on Gypsum's property
in order to compel Gypsum to cease doing business
with Catalano. The situation here cannot be equated
with one in which noncoercive appeals to honor a
primary picket line are directed to neutral
employees entering the premises of the primary
employer." Rather, the facts present an obvious case
of common situs picketing in which the objective is
to interfere with the secondary employer's
operations by preventing services to it by other
neutral companies in order to put pressure on the
employer with whom the union has its dispute.' i
4. In addition to the picket-line conduct on
Terminal Street, the Trial Examiner found that the
Respondent violated Section 8(b)(4)(i) and (ii)(B) by
picketing at the premises of Gypsum's customers
Pirolli, Barney and Carey, Ace, Waldo, and
McGinn " The picketing at these sites occurred only
at times when Catalano trucks were on the premises
and Respondent used picket signs which properly
identified Catalano as the primary employer. The
Trial Examiner reasoned that the identification of
Catalano on the signs did not defeat the General
Counsel's case because the signs appealed to the
employees of neutrals to refuse to unload Gypsum's
products from Catalano trucks when Gypsum was
also a neutral. In addition to picketing, however, on
some occasions the Respondent also requested
neutral employees not to unload Catalano's trucks,
and the Trial Examiner found that such requests
were unlawful under Section 8(b)(4)(i)(B).
Contrary to the Trial Examiner, we do not find
that the Respondent violated the Act by picketing at
premises of neutral employers at times when the
primary employer's trucks were present It is
apparent that the trucks constituted a roving situs
'The Trial Examiner concluded that the Respondent engaged in restraint
and coercion violative of Section 8 (b)(4)(ii)(B ) by the statement of Business
Agent Burke to the pickets that the trucks were not going through the
picket line to Gypsum 's plant We have adopted supra the Trial
Examiner ' s holding that by this statement the Respondent violated Section
8(b)(1)(A) and indicated its concurrence in, or adoption of, the pickets'
interference with neutral employees seeking to enter the Gypsum premises
However, this comment was directed to pickets, and even if it was
overheard by Gypsum' s works manager, we see no basis for finding that it
constituted a separate violation of Section 8(b)(4)(u)(B) In any event, such
a finding would not affect the scope of our remedial order
"Sailors' Union of the Pacific, AFL (Moore Dry Dock Company). 92
NLRB 547
"International Rice Milling Co, Inc , et al v N L R B. 341 U S 665,
672-673
"See, e g , International Brotherhood of Boilermakers, Iron Ship
Builders , Blacksmiths , Forgers and Helpers, Local No 193 ( Combustion
Associates, Inc ), 144 NLRB 1206, 1208 , and compare 1209-10
"In the Remedy section of his Decision the Trial Examiner states that
he finds that Respondent engaged in a secondary boycott against Catalano
and Gypsum This is patently in error to the extent it might be construed
to mean that action against Catalano was secondary , since the dispute was
with Catalano itself
LOCAL 379, IBW
and that in picketing those trucks at the various
premises with signs clearly identifying Catalano as
the primary employer, the Respondent was engaging
in lawful primary picketing. It is well settled that
such picketing is permissible and the union has a
legitimate interest in so publicizing its dispute,
where the primary employer's principal work situs is
away from its terminal and the picketing meets
Moore Dry Dock conditions.'' It is not contended
that the Respondent did not satisfy the Moore Dry
Dock requirements. And although the Board
presumes the legality of primary picketing which
complies with those standards, this presumption is
rebuttable by affirmative evidence showing unlawful
motive.' S There is no such evidence here.
The five incidents found unlawful by the Trial
Examiner are as follows:
(1) Picketing at Pirolli on September 20 while a
Catalano truck was delivering Gypsum products.
There is no evidence to show oral inducement of
Pirolli's employees or threats to Pirolli.
(2) Picketing at Barney and Carey on September
20 and 22, asking Barney and Carey's foreman not
to unload a Catalano truck, and the steward's
stating that he could not unload the cargo.
However, since the picketing was lawful ambulatory
picketing, we are of the view that the request to the
supervisor, although low in the hierarchy and an
"individual" under the Act, and the "instruction" to
the steward, if such it was, amounted to no more
than lawful requests to honor a primary picket line.
In any event, there is insufficient evidence upon
which to conclude that such an instruction was given
to the steward. Further, it does not appear from the
testimony that the requests mentioned the Gypsum
products but only asked refusal to unload the truck.
Accordingly, we find no basis for concluding that
the Respondent was seeking to interfere with
dealings between the neutrals, although that was
undoubtedly the incidental effect of the action.16
(3) Picketing at Ace during September while
Catalano trucks were delivering Gypsum products.
(4) Picketing at Waldo's Boston yard on
September 22 while a Catalano truck was present.
Although the Trial Examiner refers to conversations
of Respondent's business agent with the yard
manager and with an employee in connection with
the picketing, they occurred at Waldo's Roslindale
yard 2 days earlier and were unrelated to the
picketing at Boston. The picketing itself was
primary picketing and not unlawful, for the reasons
set forth above. And the conversations at the
Roslindale yard with the employee and with the
yard manager were isolated, being the only incidents
of this type away from the Gypsum plant which we
"Sailors' Union of the Pacific, AFL (Moore Dry Dock Company),
supra
"Truck Drivers and Helpers Local Union No 728, IBT (Brown
Transport Corp ), 144 NLRB 590, 593, International Brotherhood of
Electrical Workers, etc (Plauche Electric, Inc ), 135 NLRB 250.
"International Rice Milling Co , Inc , et a! v N L R B , supra
461
might find unlawful, and they cannot affect the
remedy.
(5) Picketing McGinn on September 18 or 19
while a Catalano truck was present.
Inasmuch as the events at Pirolli, Ace, Waldo in
Boston, and McGinn involved picketing during the
periods when Catalano trucks were present, we find,
for the reasons set forth above, that the picketing
was not violative of either subparagraph (i) or (ii).
We have indicated above the reasons why we do not
find the conduct at Barney and Carey violative of
the Act and the reason no finding is required
concerning the conversations with the employee and
the yard manager at Waldo in Roslindale.
Accordingly, we shall dismiss the complaint insofar
as it alleged that these events were unlawful.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Local 379, Building Material & Excavators, a/w
International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America,
its officers, agents, and respresentatives, shall take
the following action:
1. Cease and desist from:
(a) Restraining or coercing employees of Catalano
Bros., Inc., or of any other employer, by mass
picketing, threats of physical harm or damage to
property, or damaging vehicles and cargo in order
to compel them to honor Respondent's picket line
established at Catalano's premises in connection
with Respondent's dispute with the said company.
(b) Inducing or encouraging employees of United
States Gypsum Company, Quinn Freight Lines,
Inc., or any other person (other than Catalano
Bros., Inc.), to refuse to perform services for their
employer in order to force or require United States
Gypsum Company, Quinn Freight Lines, Inc., or
any other person, to cease doing business with
Catalano Bros., Inc.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Post in conspicuous places in its business
office and meeting place or places copies of the
attached Notice marked "Appendix."" Copies of
said Notice, on forms provided by the Regional
Director for Region 1, after being signed by an
authorized representative of Respondent, shall be
posted by the Respondent immediately upon receipt
thereof, and be maintained by it for 60 consecutive
days thereafter, in conspicuous places, including all
places where notices to members are customarily
posted. Reasonable steps shall be taken by the
Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
"In the event 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
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Mail to the Regional Director for Region 1
copies of the aforementioned Notice, signed as
indicated, for posting by Catalano Bros., Inc.,
United States Gypsum Company, and Quinn
Freight Lines , Inc., the Employers willing, in places
where notices to employees are customarily posted.
Copies of said Notice, to be furnished by the
Regional Director , shall, after being signed by the
Respondent, be forthwith returned to the Regional
Director for such posting.
(c) Notify the Regional Director for Region 1, in
writing, within 10 days from the date of this Order,
what steps have been taken to comply herewith.
IT IS FURTHER ORDERED that the complaint be,
and it hereby is, dismissed insofar as it alleges
unfair labor practices not found herein.
APPENDIX
NOTICE TO ALL MEMBERS OF LOCAL 379, BUILDING
MATERIAL & EXCAVATORS, A/W INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN & HELPERS OF AMERICA
Pursuant to the 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 restrain or coerce employees of
Catalano Bros., Inc., or of any other employer, by
mass picketing , threatening physical harm or damage to
property , damaging vehicles and cargo in order to
compel such employees to honor our picket line
established at Catalano ' s premises in connection with
our dispute with the said company
WE WILL NOT induce or encourage employees of
United States Gypsum Company, Quinn Freight Lines,
Inc , or any other person (other than Catalano Bros.,
Inc.), to refuse to perform services for their employer in
order to force or require United States Gypsum
Company, Quinn Freight Lines, Inc , or any other
person , to cease doing business with Catalano Bros.,
Inc.
LOCAL 379, BUILDING
MATERIAL &
EXCAVATORS, A/W
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN &
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.
If members have any question concerning this notice or
compliance with its provisions , they may communicate
directly with the Board ' s Regional Office, 20th Floor,
John F. Kennedy Federal Building , Cambridge & New
Sudbury Streets , Boston , Massachusetts 02203, Telephone
617-223-3300
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
JAMES V. CONSTANTINE, Trial Examiner: This is an
unfair labor practice case under 29 U.S.C. 160(b)
consisting of three separate charges which were
consolidated into one case for the purpose of trial. The
charge in Case 1-CB-1305 was filed on September 20,
1967, by Catalano Bros., Inc., against Local 379, the
Respondent herein . In Case 1-CC-651, another charge was
filed by said Catalano Bros., Inc., on September 26, 1967,
against said Respondent , Local 379. On September 26,
1967, United States Gypsum Company filed the charge in
Case 1-CC-650 against said Respondent , Local 379.
Said three cases were consolidated on October 16, 1967,
for hearing . On that same date a complaint pursuant to
Section 10(b) of the National Labor Relations Act (29
U.S C. 160(b)) was issued, based on said charges, against
Respondent , Local 379, by the General Counsel of the
National Labor Relations Board , through the Acting
Regional Director for the First Region (Boston,
Massachusetts ), on behalf of the Board . In substance said
complaint alleges that Local 379 has engaged in conduct
contravening Sections 8(b)(1)(A) and 8(b)(4)(i) and
(ii)(B), and that such conduct affects commerce within the
meaning of Section 2(6) and (7), of the Act. Respondent,
Local 379 has answered admitting some facts but putting
in issue the commission of any unfair labor practices
Pursuant to due notice the consolidated case came on
to be heard, and was heard on May 7, 8, and 9, 1968, at
Boston, Massachusetts . All parties except Catalano Bros.,
Inc., were represented at and participated in the trial, and
were granted full opportunity to adduce evidence , examine
and cross-examine witnesses , submit briefs, and present
oral argument . Briefs have been received from all parties
except Catalano Bros., Inc. Respondent also argued
orally
A motion to dismiss by Respondent , Local 379 was
denied at the hearing . Its motion to sever was also denied.
Upon the entire record in this case , and from my
observation of the witnesses , I make the following:
FINDINGS OF FACT
1. AS TO JURISDICTION
Catalano Bros., Inc., a Massachusetts corporation, is
engaged at Charlestown, Massachusetts, as a contract
carrier of gypsum products . Annually it performs
transportation services valued in excess of $50 ,000 for
United States Gypsum Company The latter company, a
manufacturer and distributor of gypsum board and related
plaster products at Charlestown , Massachusetts , annually
receives goods and materials valued in excess of $50,000
directly from points outside the Commonwealth of
Massachusetts. I find that Catalano Bros., and United
States Gypsum Company each is engaged in commerce
within the meaning of Section 2(6) and (7) of the Act, and
that it will effectuate the policies of the Act to assert
jurisdiction over this proceeding.
If material , I find that the following persons are also
engaged in commerce within the meaning of Section 2(6)
and (7) of the Act: Barney and Carey Company; Waldo
Brothers Company; F. D. McGinn , Inc ; and Quinn
Freight Lines, Inc.
LOCAL 379, IBW 463
II. THE LABOR ORGANIZATION INVOLVED
Local 379, Building Material & Excavators, a/w
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, herein called Local
379 or the Union, is a labor organization within the
meaning of Section 2(5) of the Act.
III THE UNFAIR LABOR PRACTICES
This case presents the following issues:
(a) Whether Local 379 restrained and coerced
employees of specified employers in the exercise of rights
guaranteed to such employees in Section 7 of the Act.
(b) Whether Local 379 induced and encouraged
individuals employed by specified persons to engage in a
stnke or refusal to work where an object thereof is (1) to
force or require such employers to cease doing business
with Catalano Bros., Inc., and (2) to force or require
persons other than Catalano Bros., Inc., to cease doing
business with United States Gypsum Company in order to
force or require Gypsum to cease doing business with
Catalano.
(c) Whether Local 379 threatened, coerced, and
restrained certain persons where an object thereof is (1) to
force or require such persons to cease doing business with
Catalano, and (2) to force or require persons other than
Catalano to cease doing business with Gypsum in order to
force or require Gypsum to cease doing business with
Catalano
A. The General Counsel 's Evidence
1 Vincent B. Corley's testimony
Gypsum's Charlestown, Massachusetts, plant (herein
called its Boston plant) serves the New England market
with gypsum and gypsum products. Although its principal
carrier since about 1925 in delivering to the Boston,
Massachusetts, market is and has been Catalano Bros.,
Inc., which transports by motor truck, Gypsum had used
Quinn Freight Lines, Inc., for a short period of time in
the early summer of 1967.
About September 18, 1967,' Local 379 commenced a
strike against Catalano Bros., Inc. Gypsum, which has no
labor dispute with Local 379, learned of this strike at
about 5 a m. the same day. Later that day Gypsum's
manager of transportation and distribution, Vincent B.
Corley, observed a number of striking Catalano drivers
grouped on Terminal Street about 2 or 3 hundred feet
from Gypsum's Boston plant entrance and carrying
"sandwich signs" and placards indicating that "Local 379
was on strike against Catalano Bros " I find this
constitutes picketing by Local 379 In order to reach this
plant's entrance, to which there is but one approach, it is
necessary to come down Terminal Street. Shortly
thereafter, Corley requested Quinn Freight Lines, Inc., of
nearby Framingham, Massachusetts, to send two trucks to
Gypsum's Boston plant.
Quinn dispatched two trucks to Gypsum's plant then
and six more later in the day. Corley also asked for, and
there were sent to the Boston plant, two trucks from
Nelson Freight Ways. (Nelson is not mentioned in the
complaint.) When Quinn's and Nelson's trucks came
down Terminal Street, they stopped and their drivers
'Except where otherwise noted , all dates hereafter mentioned refer to
1967
talked to the pickets. Then the trucks turned around and
left by way of Terminal Street.
On about September 19, Corley observed the pickets of
Local 379 stop three Quinn trucks approaching on
Terminal Street, towards Gypsum's plant. The pickets
walked in a circle in front of the first Quinn truck. At
that time a Catalano truck was leaving the plant with a
load of material. But when it entered Terminal Street, the
pickets walked in a circle in front of the Quinn truck
Since the pickets marched without much room between
them, they blocked the Quinn trucks' further advance as
well as the progress of the Catalano truck. At the same
time the driver of the lead Quinn truck sought to inch it
forward but with very little success because some pickets
were "congregated" in front of the truck while others
leaned against its bumper. Thereupon the driver stepped
out of his vehicle and spoke to the pickets, informing
them that he was not on strike and that he was operating
his own equipment.
Soon two policemen arrived at the scene. By "moving
the pickets" the police made it possible for the Catalano
truck to leave, and the three Quinn trucks to enter,
Gypsum's Boston plant.
On September 20 Corley ordered more trucks from
Quinn and also from Nelson Freight Ways. Such trucks
did arrive at Gypsum's plant on that day. Other carriers
also used by Gypsum during the strike are Lippa
Transportation, Dumenks, Brine, O. B. Hill, as well as
Catalano Bros
On September 18, 19, and 20, all trucks, except those
mentioned above, servicing Gypsum's plant were able to
enter and leave the approach to the plant without being
hindered by the pickets, notwithstanding that picketing
continued during this time.
2. The testimony of Quinn's truckdrivers
David Arieta is a truckdriver for Quinn Freight Lines,
Inc. On September 18 he was dispatched by Quinn to
Gypsum's Boston plant. He arrived there between 9 and
10 a.m As he neared Terminal Street, Arieta observed
about 15 employees of Catalano picketing between him
and the plant. As he drove towards the plant on Terminal
Street, he stopped at the picket line where he ascertained
"what was going on." The pickets carried signs bearing
the legend that Local 379 was striking Catalano Bros.
Replying to the pickets Arieta told them he was doing his
duty in proceeding to Gypsum's plant. Thereupon the
pickets "lay themselves around" his truck and would not
allow him to go through.
Soon Arieta's superior arrived and directed him to go
to the Boston plant. Nevertheless, the pickets "mauled in
front of the truck" so that for about 15 minutes, Arieta
was unable to go forward Then police arrived and cleared
the way, so that Arieta advanced without further difficulty
and entered the plant premises. Three other Quinn trucks
following him also entered these premises. After his truck
was loaded Arieta left the plant without incident. During
this time some Catalano trucks arrived at and departed
from Gypsum's plant. After this Arieta continued to drive
his truck to the Gypsum plant twice a day for about 3
months without being stopped by the pickets.
Another Quinn driver, Robert L. Harris, drove one of
Quinn's trucks on September 18 to the plant. Harris also
was stopped by the pickets on Terminal Street, at about 9
or 10 a.m. There were 15 or more pickets there. When
Harris came to a halt, the pickets told him that they were
on strike against Catalano Bros., that he was "taking
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their work," and asked him if he was going to respect
their picket line He responded by saying that he was
dispatched to haul a load for Gypsum and not for
Catalano Bros. When Harris asked them if they were
striking Gypsum, they replied in the negative. Then Harris
entered the plant, loaded, and went away Harris returned
again that evening and was able to proceed in and out of
the plant, although the pickets, who were still there,
asked, "Are you here again9"
Harris returned to Gypsum's plant on September 19 at
about 6 30 p m., the third in line behind Quinn trucks
operated by Arieta and Edward Knapik. Detecting an ice
pick in one of Knapik's tires, Harris pulled it out. One of
the pickets told Harris that, if Harris entered Gypsum's
premises, Harris "wouldn't leave the City of Boston and
that tires cost a lot of money " When Harris asked if he
was being threatened, the picket replied in the affirmative.
Aneta, who was standing in the immediate vicinity,
overheard the picket's foregoing statements to Harris
Proceeding no further Harris waited until his superior,
Pete Coumounduros, arrived at the scene Soon thereafter
Harris entered the Boston plant, loaded, and left the area
That night (September 19), Harris made another trip to
the plant. Although pickets were present on Terminal
Street, Harris went into the plant without any difficulty.
However, on leaving the plant shortly after midnight
Harris was stopped by a picket who told him "Tires cost
a lot of money."
Then Harris left (about 12 30 a.m. on September 20),
and headed for the Massachusetts turnpike via the
Expressway. As he entered the turnpike another Quinn
driver following Harris from the Gypsum plant, Charlie
Leclair, passed Harris with a load of gypsum Observing
that the ropes upholding a plastic covering on Leclair's
truck had been cut, Harris signalled Leclair to pull over.
When Leclair stopped he and Harris noticed that all the
ropes on Leclair's said covering had been cut and the bags
in the load had all been sliced
Still another driver for Quinn Freight Lines, Inc , is
Charles Leclair His testimony follows. On Monday,
September 18, Leclair was dispatched to Gypsum's Boston
plant located in Charlestown, Massachusetts. As he
arrived at the plant, behind Quinn driver Robert Harris,
at about noon, Leclair observed 20 or 30 pickets and some
signs close by bearing the legend that Local 379
(erroneously called Local 369 at p. 76 of the transcript)
was striking Catalano Bros Harris stopped and then
started to go through. But the pickets stopped Leclair by
stepping in front of his truck. They told him they were on
strike and that he should respect their picket line. When
Leclair answered that he had been dispatched by Quinn,
the pickets said to him that he should not load his truck
but suggested that he call Quinn's dispatcher Thereupon,
Leclair called Jones, his dispatcher Following this call
Leclair loaded his truck and started to leave the plant.
Nevertheless, he could not proceed because the pickets
"were all across the gate." Very shortly thereafter, Leclair
left the plant after the way was cleared by an automobile
driven by Gypsum personnel.
On the following evening, September 19, Leclair went
to Gypsum's plant to pick up another load. Fifteen or
twenty persons were picketing the plant with the same
signs This time he entered it without incident, although
he spoke to the pickets. They told him they "had no gripe
at all with Quinn." He found Quinn driver Harris loading
at the plant. Harris left first shortly after midnight
Leclair followed Harris with a load But the pickets
blocked Leclair's egress. They also told him that tires
were expensive, that they were "going to break the glass,"
that Leclair "would not get out of Boston with the load,"
that "we got your number plates," and "we'll find out
where you live." After about 15 minutes the pickets
allowed Leclair to leave, one of them remarking at the
time that Leclair "won't get out of town with the load
anyway."
Leclair then took off for the expressway. While on it
Leclair noticed that some truck ropes were cut, some bags
in the cargo were coming out, and the plastic covering on
the cargo was dragging. Soon he overtook Harris, who
had waited for him After the two examined the damage
to the contents of Leclair's truck, Leclair moved it to a
close by toll station where he was able to park it.
Another Quinn driver is Francis N. Woodman. On
October 17, he was dispatched to the Gypsum plant
Picketing was being conducted at the time While he was
engaged in conversation with Maynard Thoits, John
Bodge, and Richard Pesce, at about 11:30 p.m just
outside Gypsum's premises, a stranger with a shotgun
asked the group who owned two trucks parked close by.
Said four were talking while waiting for their trucks to be
loaded. Thoits and Bodge thereupon "took off running,"
but Woodman and Pesce answered that the trucks
"belonged to the two guys that just left " However, the
words "Quinn Freight Lines" appeared on the doors of
the trucks
Then the stranger said that if those two trucks moved
the next morning "someone's going to be a dead duck "
At this Woodman and Pesce walked into Gypsum's
building. Not long after they heard three shots fired. One
of the shots struck and damaged Thoits' truck on the
driver's side. Soon police arrived, having been called by
Thoits and Bodge. Woodman drove away with his load at
about 5 p m., on October 18. Prior to this, but during the
strike, Woodman had entered and left Gypsum's plant
once or twice a day without incident.
Richard F. Pesce and Maynard Thoits, two other
Quinn drivers, gave testimony confirming Woodman's
version of the foregoing events on October 17. Pesce also
testified that an unidentified man carrying a pistol stated
that the man carrying the shotgun "is not kidding "
However, Thoits testified that he heard two, instead of
three shots, and that, following the shots, he also observed
that two of the truck's tires became flat.
Peter Coumounduros is New England manager of
Quinn's Special Commodity Division. When he visited
Gypsum's Boston plant on September 19, he observed a
picket line there. He also noticed trucks operated by
Quinn drivers Arieta, Knapik, and Chaussee "pulled over
to one side " This caused Coumounduros to ask the
pickets whether they had a dispute with Catalano or
Gypsum and whether they objected if Quinn's trucks
entered the plant. They replied they had no objection and
that their dispute was "against" Catalano.
Thereupon, Coumounduros told Arieta to proceed into
Gypsum's premises. In the meantime Knapik suffered a
flat tire. Something like an ice pick stuck into the tire
When Coumounduros accused the pickets of causing this
flat tire and demanded that it be repaired, they said
nothing, although they did fix it. Then when Arieta
started to move he was physically blocked by pickets who
congregated in front of his truck. Local 379
Representatives Pasquale and Burke were in the
immediate area. Later, when police arrived, Arieta
managed to get through to Gypsum's plant. Because the
pickets were under the impression that Quinn was
performing Catalano's work, Coumounduros instructed
LOCAL 379, IBW
his drivers in the presence of the pickets to show bills of
lading to prove to the pickets that they were carrying
products for Gypsum and not for Catalano.
At no time material did a labor dispute exist between
Quinn and Local 379.
Still another driver of Quinn Freight Lines, Inc., is
Edward Knapik . He testified as follows. Having been
dispatched by Quinn on September 18 to Gypsum's plant
he arrived there between 9 30 and 10 a.m. As he neared
the plant he observed 15 or 20 persons picketing. They
approached him and asked him to respect their picket
line This request caused him to call the Quinn office. As
a result of that call he left without obtaining a load at the
plant.
Knapik was scheduled to pick up a load at the Gypsum
plant the next day, September 19 Another Quinn truck,
driven by Arieta, immediately preceded him, and another
operated by Archie Chaussee, followed him. A "bunch of
pickets stood around in front of" Arieta's truck , making it
impossible for it to advance Knapik also stopped. Soon
Quinn Supervisor Coumounduros arrived . The latter
explained to the pickets that the Quinn trucks were
engaged in lawful missions. This caused the pickets to
disperse so that Arieta and Knapik were able to enter the
plant.
After his truck stopped, Knapik descended from it to
listen to the talk between the pickets and Arieta. As he
returned to the truck , he observed a steel shaft resembling
a pick without a handle sticking in his tire . Knapik then
blamed the pickets for inserting it in the tire, but they
denied doing so. However , the pickets removed the
damaged tire, repaired it, and replaced it on the truck's
wheel But a picket did say to him that a brick would be
thrown through Knapik ' s windshield
Soon thereafter Knapik loaded his truck at the plant
and left the vicinity He came back to the plant several
times after that without incident . In fact the pickets told
him on these subsequent trips that they had no gripe
against Quinn , that they were striking Catalano Bros , and
that he was free to enter and leave the plant. At the time
Knapik entered the Gypsum plant on September 19,
Catalano Bros.' trailers were parked at such premises.
3. Testimony relating to 0 B Hill Transportation
Co
O. B. Hill Transportation Co, of Natick,
Massachusetts , operates as a common carrier by truck
On September 26 Hill dispatched Charles Woodman, one
of its drivers, to Gypsum ' s Boston plant. Arriving there at
about 6 p.m , he entered the premises and loaded his
truck. As he pulled out to leave, four men in a car
beckoned Woodman to pull over So he did When these
four men asked him if he belonged to Local 379,
Woodman replied that he did . Then these men explained
they were on strike against Catalano Bros , and that they
would appreciate it if Woodman would honor their picket
line. Agreeing with them , Woodman went back to
Gypsum ' s plant and left the load there.
At about 1 p.m. the next day Woodman returned to
Gypsum 's plant , where he observed picketing taking place.
This time Woodman told the pickets that he was going to
pick up and deliver the load awaiting him at the plant
Thereupon the pickets "agreed to let [him] go" in, and he
did. Soon he went away with a load of Gypsum's
products
Another 0 B. Hill driver dispatched to the Gypsum
plant on September 26 is Robert Temple. He arrived there
465
at about 5 : 30 p.m . and loaded his truck . However, as he
started to leave four or five pickets in a car stopped him.
When he stopped the pickets came to him and, among
other things, asked him if he belonged to Local 379. Upon
answering that he did, the pickets requested him to respect
their picket line They also told him they were striking
against Catalano Bros. At this Temple, like Woodman,
returned to the plant and droppped the Gypsum load.
The next afternoon Temple came back to the plant He
told the pickets that the business agent of Local 379
sanctioned his going in to pick up a load to deliver for
Gypsum Then he picked up the load and delivered it to
the consignee . The picket signs he observed alleged that
Local 379 was on strike against Catalano Bros
4. Testimony relating to United States Gypsum
Company
At about 7 a.m on June 18, as a result of a telephone
call, Gypsum ' s works manager, James C. Fountas, went
to its plant. Upon ascertaining that Catalano drivers had
gone out on strike but that Catalano could handle 7 of 24
loads to be delivered that day, Fountas called Quinn
Freight Lines , Inc., and requested the latter to handle the
remaining 17 loads. That morning two Quinn trucks
arrived, one of which, driven by Quinn employee Knapik,
was detained for 15 or 20 minutes before entering
Gypsum's plant Knapik did not take out a load that day.
Further, according to Fountas, he observed on that day
that trucks (about seven or eight in all) of motor carriers
(other than those of Catalano) called to Gypsum's plant
were "flagged down" by the pickets who then spoke to
drivers. Soon thereafter such trucks turned around and
left without entering the Gypsum plant.
On September 19 Fountas again observed trucks of
carriers other than Catalano stopped by pickets as such
trucks sought to enter Gypsum's plant. Observing that
pickets were assembled in a mass in front of three Quinn
trucks in a manner blocking their further progress in
entering and preventing a Catalano truck from leaving,
Fountas was able to identify some of those so
congregated. They were Local 379 Steward Bob
McLaughlin , Business Agent Leo Burke, and striking
Catalano drivers. About 30 feet away Fountas saw
standing Local 379 President McMorrow Burke and
McLaughlin were directing the pickets to stop the ingress
of the Quinn trucks and the egress of the Catalano trucks.
Burke also told the pickets that " they [the trucks ] are not
going in ." Finally the Quinn trucks were able to enter
after a patrol car assisted them.
On September 20, George Catalano, dispatcher for
Catalano Bros., Inc , and Catalano driver Varricchio each
went to Gypsum 's plant where each picked up a load. On
his way out of the plant each was blocked by the pickets.
In addition , Catalano protested to Business Agent Burke
of Local 379 that pickets had torn the canvas covering the
loads and cut the ropes fastening the canvas to the trucks.
Burke replied , "This is a strike going on and this is only
baby stuff of what you got coming to you." Then,
addressing the pickets, Burke told them that "There won't
be any Christmas party, boys, after what happened to the
canvases this morning "
Then the two Catalano trucks proceeded to M J
Pirolli in nearby Watertown , Massachusetts , where they
were scheduled to deliver the load. Another car with three
striking Catalano drivers followed them. When the
Catalano trucks reached Pirolli's the three striking drivers
commenced picketing Pirolli on the latter ' s property.
466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Their signs asserted that Catalano Bros. was on strike
This picketing caused Pirolli's foreman to refuse to accept
the Gypsum shipment. Soon Pirolli arrived and ordered
the pickets off his property, but they refused because they
claimed it was "not private property. This is a runaway."
Soon police arrived who instructed the pickets to go "off
the property " Thereupon Pirolli's employees unloaded the
trucks.
When he returned to the Gypsum plant George
Catalano observed his nephew, David Andrew, driving out
of the Gypsum premises with a load Some pickets
stepped in front of David's truck and prevented him from
travelling any farther.
5. Events at Catalano Bros., Inc.
At about 4:45 a.m. on September 18, George Catalano,
dispatcher for Catalano Bros., Inc., observed two or three
of his drivers at Catalano's garage in Charlestown
accompanying Rico Pasquale, a business agent for Local
379, in picketing. Frank McMorrow, president of Local
379, was also present but did not picket. But he did tell
the strikers to "march." However, when Catalano drivers
tried to drive away from the garage, the pickets physically
blocked them by standing in their way. Eventually police
arrived to clear the road, thus making it possible for the
trucks to leave.
On September 21 dispatcher George Catalano again
went to Gypsum's plant He picked up a load to be
delivered to East Dedham Builders. He was followed by a
car one of whose occupants was Bob McLaughlin, the job
steward of Local 379 at Catalano. McLaughlin's car
would sometimes abruptly stop in front of a Catalano
truck causing the truck to "stop sharp " Then, when
Catalano arrived at East Dedham Builders, McLaughlin
asked "the owner" of said Builders not to unload the
Catalano truck because Catalano was on strike. This
request is not unlawful as the owner is not "an individual"
contemplated by the Act. Carolina Lumber Company, 130
NLRB 1438, 1443, S. M. Kisner and Sons, 131 NLRB
1196, 1202-03. As a result the truck was not unloaded
immediately, but it was about 2 hours later.
On September 21 or 22 George Catalano brought a
shipment of Gypsum's products to Barney and Carey
Company in East Milton, Massachusetts. When he arrived
there, Catalano strikers also arrived These strikers spoke
to the Barney and Carey foreman asking him not to
unload the truck because they were on strike When
Catalano talked to the Barney and Carey steward, the
latter replied that he could do nothing until he called
Frank McMorrow, president of Local 379. After calling
McMorrow the steward told Catalano, "I can't unload
this load. I was told not to unload this load." The steward
also repeated the substance of these words to Carey who,
in the meantime , had come to the scene and inquired of
the steward whether Carey's employees would remove the
products from the truck. Eventually the loaded truck
returned to Gypsum's plant without discharging its load.
About September 20 Paul P. Catalano, a dispatcher for
Catalano Bros ., Inc., drove a Catalano truck out of
Gypsum's property He was preceded by another Catalano
truck operated by his father. After the two trucks had
travelled about 100 yards on Terminal Street, they were
stopped by about 16 employee-strikers of Catalano who
were picketing in front of the father's truck. After the
father spoke to Leo Burke, a business agent for Local
379, that truck went on.
But the pickets stepped directly in front of Paul's truck,
so that he was impeded from further progress. Four or
five minutes later Paul was allowed to proceed; but,
because pickets walked along on each side of the truck,
Paul made headway at a slow pace. When Paul had gone
but another 100 yards he observed that the truck's canvas
and all the ropes attached to such canvas had been cut.
When Paul finally left the vicinity he was pursued as far
as his destination by a car whose occupants were striking
employees of Catalano Bros., Inc.
6. Events at Barney and Carey Company
About September 22 a Catalano truck arrived at
Barney and Carey Company, of East Milton,
Massachusetts, to deliver gypsum products. Barney sells
lumber and building materials at retail. As soon as the
truck arrived two Catalano strikers asked the foreman,
Morris Glavin, for permission to see Barney's job steward.
After these two strikers spoke to Albert Reid, the
steward, he told the foreman that he, the steward, could
not unload the truck. Then the steward made a telephone
call. Following this the steward told Glavin he, Reid, was
sorry that he could not unload the truck.
Soon Foreman Glavin called President Carey. When
Carey arrived he spoke first to Glavin and subsequently to
Steward Albert Reid, an employee of Barney and Carey
Company Although Carey told Reid to take the freight
from the truck, Reid replied that "We can't unload it, and
we won't unload it." No labor dispute existed at the time
between Local 379 and Barney and Carey Company.
Eventually, the truck went away without disposing of the
shipment
Later that day Carey telephoned Frank McMorrow,
president of Local 379, to complain that the conduct of
Carey's employees constituted an illegal work stoppage.
McMorrow replied that he was of a contrary opinion.
When Carey stated that he needed gypsum, McMorrow
replied that "there are other truckers that can get it to
you [naming them]. Our only argument right now is with
Catalano Bros."
7. Events at Ace Building Supply Company
Ace Building and Supply Company is located in
Chelsea, Massachusetts. At all times material no labor
dispute existed between it and Local 379 Ace purchases
gypsum products from United States Gypsum Company.
These are delivered to Ace by Catalano Bros ., Inc. About
September 19 Ace's president and treasurer, Samuel
Kaplan, was visited by Business Agents Rico Pasquale
and Leo Burke of Local 379. Informing Kaplan that
Local 379 was "in the process of a strike" at Catalano,
the two business agents "told" Kaplan not to buy U.S.
Gypsum materials but to buy it from National during the
strike "to avoid any incidents." They also requested
Kaplan not to allow Catalano's trucks to enter Ace's yard
and suggested that carriers other than Catalano deliver
Gypsum's products to Ace.
On one occasion in September during the strike, a
Catalano truck transporting Gypsum's products arrived at
Ace's premises. It was "accompanied" by Business Agent
Rico Pasquale of Local 379 in a car with some Catalano
striking employees. Although the strikers stayed outside
the gate and picketed, Pasquale spoke to Ace's employees
while the truck was parked in Ace's yard. The picket signs
alleged that Local 379 was striking Catalano Bros., Inc.
Thereafter, Ace's fork lift operator stated to Kaplan that
LOCAL 379, IBW
he refused to unload the truck "while the picket line was
there outside the gate." So Kaplan unloaded the truck
himself.
On subsequent occasions in September, Ace's
employees also refused to unload Catalano's trucks
bearing Gypsum ' s products after Pasquale had spoken to
them. On these occasions Kaplan also unloaded the trucks
himself. Picketing outside Ace's gate also took place
during the time that the Catalano trucks tarried at Ace's
property . These signs identified Catalano Bros., Inc., as
the employer whom Local 379 was striking.
8 Events at Waldo Brothers Company
Waldo Brothers Company, a Massachusetts
corporation , has a yard at Roslindale , Massachusetts,
where it sells building materials at retail. About
September 20 Business Agent Leo Burke of Local 379
came to the office at Waldo's yard where he spoke to
John McLintock, a Waldo employee Informing
McLintock that " there was some labor trouble between
Catalano and U. S. Gypsum," Burke told McLintock not
to unload any Catalano truck which arrived at "the job."
Then Burke told William McGinnis , the manager of
Waldo's yard, that he, Burke , had instructed those
employees of Waldo who belonged to Local 379 that
Catalano trucks would not be unloaded.
Replying to a question from McGinnis as to what
would happen if he, McGinnis , instructed his employees to
unload a Catalano truck , Burke turned to McLintock,
who was also present, and directed McLintock to tell
employees to "go homesick" if they were ordered to
unload any Catalano trucks. At that time no labor dispute
existed between Waldo and Local 379. Actually, no
Catalano truck made a delivery to Waldo on September
20.
Waldo also operates a yard at Boston , Massachusetts,
where Barry Colgan is a department manager. About
September 22 a Catalano truck arrived at this yard.
Picketing of the outside of the yard occurred at this time.
Picketing continued only while the Catalano truck
remained there The signs read that Local 379 was on
strike against Catalano Bros., Inc. Soon Barry Colgan
spoke to Waldo employee Ralph Hendricks , the Local 379
steward there, telling Hendricks to unload the truck Leo
Colgan , vice president and general manager of Waldo,
also told Hendricks to unload . Nevertheless , Hendricks
refused to do so. However , the Catalano driver finally
unloaded it . No dispute between Local 379 and Waldo
existed at this or its Roslindale yard at all times material.
9. Events at F. D. McGinn, Inc.
F. D. McGinn, Inc., is engaged at Cranston, Rhode
Island , in selling mason materials Its general manager is
Edwin C . McGinn . On about September 18 or 19 a
Catalano truck appeared at F. D . McGinn ' s premises.
Picketing of these premises quickly ensued . Thereupon,
Edwin telephoned Business Agent John Mancini of Local
251 of the Teamsters to come to F. D . McGinn's
premises . Mancini soon arrived and spoke to the driver of
the Catalano truck . Shortly thereafter the truck left
without unloading its cargo . No labor dispute existed
between its employees and F . D McGinn, Inc., at the
time.
467
B. Respondent 's Evidence
1. President Frank McMorrow ' s testimony
Respondent ' s president is Frank McMorrow. His
testimony follows. Beginning September 18 Local 379
struck Catalano Bros , Inc., for approximately 18 weeks.
In connection with the strike he set up and established a
picket line at Catalano ' s garage on Warren Street in
Charlestown only during the very early morning hours of
September 18. At no time while he was present was any
truck prevented from entering or leaving the premises.
About 15 to 18 persons picketed "up and down in front of
the garage."
Then the picketing "adjourned" to the public way
(Terminal Street ), at Gypsum' s plant. His instructions to
the pickets were that "our strike was with Catalano
Bros." Picket signs to that effect were distributed to the
pickets. Further, he advised the pickets they were to
inquire of trucks appearing at the locus of the picketing
whether such trucks were working for Catalano and, if
they were, to appeal to said trucks to support the strike.
At no time were these instructions disobeyed while he was
present at Gypsum' s plant.
At one time McMorrow talked to Mr. Carey of Barney
and Carey Lumber Company The conversation related to
the discharge of two of Carey's employees because they
refused to unload a Catalano truck. Local 379 had a
collective -bargaining contract with Barney and Carey. At
no time during this discussion did McMorrow tell Carey
that he, McMorrow , was advising Carey's employees not
to unload . Early that day Al Reid, the Local 379 steward
at Barney and Carey, had called McMorrow but
McMorrow gave him no orders concerning the unloading
of Catalano trucks. Nor did McMorrow give orders
concerning Catalano trucks or Gypsum products to any
other Barney and Carey employee.
2. Business Agent Leo M. Burke's testimony
One of the Union ' s business agents is Leo M. Burke.
He gave the following testimony.
Local 379 established a picket line at Catalano's garage
in the very early hours of the morning of September 18.
He stayed there until 8 a.m. During that time no trucks
were prevented from entering or leaving Catalano's
property . However , police arrived several times between
4.30 and 9 a.m. Picketing ceased not long after 9 a.m. and
it was never renewed there . Then the picket line was
removed to Terminal Street , in Charlestown,
Massachusetts , at the approaches to Gypsum ' s property.
Burke became picket captain at this location.
Burke instructed the pickets at Gypsum ' s plant to
maintain an orderly line and to picket only the Catalano
trucks. The trucks freely entered and left Gypsum ' s plant.
He noticed pickets on September 18 changing the tire on
one of Quinn ' s trucks. And he observed Quinn
truckdrivers exchanging pleasantries with the pickets, but
no Quinn drivers were threatened with harm to them or
damage to their trucks Police were present at this picket
line every day, 24 hours a day.
On days subsequent to September 18, Burke observed
pickets "forming circles in front of Catalano trucks [at
Terminal Street] but allowing them through," and also
saw pickets trail these trucks to their destinations In the
circles the pickets were "fairly close together ." But no
trucks were prevented from going into or coming out of
Gypsum 's property.
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Burke denies that he ever visited Samuel Kaplan,
president and treasurer of Ace Building Supply Company,
when Burke was accompanied by Business Agent Rico
Pasquale However, Burke did call alone on Kaplan and
asked him to give employment to some of Catalano's
strikers, but Kaplan declined to do so because business did
not warrant it This ended the conversation, so that
Gypsum's products were not mentioned.
Burke also visited the Waldo Brothers Company
premises in Roslindale, Massachusetts, on September 22
to collect dues from employees Although he spoke to
employee Stockman there when Stockman paid his dues,
Burke did not refer to the Catalano strike or the Gypsum
company to him Then Burke spoke to William McGinnis,
Waldo's yard manager. No Catalano truck was there.
When McGinnis asked how the strike would affect Waldo
Brothers Company, Burke replied "It isn't going to affect
you. If a truck load of gypsum comes here and the pickets
are outside the gate I would advise my people that they
are within their rights not to touch the Catalano truck
. If you fired [an employee for refusing to unload the
truck] probably everybody else would be sick by the act
and have to go see a doctor." However, at no time did
Burke instruct any Waldo employee not to touch Catalano
or Gypsum products.
At no time while he was present at the picket line at
Gypsum's plant did Burke observe any damage to any
trucks, and when George Catalano once complained to
him of some damage to the ropes on George's truck,
Burke replied that he knew nothing about this and
suggested that if there was any damage George had done
it himself. A policeman "was in attendance" at this time.
On several occasions pickets disobeyed his instructions, on
these occasions Burke instructed the pickets at Gypsum's
Terminal Street plant to "disperse immediately" and to
"get away from the trucks and let the trucks proceed "
They usually obeyed immediately but occasionally "they
were reluctant."
Further, Burke not only denies that he told pickets that
on September 19 three Quinn trucks were not going into
Gypsum's plant, as testified by James Fountas, Gypsum's
works manager, but denies that he, Burke, was present at
the plant site in the morning of September 19 when the
three Quinn trucks appeared on the scene. In fact, during
the time Burke was at the picket line at Gypsum's plant
"all trucks" entered and left the plant.
3. Albert Reid ' s testimony
A member of Local 379 employed by Barney and
Carey Company is Albert Reid. He is also the shop
steward there for Local 379 His testimony follows. On
September 22 when a Catalano Bros , truck arrived at
Barney and Carey, two men were at the gate displaying
signs that Local 379 was striking Catalano Bros , Inc.
They told Reid they were on strike at Catalano Bros., Inc
The driver of the truck, a Mr. Catalano, informed Reid
that the truck had a load of merchandise for Reid's
employer Thereupon Reid spoke to the two men at the
gate, after which he told Catalano that he, Reid, would
call President McMorrow of Local 379.
Then Reid told McMorrow that a Catalano truck had
appeared at Barney and Carey. McMorrow replied that
Reid was to use his own judgment Upon concluding his
call Reid told Catalano that he, Reid, would not unload
the merchandise. Shortly thereafter "owner" Carey
ordered Reid to unload the truck or be suspended Reid
refused and he was accordingly suspended At no time did
anyone order Reid not to handle "Catalano goods or U S.
Gypsum goods."
4. Testimony by Ralph Henricks
Henricks, a job steward for Local 379, is employed by
Waldo Brothers Company On September 22 he was
present when a Catalano Bros truck arrived. It was
driven by Pat Catalano When the truck stopped four
Catalano Bros. striking employees picketed around it with
signs that Local 379 was on strike against Catalano Bros.,
Inc. Henricks talked to the pickets and learned of the
causes of the strike. Shortly thereafter Pat Catalano asked
Henricks to unload the truck. Then Waldo's Department
Manager Barry Colgan, as well as "four bosses," directed
Henricks to unload the truck, but he refused stating that
he would not go across a picket line.
5. Testimony by Americo Pasquale
Americo Pasquale is a business agent for Local 379. He
was present during the picketing of Catalano's garage
during the early morning of September 18, but no
Catalano trucks were blocked during this period
When the picketing was transferred to Gypsum's
property he went there also. Catalano trailers are parked
both on Gypsum's property and on Catalano's property
adjacent thereto At times he was in charge of the
picketing at Gypsum's plant. No truck was ever prevented
from entering or leaving Gypsum's property while
Pasquale was there.
While he was in charge of picketing, Pasquale
instructed the pickets to "abide by all the picket rules" of
Local 379 "and the U S. Government." His instructions
were not disregarded.
Pasquale did not go with Business Agent Burke to call
upon Samuel Kaplan of Ace Building Supply Company.
However, Pasquale alone once did speak to Kaplan while
Kaplan was unloading a Catalano truck. On this occasion
Pasquale mentioned the strike but also added he did not
care whether Kaplan unloaded the truck or not.
On another occasion Pasquale called on Kaplan. The
latter apologized for using Gypsum's products because
Ace's customers preferred Gypsum's wallboard although
Kaplan sought to induce such customers to accept
National's products sold under the trade name of Gold
Bond. Pasquale expressed no interest in this, telling
Kaplan that Local 379 was on strike only against
Catalano Bros., Inc.
About September 19 Pasquale also spoke to Peter
Coumounduros of Quinn Freight Lines, Inc , at the picket
line in front of Gypsum's plant. Although Coumounduros
complained about Quinn's men not crossing the picket
line, Pasquale assured him that Local 379 had a dispute
only with Catalano Bros., Inc., and that Quinn trucks not
only would not be stopped but were free to "cross the
picket line." Coumounduros then told Pasquale that
Quinn's men would be instructed to show bills of lading if
requested by the pickets to produce them and that pickets
could stop Quinn trucks for this purpose.
On September 19 pickets circled in front of Quinn
trucks outside of the Gypsum plant for a period of about
10 minutes as such trucks entered the plant, and for the
same period of time in front of Catalano Bros., trucks
leaving the plant
LOCAL 379, IBW 469
6. Robert McLaughlin's testimony
Robert McLaughlin, an employee for Catalano Bros ,
Inc., and a steward for Local 379 there during the strike,
testified on behalf of Local 379 At no time did he see any
truck prevented from going in or out of Gypsum's plant
or any damage done to a truck. At times he served as
picket captain during the strike Acting pursuant to orders
from the business agent, the pickets stopped Quinn trucks
only to "check them for their union books." Otherwise all
trucks were able to pass through the picket line going into
or coming out of the Gypsum plant.
On September 18 and 19 McLaughlin followed
Catalano Bros trucks from the Gypsum plant. One such
truck, driven by Patrick Catalano, dropped a loaded
trailer on International Highway so that a trucker named
Foley from Arlington, Massachusetts, could pick it up and
exchange an empty trailer with Patrick for the loaded
trailer.
constitutes no more than advertising for U S. Gypsum. It
is not necessary to decide whether Gypsum would be
liable to third persons for the negligence of Catalano's
drivers. Massachusetts cases indicate such liability in
certain instances.
And I further find that U. S. Gypsum ' s products are
not "struck work ." See J . C. Driscoll Transportation,
Inc., 148 NLRB 845, 846. This is because I find (a ) that it
is a neutral employer and (b) it has no labor dispute with
Local 379 Accordingly , I find that carriers, other than
Catalano, hired by Gypsum to transport its products, and
not reimbursed or hired by Catalano , did not carry
"struck work ," and, therefore , such carriers did not
perform "struck work" for Catalano . Consequently,
N L.R B . v. Business Machines & Office Appliances
Union , 228 F .2d 553 (C.A. 2), cert. denied 351 U S. 962,
is inapplicable . These other carriers include Quinn Freight
Lines, Inc., O. B . Hill Transportation Co., and Nelson
Freight Ways
7. Testimony of James Elworth
James Elworth, a Catalano Bros employee, has been a
steward there for Local 379 since the strike ended. He
acompanied Business Agent Pasquale in late October
when Pasquale called on Samuel Kaplan of Ace Building
Supply Company Pasquale asked Kaplan why he was
receiving goods contrary to a promise previously made
Kaplan replied he was forced to do so because his
customers desired U. S Gypsum's products and he was
unable to convince them to accept National Gypsum's
commodities as substitutes But no one from Local 379
asked Kaplan to stop using U.S. Gypsum's goods, and no
Catalano truck was present at the premises of Ace on this
occasion.
IV. CONCLUDING FINDINGS AND DISCUSSION
A Whether Catalano Bros, Inc., and U. S Gypsum
are Allies
It is undisputed, and I find, that Catalano Bros., Inc., a
carrier of motor freight by truck, is engaged exclusively in
transporting U.S. Gypsum's products, that Catalano's
trucks bear the name of United States Gypsum Company,
that such trucks also display the name of Catalano Bros.,
Inc., as owner, that Catalano often parks some of its
equipment at Gypsum's plant, and that Catalano owns
property adjacent to said plant where it also parks
Catalano's equipment.
But the foregoing facts fall short of establishing that U
S Gypsum and Catalano Bros., Inc , are allies, as I find
that U. S Gypsum has no significant degree, if any, of
control over the labor policies of Catalano, Bros., Inc.
Accordingly, I find that U. S. Gypsum is a neutral,
secondary employer doing business with Catalano Bros ,
Inc , that the latter is the primary employer, that Local
379 has a labor dispute with such primary employer, and
that Local 379 on September 18 and for several week
thereafter struck such primary employer. J G Roy and
Sons Company v. N L R.B, 251 F 2d 771 (C.A. 1).
Further, I find that merely because U S Gypsum's
name appears on Catalano's trucks is insufficient to make
them allies. Not only is Catalano identified as the owner
of the trucks, but I find that no control is exercised over
Catalano by U. S. Gypsum either by reason of the latter's
name appearing on the trucks or otherwise. Hence, the
appearance of U. S. Gypsum' s name on the trucks
B. As to Restraint and Coercion
It is my opinion, and I find, that Local 379 restrained
and coerced employees within the meaning of Section
8(b)(1)(A) of the Act. This ultimate finding is based on
the entire record and the following subsidiary findings of
fact.
1. At the premises of Catalano Bros., Inc.
It is beyond controversy that Local 379 picketed
Catalano's garage in Charlestown in the very early
morning of September 18, and I so find I further find
that the pickets there marched in front of Catalano trucks
attempting to leave the premises, and that such pickets
engaged in a formation which prevented such trucks from
advancing without harming the pickets and without
intervention of the police I find that this formation
constituted mass picketing which effectively blocked the
trucks from moving forward until the police later on
cleared the way. Stevenson Brick & Tile Company, 129
NLRB 6. In my opinion this conduct coerced and
restrained Catalano's employees. Hence, I find it is
proscribed by Section 8(b)(1)(A) of the Act. Respondent's
evidence inconsistent with this finding is not credited
2. At the premises of U. S. Gypsum
a. By picketing
Picketing of Gypsum by Local 379 commenced on
September 18 and continued for several weeks. However,
I find that such picketing amounted to restraint and
coercion only on September 18 and during a few ways
thereafter In this respect I find that on these occasions
the pickets marched in a circle so close to each other that
they effectively blocked Catalano and Quinn trucks from
proceeding without coming into contact with and harming
such pickets and requiring police assistance to open the
way. Respondent's contrary evidence is not credited
It is of no consequence that police often dispersed the
pickets to allow these trucks to pass. This is because the
essence of the violation consists in physically preventing
trucks from proceeding without police intervention. The
fact that the police succeeded in clearing the way for the
trucks does not alter the fact that the trucks were indeed
physically impeded, and that such impediment restrains
and coerces employees. Stevenson Brick & Tile Company,
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
129 NLRB 6, 7-8.
Nor is a different conclusion required because Local
379 business agents instructed pickets not to prevent
trucks from proceeding, a fact which I find While such
instructions are commendable the fact remains that the
pickets constantly violated those instructions in the
presence of the business agents, and I so find. And I
further find that business agents directed pickets to stop
trucks and told such pickets on one occasion, as testified
by Fountas, that the trucks "are not going in." In
addition, Union Steward McLaughlin also directed pickets
to stop trucks. Respondent's evidence inconsistent
therewith is not credited This depicts restraint and
coercion. Although the business agents corrected such
conduct by telling pickets to disperse, I find that such
correction occurred only after the action of the pickets in
blocking trucks had been protested to the business agents
by representatives of the trucking companies.
b. By oral threats
About September 19 one of the pickets told Quinn
employee Robert L. Harris that, if Harris entered U. S.
Gypsum's premises, Harris would not leave the City of
Boston and that "tires cost a lot of money." At another
time on the same day, another picket told Harris that
tires cost a lot of money. I find that these utterances are
threats constituting restraint and coercion under Section
8(b)(1)(A) of the Act. I further find that Local 379 may
be held responsible for these threats as they were made by
pickets appointed by, and at a picket line established by,
Local 379 Sunset Line and Twine Company, 79 NLRB
1487, 1514-1515 See Colonial Hardwood Flooring
Company, Inc, 84 NLRB 563, 564-565
About September 20, the pickets told Quinn employee
Leclair that tires were expensive, that they were going to
"break the glass," that he would not get out of Boston
with the load, that they had his number plates, and they
would ascertain where Leclair lived. It is reasonable to
infer - and I do so - that these are threats of harm to
Leclair, or damage to his truck, or both. Accordingly, I
find that these are threats and that they constitute
restraint and coercion. Vulcan-Cincinnati, Inc., 137
NLRB 95, 96
c. Other acts of restraint and coercion
About September 20, Quinn employee Leclair's truck's
ropes were cut and the bags in the trailer were all sliced
Although no direct evidence connects the pickets with this
damage, I find it is reasonable to infer that pickets caused
it in view of the finding that shortly before this, pickets
had threatened harm to Leclair, or damage to his truck,
or both. Accordingly, I find that pickets caused this
damage to Leclair's truck and that their action may be
attributed to Local 379.
About October 17 a stranger told four Quinn drivers
that if the Quinn trucks moved someone would be a dead
duck. Shortly thereafter, shots were fired and two truck
tires became flat. Since evidence relating to these findings
was received without objection, I have considered it
although these incidents are not alleged in the complaint.
Thompson Manufacturing Co., Inc., 132 NLRB 1464,
1465, fn. 1. But I find that such conduct may not be
imputed to Local 379 in the absence of evidence
identifying the stranger who spoke and the person who
fired the gun. Sunset Line and Twine Company, 79
NLRB 1487, 1495. Accordingly, I find that Section
8(b)(1)(A) of the complaint has not been transgressed by
the incidents described in this paragraph.
About September 19 something resembling an ice pick
was discovered in the tires of Quinn ' s truck driven by
Quinn drivers Arieta and Knapik It may not be inferred
that a picket caused this to Arieta absent any statements
by pickets threatening physical damage to the truck
Sunset Line and Twine Company, 79 NLRB 1487, 1495
Accordingly , I find that Section 8(b)(1)(A) of the Act has
not been contravened in Arieta's case.
But I find a violation in Knapik's case because the
pickets did threaten to throw a brick through his
windshield and also because the pickets themselves
repaired the tire after they were accused of damaging it,
even though they denied harming the tire. Repairing the
tire is some evidence of authorship of damage to the
article repaired , especially when accused of causing the
damage, notwithstanding denial of such accusation
On September 20 George Catalano protested to
Business Agent Burke that pickets had torn canvas covers
on Catalano Bros. trucks . In view of Burke ' s reply, which
I construe as an implied admission , I infer - and find -
that pickets caused this damage Accordingly , I find that
such damage is prohibited by Section 8(b)(1)(A) of the
Act.
There is evidence that on September 21 Steward Bob
McLaughlin of Local 379 abruptly stopped in front of a
truck causing the latter to stop sharply. Upon an
appraisal of all the evidence bearing upon this issue, I
credit McLaughlin ' s denial . Accordingly , I find no
restraint or coercion in this incident.
About September 20 the ropes and canvas on Paul
Catalano's truck were cut. Since no evidence discloses
who caused this, and since no threats were made to Paul,
I am unable to deduce upon a preponderance of the
evidence that pickets inflicted this damage. Hence, I find
no restraint or coerction in this incident
C Whether Local 379 Unlawfully Induced and
Encouraged Individuals Employed by Neutral
Persons For an Object Proscribed by Section
8(b)(4)(i)(B) of the Act
For a few hours on September 18 the Union picketed
the garage of Catalano Bros., Inc. Since the record reveals
that no other person occupies these premises, patently this
picketing is primary. Hence, no violation of Section
8(b)(4)(i)(B) has been disclosed, for primary picketing,
regardless of its legality or unlawfulness, does not
constitute secondary action condemned by this branch of
the law. International Rice Milling Co., inc., et al. v.
N.L R.B., 341 U S. 665. No party in this case contends to
the contrary.
However, the Union also engaged in conduct at places
other than said garage. Initially, I find that the text of the
picket signs shown at such places correctly identified
Catalano Bros., Inc., as the primary employer with whom
the Union had a dispute. Hence, I find nothing
objectionable in the language used on such signs to
communicate the Union's message. The question is
whether the circumstances under which such signs were
displayed transgressed Section 8(b)(4)(i)(B) of the Act.
1. At U. S. Gypsum
It is uncontroverted that Respondent picketed on
Terminal Street , at the approach to Gypsum ' s Boston
plant. Since Catalano trucks were present on Gypsum's
LOCAL 379, IBW
property, and also since Catalano's property, which
adjoined Gypsum's, could be reached only from Terminal
Street, Local 379 could lawfully picket with proper signs
at this spot. Moore Dry Dock Company, 92 NLRB 250;
Plauche Electric, Inc , 135 NLRB 250.
But Respondent did more than picket at this location.
As found below, it also engaged in mass picketing which
blocked trucks of neutral employers serving Gypsum, and
it also orally induced and encouraged employees of such
neutrals to refuse to perform services for their employers.
I find these additional acts not only contravene Section
8(b)(4)(i)(B) of the Act, but they show that the Union is
not confining "the force of the picketing" and its dispute
to Catalano, the primary employer. Richfield Oil
Corporation, 95 NLRB 1191, 1193. I expressly find that
Local 379 by such additional conduct is extending the
force of its picketing and its dispute to neutrals with
whom it has no labor dispute, so that the picketing at
Gypsum is proscribed under such circumstances. Richfield
Oil Corporation, 95 NLRB 1191. Accordingly, I find that
"the picketing was designed, at least in part, to force
[Gypsum] to cease doing business with [Catalano Bros.,
Inc.], by inducing third parties to refuse to enter
[Gypsum's] premises. Thus, the picketing had a proscribed
objective and was violative of ... the Act." Richfield Oil
Corporation, supra at 1194.
In addition to blocking trucks of neutrals, I find that
Respondent's pickets on Terminal Street, orally induced
and encouraged employees of persons other than Catalano
Bros., Inc., to refuse to perform service for their
employer.
Thus, on September 18 the pickets asked Quinn driver
Robert L. Harris to respect their picket line, even though
Quinn was not performing work for Catalano but, rather,
for Gypsum Then on September 19 pickets threatened
Harris if he entered Gypsum's premises, although again he
intended to transport Gypsum products. Also, pickets
caused damage to the truck driven by Harris, thus belying
the assertion that Respondent's dispute was limited to
Catalano Bros , Inc.
And on September 18 pickets on Terminal Street,
asked Quinn driver Charles Leclair to respect their picket
line and that he should not load his truck with Gypsum's
products. Further, on September 19 pickets threatened
Leclair for carrying Gypsum's products, and also
damaged the cargo he was hauling, a fact inconsistent
with the contention that Local 379 was limiting its dispute
to Catalano Bros., Inc.
Then on September 19 the pickets caused Quinn driver
Knapik to suffer a flat tire, and one of them threatened to
hurl a brick at Knapik's windshield. These acts likewise
contradict Respondent's assertion that it had a dispute
only with Catalano Bros., Inc.
On September 26, pickets on Terminal Street asked O.
B. Hill drivers Charles Woodman and Robert Temple to
respect their picket line.
The foregoing conduct of the pickets, occurring on the
picket line and in the presence of union officials, may be
attributed to Local 379. Sunset Line and Twine Company,
79 NLRB 1487, 1512-1513 In this connection I find that
Business Agent Leo Burke on September 19 told pickets
that the trucks "are not going in." Respondent's contrary
evidence is not credited. This, too, tends to show that
Respondent authorized or at least ratified the acts of the
pickets which extended the dispute of Local 379 to
neutrals doing business with Gypsum, another neutral.
However, I do not find any violation in the fact that
some neutral trucks failed to enter Gypsum's plant after
471
pickets on Terminal Street spoke to them. This is because
the record is silent as to the contents of the conversation
between the pickets and such drivers. Hence, I find that
the General Counsel has not carried his burden of proving
that such drivers were unlawfully induced or encouraged
to leave the scene without proceeding to Gypsum's
premises
But Respondent also engaged in unlawful conduct
within the scope of Section 8(b)(4)(i)(B) of the Act
elsewhere than at Gypsum's plant. On September 20
Local 379 picketed M. J. Pirolli while a Catalano Bros.,
Inc , truck was delivering Gypsum's products there. Since
Pirolli was doing business with Gypsum, and not with
Catalano Bros , Inc., this picketing was unlawful. No
different result should be reached because Catalano was
delivering the load, for the necessary effect of the
picketing was to induce and encourage Pirolli's employees
not to handle Gypsum's products. Yet both Pirolli and
Gypsum were neutral employers. Interborough News
Company, 90 NLRB 2135, is distinguishable. The place of
picketing convinces me, and I find, that an object of the
picketing at Pirolli's was to cause Pirolli to cease doing
business with Gypsum. Plauche Electric, Inc , 135 NLRB
250, 254, J. C. Driscoll Transportation, Inc., 148 NLRB
845. In my opinion Plauche Electric, Inc., 142 NLRB
1106, 1109, is distinguishable, for although no Catalano
trucks appeared for several days at Gypsum's plant,
Catalano trucks were parked there and on Catalano's
adjacent property
On September 20 or 22 a Catalano truck containing
Gypsum's products was not unloaded at Barney and
Carey when pickets asked Barney's foreman not to unload
it. Since the foreman is a low level or minor supervisor, I
find he is an individual under the Act. Carolina Lumber
Company, 130 NLRB 1438, S M. Kisner and Sons, 131
NLRB 1196, 1202. Hence, I find this is inducement and
encouragement of an individual. And I find that an object
of such conduct is to force or require Pirolli to cease
doing business with Gypsum. Accordingly, I find that this
incident violates Section 8(b)(4)(i)(B) of the Act.
And I find a violation at Barney and Carey in the
action of the steward, Albert Reid, in stating that he
could not unload the cargo This is because President
McMorrow of Local 379 so instructed the steward in a
telephone call. McMorrow's failure to disavow this
conduct when Carey called him is not a violation, but it
demonstrates that Reid was acting pursuant to
instructions of McMorrow However, McMorrow's
equivocal statement to Reid to "use your own judgment,"
in reply to a question by Reid, has been held to constitute
illegal inducement and encouragement, Richfield Oil
Corporation, 95 NLRB 1191, 1193, because it suggests a
negative response.
Some time in September, and probably the 19th, Local
379 picketed Ace Building and Supply Company while a
Catalano truck delivered Gypsum's products there. I find
this violates Section 8(b)(4)(i)(B) for the reasons given in
connection with the picketing at M. J Pirolli. However, I
find no violation in Business Agent Pasquale's talk to
Ace's employees because the record is barren as to the
nature thereof. Merely because employees of Ace refused
to unload the truck following these conversations does not
establish that such refusal was induced or encouraged by
Pasquale, and I so find.
Pasquale on the foregoing occasion also requested
Kaplan to use trucking concerns other than Catalano, to
refuse admittance of Catalano's trucks to Ace's yard, and
not to buy Gypsum's products. Since Kaplan is a
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"managerial official," these requests addressed to him are
not comprehended by the words "induce or encourage any
individual," and, therefore, are not prohibited by the Act.
Carolina Lumber Company, 130 NLRB 1438, 1443; S.
M Lisner and Sons, 131 NLRB 1196, 1202-03. However,
this language is relevant in establishing that an object of
other conduct by Local 379, found herein to amount to
inducement or encouragement, was to force or require
persons other than Catalano to cease doing business with
Gypsum.
On September 22 Respondent picketed Waldo Brothers
Company, and on September 18, F. D. McGinn, Inc.,
when a Catalano truck containing U. S. Gypsum products
was present At the same time Business Agent Burke
instructed Waldo employee McLintock not to unload the
truck and informed McGinnis, Waldo's yard manager,
that he, Burke, had instructed Waldo's employees not to
unload such and that employees would "go home sick" if
directed to unload them. Respondent's contrary evidence
is not credited. This picketing, as well as the oral
statements of Burke, constitute inducement and
encouragement, as well as restraint and coercion, for an
object of forcing or requiring Waldo, a neutral, to cease
doing business with Gypsum so that Gypsum would cease
doing business with Catalano.
Local 379 picketed F. D. McGinn, Inc., on September
18 or 19 while a Catalano truck was present there This
violates 8(b)(4)(i) and (ii)(B) However, I find no violation
in Business Agent Mancini's talk to McGinn's employees
not only because Mancini's union (Local 251) of the
Teamsters is not named as a Respondent, but also because
the record is silent as to what Mancini said to McGinn's
employees.
The General Counsel's case is not defeated because I
find that the picket signs at Waldo and McGinn properly
named Catalano as the primary employer. This is because
the signs appealed to Waldo's and McGinn's employees,
when Waldo and McGinn were neutrals, to refuse to
unload Gypsum's products when Gypsum was also a
neutral. See N.L.R.B. v. Fruit and Vegetable Packers &
Warehousemen (Tree Fruits), 377 U.S. 58, 63, 70-71.
D. Whether Local 379 Restrained or Coerced Any
Person For an Object Forbidden by Section
8(b)(4)(ii)(B) of the Act
As found above, Local 379 by picketing induced and
encouraged individuals employed by neutral employers for
an object made impermissible by Section 8(b)(4)(i)(B) of
the Act. I find that such inducement and encouragement
also constitutes restraint and coercion within the purview
of Section 8(b)(4)(ii)(B) of the Act. Gilmore Construction
Company, 127 NLRB 541, 545.
And I further find that oral inducement and
encouragement, without more, as outlined above, of
individuals employed by neutral employers does not
constitute restraint or coercion. Lohman Sales Company,
132 NLRB 901, 904. However, the statement of Business
Agent Burke that the trucks were not going through I find
to amount to restraint and coercion. Boston Gas
Company, 137 NLRB 1299, 1304.
Finally, I find that an object of the restraint and
coercion found above is to force or require neutral
employers to cease doing business with Gypsum and
Gypsum to cease doing business with Catalano Bros., Inc.
Carleton Brothers Company, 131 NLRB 452.
Nevertheless, I find no violation of this Section of the
Act in Steward McLaughlin's asking the "owner" of East
Dedham Builders not to unload a Catalano truck on
September 21. This is because such requests may be made
with impunity to management officials , as they are not
coercive Boston Gas Company, 137 NLRB 1299, 1304, S.
M Kisner and Sons, 131 NLRB 1196, 1203.
V. THE EFFECT OF THE UNFAIR LABOR
Those activities of Respondents set forth in section IV,
above, found to amount to unfair labor practices,
occurring in connection with the operations of Catalano
Bros., Inc., and United States Gypsum Company,
described in section I, above, 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 Respondent has engaged in certain
unfair labor practices prohibited by Section 8(b)(1)(A) and
8(b)(4)(i) and (ii)(B) of the Act, it will be recommended
that it cease and desist therefrom and that it take specific
affirmative action, described below, designed to effectuate
the policies of the Act.
On the record as unfolded at the hearing, I find that
Respondent has engaged in a secondary boycott against
Catalano and Gypsum. It is my opinion, and I Find, that
it will effectuate the policies of the Act to prevent any
repetition of such conduct against any person doing
business with Catalano or Gypsum. But I find that no
mass picketing was extended to the premises of persons
other than Catalano and Gypsum Hence, no relief against
mass picketing is necessary for such other persons. The
Recommended Order set forth below so provides.
Upon the basis of the foregoing findings of fact and the
entire record in this case, I make the following:
CONCLUSIONS OF LAW
1. Local 379 is a labor organization within the meaning
of Section 2(5) of the Act.
2. Catalano Bros., Inc., and United States Gypsum
Company each is an employer within the meaning of
Section 2(2), and each is engaged in commerce within the
meaning of Section 2(6) and (7), of the Act.
3. By mass picketing, threats, and damaging vehicles
and cargo, Local 379 has engaged in unfair labor practices
within the meaning of Section 8(b)(1)(A) of the Act.
4. By inducing and encouraging individuals employed
by Quinn, O. B. Hill, Gypsum, and other persons (other
than Catalano), to refuse to perform services, where an
object thereof is to force or require Gypsum or any other
person to cease doing business with Catalano and others
than Catalano to cease doing business with Gypsum,
Local 379 has engaged in unfair labor practices within the
meaning of Section 8(b)(4)(i)(B) of the Act.
5. By threatening, coercing, and restraining said Quinn,
Hill, Gypsum and other persons (other than Catalano),
where an object thereof is to force or require Gypsum to
cease doing business with Catalano and others than
Catalano to cease doing business with Gypsum, Local 379
has engaged in unfair labor practices within the meaning
of Section 8(b)(4)(ii)(B) of the Act.
LOCAL 379, IBW 473
6. The aforesaid unfair labor practices are unfair labor Section 2(6) and (7) of the Act.
practices effecting commerce within the meaning of [Recommended Order omitted from publication.]