Local 810, Teamsters

National Labor Relations Board - Board Decisions

Apr 5, 1971

189 N.L.R.B. 612 (N.L.R.B. 1971)

612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 810, Steel, Metals, Alloys & Hardware Fabrica-
tors & Warehousemen, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America and Sid Harvey, Inc.
Local 810, Steel, Metals, Alloys & Hardware Fabrica-
tors & Warehousemen , International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America and Sid Harvey Brooklyn Co.,
Inc. Cases 29-CC-229 and 29-CC-246
April 5, 1971
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND BROWN
On December 15, 1970, Trial Examiner Alba B.
Martin issued his Decision in the above-entitled
proceeding and, on January 8, 1971, an Erratum
thereto, finding that the Respondent had engaged in
and was engaging in certain unfair labor practices and
recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the
attached Trial Examiner's Decision. Thereafter, the
Respondent filed exceptions to the Trial Examiner's
Decision, and the Charging Parties filed an answering
brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
The Board has reviewed ttie 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, the answering
brief, and the entire record in the case, and hereby
adopts the findings, conclusions, and recommenda-
tions of the Trial Examiner.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the Recommend-
ed Order of the Trial Examiner and hereby orders that
the Respondent, Local 810, Steel, Metal, Alloys &
Hardware Fabricators & Warehousemen, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, its officers,
agents, and representatives, shall take the action set
forth in the Trial Examiner's Recommended Order.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE PROCEEDING
ALBA B. MARTIN, Trial Examiner: This consolidated
proceeding, with all parties represented by counsel, was
heard before me in Brooklyn, New York, from September 8
to 14, 1970.1 This proceeding involves alleged violations by
Respondent of Section 8(bX4Xi) and (ii) (B) of the National
Labor Relations Act, as amended, 29 U.S.C. Sec. 151, et
seq., herein called the Act. After the hearing all parties filed
helpful briefs, which have been duly considered. Upon the
entire record and my observation of the witnesses I hereby
make the following:
FINDINGS AND CONCLUSIONS
I. JURISDICTION
The Board's jurisdiction over this proceeding is not
challenged . The five corporations directly involved have
their principal offices and places of business in different
cities or towns on Long Island, New York. These
corporations are Sid Harvey, Inc., herein called Inc.; Sid
Harvey Supply, Inc., herein called Supply ; Sid Harvey
Brooklyn Co., Inc., herein called Brooklyn ; Sid Harvey
Nassau, Inc., herein called Nassau ; and Sid Harvey Suffolk,
Inc., herein called Suffolk . During a recent year, a
representative period, Inc. and Supply each had over a
$50,000 direct outflow in interstate commerce , and each of
the other three corporations had an indirect inflow in
interstate commerce exceeding $50,000. Upon the record I
find that each of the five corporations is engaged in
commerce within the meaning of Section 2(6) and (7) of the
Act.
II. THE LABOR ORGANIZATION INVOLVED
Respondent herein , sometimes called the Union and
sometimes Local 810, is Local 810, Steel, Metals, Alloys &
Hardware Fabricators & Warehousemen, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America. It is a labor organization within
the meaning of Section 2(5) of the Act.
In. THE UNFAIR LABOR PRACTICES
A. Introduction and Principal Issues
From March 10, 1970, until the issuance of a temporary
injunction by a United States district court on June 11,
1970,2 Respondent engaged in picketing and other activity
at the premises of Inc. in support of a labor dispute it had
with Supply, the primary employer. Similar activity
occurred at Brooklyn, in May and June, and at Nassau and
Suffolk in early June. The picketing had begun at Supply on
February 20 upon the discharge of a foreman on that date,
and has continued ever since. Respondent had lost an
election at Inc. on January 7, and since then has not
claimed to represent the employees of Inc. Respondent had
1 Sid Harvey, Inc filed the charge in Case 29-CC-229 on March 12,
1970. Sid Harvey Brooklyn Co, Inc, filed the charge in Case 29-CC-246
on June 8, 1970
Y All events herein occurred in 1970.
189 NLRB No. 93
LOCAL 810, TEAMSTERS 613
no pending labor dispute with Inc., Brooklyn, Nassau, or
Suffolk, when it picketed their premises.
The first issue is whether the object of the picketing at
Inc., Brooklyn, Nassau, and Suffolk was in violation of
Section 8(b)(4)(i) and (ii) of the Act.
Assuming that it was, the next issue is whether these four
corporations were entitled to the protection of the Act, as
contended by the General Counsel; or allies of Supply, or
doing struck work for Supply, and so not entitled to the
protection of the Act, as contended by Respondent. On the
"ally" issue the precise question is whether the corporations
were under the actual control of Stephen Harvey, as
distinguished from his potential control.
B. The Object of the Picketing
Respondent did not contest the testimony concerning the
picketing incidents, but based its defense upon its allied and
struck work theories. The following findings of fact are
based upon virtually uncontested testimony.
Inc. From March 10 to June 10 Respondent picketed
near Inc.'s loading dock where deliveries are received,
carrying picket signs which indicated its dispute was with
Supply, not Inc.3 On the first day of picketing some 10
truckdrivers with goods bound for Inc. were spoken to by
pickets and then pulled away without making deliveries.
One picket said to one driver, "I'll risk arrest rather than
have you get in this cab and make the delivery." On that
day also one picket said to a truckdriver, "We're Teamsters,
you wouldn't cross a Teamster line would you?" During the
entire span of the picketing, Inc. 's vice president saw at
least 30 trucks pull up to the picket line and leave. Sometimes
the pickets spoke to the drivers, and sometimes they just
held up the picket signs and waved the trucks on. None of
the trucks turned away carried goods consigned to or
belonging to Supply.
Brooklyn's three stores in three different cities were
picketed in May and June by pickets bearing signs showing
the dispute was with Supply and that the union involved
was Local 810. At one store the pickets approached the
drivers of two carriers who came up in two trucks, and
thereafter the drivers did not make any deliveries or
perform any services. In front of another store pickets told
customers "the store was on strike ...." and handed them
a Local 810 leaflet statmg in large letters at top, "Don't Buy
Sid Harvey Products." The Pickets asked customers not to
go in. The pickets spoke to and turned away the driver of a
service truck and also the driver of a garbage truck. The
latter was taking the barrels of garbage out when the pickets
approached him and told him "Sid Harvey's was on strike"
and asked him not to take the garbage. The driver put the
two barrels of garbage by the door, told the store manager
he was sorry, and left. Local 810 pickets appeared also in
front of the third store carrying picket signs reading "Sid
Harvey Supply on Strike" and identifying Local 810 as the
union involved. They spoke to drivers of several common
carriers' trucks, which arrived to make deliveries, and
which then left without making any deliveries.
Nassau's Garden City store was picketed in late May and
early June by Local 810 pickets , at least one of whom was
wearing a "strike" sign . A picket spoke to two customers
from BP Oil Company, one of whom then left without
going in . The pickets spoke to other customers as they
drove up . On another day the pickets asked an oil burner
serviceman from the same oil company not to go in, even
for a cup of coffee, telling him that the servicemen of his
company had agreed to respect the picket line and not go
inside , because they were union men. The serviceman left
without going in.
Suffolk's West Babylon store was visited by Local 810
pickets in early June . They parked a car across the street (a
two-lane street) from the store and put up "strike" signs
identifying Local 810 in the front and back windows of the
car. They spoke to a truckdriver for a common carrier who
was making a delivery at the store, who finished making the
delivery. Then they spoke to him again as he was leaving.
They passed out Local 810's "Don't Buy Sid Harvey
Products" leaflets to customers as they approached the
store . They gave one of the leaflets to a fuel burner
serviceman who was entering to pick up a part.
Conclusions. Upon the above evidence and the entire
record I conclude that Respondent 's activities set forth
above induced and encouraged employees of Inc ., Brook-
lyn, Nassau , and Suffolk , and employees of persons doing
business with them and other persons engaged in com-
merce , to refuse to use , manufacture , process, transport,
and otherwise handle and work on goods , articles, and
materials , and to perform services for their respective
employers ; with an object to force and require Inc.,
Brooklyn, Nassau, Suffolk , and other persons to cease
using, selling, handling, transporting, and otherwise dealing
in the products of Supply , and to cease doing business with
Supply , and with a further object to force or require persons
doing business with Brooklyn, Nassau, and Suffolk to cease
using, selling, handling, transporting, and otherwise dealing
in the products of Brooklyn , Nassau, and Suffolk and to
cease doing business with Brooklyn , Nassau , and Suffolk.
These objects were in violation of Section 8(b)(4Xi) and
(ii)(B) of the Act.
C. Management and Operations of Inc., Supply, and
the Sales Companies
Although Inc., Brooklyn, Nassau, and Suffolk, together
with some 25 additional corporations (many of which have
"Sid Harvey" in their titles) were closely associated in the
business world as a kind of family of corporations, their
operations were not integrated and one man's potential
control over them has not been converted into actual
control.
Stephen Harvey, the 38-year-old son of the Sid Harvey,
founder and inspirer of many of the corporations, is now
chairman and president of Inc., the first or parent
corporation, which rebuilds parts and devices used in
heating systems for the heating and air conditioning
industry. It sells no new parts. Inc.'s vice president, Herbert
Lindveit, runs the day-to-day operations of Inc. under
Harvey.
3 The picket signs read, "Sid Harvey Supply, Inc., Unfair, Local 810,
International Brotherhood of Teamsters", and, "Sid Harvey Supply, Inc,
Strike."
614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
William E. Dobie is president and operating head in day-
to-day control of Supply, which buys and sells, warehouses
and distributes products for the heating and air condition-
ing industry.
Nassau, Suffolk, and Brooklyn are 3 of some 20
associated "Sid Harvey" sales corporations which sell at
wholesale new and rebuilt products for the heating and air
conditioning industry. They sell only to the trade, such as
oil companies, heating contractors and plumbers.
John Deyo is and has been president and operating head
of Nassau for 15 years. He owed his appointment as
president to Sid Harvey. Stephen Harvey has been
president of Inc. only 11 years.
William Bernard is president and operating head of
Suffolk and has been for 9-1/2 years. He is the operating
head of that corporation.
Bernard Schumacher has been president of Brooklyn for
5 months.
Each of these four corporations, Supply and the three
sales companies, as well as Inc., keeps its own books and
records, maintains its own payroll, and pays on its own
payroll. Each corporate president hires and fires employees,
and grants raises , without checking with the corporation's
board of directors or the chairman of the board. Each
corporate president is in charge of, and actually conducts,
the day-to-day management of the corporation's business,
including its relations with its sources of supplies, its
customers, its management of its personnel, and its labor
relations. Supply has its own line of credit and there was no
proof that Inch guaranteed Supply's credit.
President Deyo appointed Nassau's general manager
without discussing the matter with anybody. He sets the
hours of work of Nassau's employees, and determines their
benefits, without consulting Nassau's board of directors;
but about once a year he consults with Stephen Harvey
about benefits.
Stephen Harvey, a very credible witness, testified that in
no way is he involved in the day-to-day management of, or
labor relations of, any of the companies other than Inc.
A union agent testified that after Supply had discharged a
foreman, Stockton, on February 20, 1970, President Dobie
told the agent that Dobie didn't have the power to put
Stockton back to work, that there was nothing he could do,
that his hands were tied. Dobie credibly denied this and
said he told the union agent he was not going to change his
previous decision, to make a snap decision on a complex
legal matter , and that he would have to take into
consideration the counsel of his lawyers. I credit Dobie's
testimony. Notable is the fact that Respondent did not ask
Stephen Harvey if Dobie consulted him on this subject,
although in its brief Respondent cited this incident as proof
that "Mr. Stephen Harvey maintains and exercises control
over the Sid Harvey Associated Companies."
Stephen Harvey owns all the voting stock of Inc., and is
chairman of the board, president, and treasurer of that
corporation. He owns voting control of Brooklyn and
Nassau, but does not control Suffolk. Supply is owned by
14 of the sales companies including Brooklyn, Nassau and
Suffolk. Harvey has voting control, directly or indirectly, of
'+ I credit Lindveit 's testimony on this point as he is closer to the hour-
by-hour day-to-day operations of Inc. than Harvey , whose testimony on
9 of these 14 sales companies which in turn control 73 of the
100 outstanding shares of Supply's stock. Harvey is an
officer and chairman of each of these 14 sales companies,
and is treasurer and chairman of Supply. Harvey's
secretary, Mrs. Lutz, aged about 60, is corporate secretary
of Inc., Supply, and each of the 14 sales companies , but has
no actual day-to-day duties in any of these corporations
except Inc.
All of Inc.'s rebuilt products (it handles no new products)
are warehoused and distributed by Supply, but Supply's
existence is not dependent upon the business it does with
Inc. Supply's average inventory consists of 65 percent new
products belonging to Supply, 30 percent rebuilt products
belonging to Inc., and 5 percent new products belonging to
another corporation, wholly owned by Inc., called Sid
Harvey Manufacturing Company, Inc., herein called
Manufacturing. Supply's 65 percent new products are
bought by Supply from outside sources, major manufactur-
ers having no affiliation with Sid Harvey companies, such
as "General Electric, ITT-General Controls Division,
Honeywell, just to name a few of the major ones." President
Dobie determines what new products to buy from what
manufacturers, and what prices to sell them for, without
consultation with anybody on Supply's board of directors.
Likewise the three sales companies are not dependent for
their existence upon the business they do with Inc. or
Supply, nor are they bound to hold to the percentages given
below. Sixty percent of Nassau's sales are of new products.
Forty percent are of rebuilt products. Of new products it
gets 60 percent from Supply and 35 percent from outside
manufacturers such as "Empire Ace," "Empire Chemical,"
"Sunray Burner Corporation," "General Electric", and
"White-Rogers." Five percent of new products come from
Manufacturing. Eighty percent of Brooklyn's sales are of
new parts, 20 percent rebuilt. Of new products, 85 to 90
percent come from Supply and 15 to 10 percent come from
original manufacturers such as "General Electric and
Empire." About two-thirds of Suffolk's sales are new
products, of which 70 percent come from Supply (including
Manufacturing) and 30 percent from outside sources.
Inc. gets its "carcasses" which it rebuilds from the
various sales companies around the country, including
Nassau, Brooklyn and Suffolk. About 90 percent of these
carcasses come to Inc. by common carrier and 10 percent
through Supply.4 Hence Inc. is not heavily dependent upon
Supply as a source of carcasses.
Most of Inc.'s 300 employees work at a plant in Valley
Stream, where the rebuilding of parts is performed. Inc.'s
marketing group, which includes employees doing market-
ing, advertising, printing work, and the publication of its
catalogues, is located about 8 miles away at Garden City in
the same large warehouse building which houses Supply.
The sections of the two corporations in that building are
separated by partitions and lockable doors (which are open
during working hours), and the employees of each company
have separate entrances and separate restrooms. Each
company pays rent directly to the landlord, which is a
partnership. Supply's principal services rendered to Inc.
consist of unloading Inc. 's trucks at Supply's dock,
this point Lindveit corrected.
LOCAL 810, TEAMSTERS
warehousing the goods, and later shipping them to Inc. 's
customers by various methods. For this service and the
necessary recordkeeping incident to it Supply bills Inc., and
Inc. pays Supply a percentage of the dollar volume of
rebuilt products shipped for Inc. Purchasers of such rebuilt
products are billed directly by Inc. and make payment to
Inc.
Supply performs certain minor functions of convenience
for the Inc. employees in the same building with it. The Inc.
unit is on Supply's telephone switchboard and Inc. pays a
percentage of Supply's telephone bill. Inc. and Supply have
different mailing addresses on different streets in Garden
City, but sometimes Inc. mail is delivered by mistake at
Supply's address. It is neither opened nor processed by
Supply employees but is picked up by an employee of Inc.
An employee of Supply processes the Inc. unit' s outgoing
mail, keeps a record of the postage cost, and periodically
Inc. pays this cost to Supply. In February 1969 some Inc.
employees assisted in the taking of inventory at Supply;
however, the manpower supplied by Inc. roughly corre-
sponded to the portion of the inventory owned by Inc. On a
volunteer basis a Supply employee spent one half hour a
day doing janitorial cleanup work in the space occupied by
Inc.'s marketing group at Garden City. This, and several
other circumstances where Supply employees performed
services for Inc., were presumably covered by the overall
service fee paid to Supply by Inc. The evidence of this
sharing of some minor services did not prove Inc. and
Supply were a single employer or had common manage-
ment.
A single hospital and medical policy, a single group
policy, and a single automobile liability policy, cover the
employees of all the companies. Each company pays its pro
rata share of the cost.
About once a year meetings are held of the presidents
and some other top executives of the associated companies,
at which common problems such as pricing, safety,
packaging, and new products are discussed. Although at the
meeting in May 1970 as might be expected, the strike
situation at Supply was discussed, there was no proof that
overall policies resulted from these meetings , particularly
no overall labor policy or personnel policy.
The record showed a number of instances where
individuals have left one associated company and gone to
work for another, usually at a better job. Respondent
sought but failed to show common management by
referring to these as "transfers" from one corporation to
another, presumably arranged by management. In one case
a man came to Inc. from the Pennsylvania company, stayed
3 weeks, and then moved to what he thought was a better
job at the associated Ohio company. Inc.'s vice president,
who would have known if the transfer had been arranged
by management, learned the man was leaving after he had
already gotten a job in Ohio.
In 1966 a Supply employee helped out Supply's
counterpart in the midwest called Central Supply for about
3 weeks. After his return to Supply, somebody from Central
Supply came to New York and asked him to go out to
Central Supply permanently. After discussing the matter
s These include the same system of rating fobs, the same work hours
and two 10-minute rest periods, the same number of holidays , Christmas
615
with his wife the employee decided not to go. Thereafter
Stephen Harvey and the then president of Supply went out
to the employee's home, with the permission of the
employee, and explained to the wife how advantageous it
would be to the employee if he went to Central Supply. The
wife decided in the negative; the employee continued
working at Supply. This incident showed Harvey did not
move employees from corporation to corporation at will as
Respondent would like to have proved. The employee was
later promoted to foreman at Supply, which shows he was
not penalized for refusing to move to Central Supply.
Although Respondent showed a number of working
conditions in common among the employees of Inc. and
Supply,5 there were also many working conditions that
were different between these two groups. If Inc. and Supply
had a common management and if their operations were
integrated, no reason appeared why the working conditions
of both groups of employees would not have been the same.
The two groups had different rules for qualification for
overtime, different sick pay and disability benefits, and
other benefits. Supply has no pension plan; Inc. does. Inc.
has a cash attendance award. Supply does not. Inc. has a
savings plan for employees; Supply does not. There are
differences in the rules on "tardiness," smoking, making
telephone calls, and working on Election Day, to mention a
few.
Inc. prints and distributes about monthly to the
associated companies a publication in the nature of a
"house organ" called "Renews." This is largely people-
related, with articles and items mentioning many names
and relating to the people in the various companies. It
prints such news concerning ways of doing things as is
submitted by the various companies. Each company pays
for a share of the cost of publishing Renews.
The same firm of auditors serves all the companies. This
firm prepared an office manual of standard operating
procedures. The most the record established was that this
manual was recommendatory and not mandatory; and
there was no proof that it was widely followed by the
companies or their officers.
The Garden City building occupied by Supply, Manufac-
turing, and the marketing group of Inc., is owned by Jane
Associates, a partnership. The partners include but are not
limited to corporate officers and families of the associated
companies. Stephen Harvey has an interest in the
partnership but not a majority interest.
The properties Inc. rents in Valley Stream for its main
office and plant are owned by Wright Associates, a man
named Clark, and the Long Island Railroad. Stephen
Harvey has an interest but not a controlling interest in
Wright Associates, and has nothing to do with the other
two.
The land and buildings housing the various other
associated companies are owned by other partnerships of
which the partners are officers, families, and business
friends of the various companies. Stephen Harvey does not
have more than a one-fifth interest in any of these
partnerships.
Employees of any associated company who have worked
bonuses based upon length of service , and the same profit-sharing
program.
616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
10 years with Inc. or an associated company are eligible to
attend the occasional party of the "F.O.F."-which means
"Faithful Old Folks." The cost is defrayed by the
companies whose employees attend , each company paying
for its men.
The entire record did not support Respondent 's principal
contention , that all the associated companies had a
common, integrated management under the actual control
of Stephen Harvey . The latter was on the witness stand for
a long time . His presence and his testimony indicated that
he is not a strong , take-over , big-boss type . He took over the
presidency of Inc . at the age of 27 , presumably at the
retirement of his father , Sid Harvey , and became chairman
of Inc. in 1968 upon the death of his uncle . It is clear from
all the facts that when he received the stock in the various
companies and became chairman of their boards of
directors he also inherited numerous officers and leaders of
these companies earlier selected or assented to by his father
or uncle , some of them older men than he and older in the
business . Harvey credibly testified that he has been
responsible for the ousting of two presidents of companies
and no one else; and that "I have never or would not get
down into anything lower than the chief man who runs the
financial center."
Upon all the above facts and considerations and the
entire record in the case considered as a whole I find and
hold that despite the cooperation and mutual assistance
among the various corporations directly involved herein,
there is not that appreciable degree of integration of
management and day-to-day operations between Supply,
the primary employer , and the others, as to make them
allies and deprive Inc., Brooklyn , Nassau, and Suffolk of
the protection of Section 8 (b)(4) of the Act . Compare
Drivers, Chauffeurs & Helpers Local No. 639 (Poole's
Warehousing Inc.), 158 NLRB 1281, and cases cited at
1285, 1286 ; Baltimore News American Division, The Hearst
Corporation, 185 NLRB No. 26; San Francisco Examiner
Division of The Hearst Corporation, 185 NLRB No. 25;
Courtney & Plummer, Inc., 175 NLRB No. 86.
D. The Struck Work Issue
Respondent contended , but failed to prove , that Brook-
lyn, Nassau , and Suffolk were not entitled to the protection
of Section 8(b)(4) of the Act because they were performing
"struck work" for Supply.
The work normally performed by Supply 's approximately
12 striking employees prior to the strike consisted of
checking in, counting, identifying, and labeling incoming
material ; storing the material in designated spaces in the
warehouse ; filling outgoing orders by "picking" the ordered
parts from where they are stored , assembling them, putting
them in pallet boxes, and banding and labeling the boxes.
In addition one employee spent about half his time helping
drivers of common carriers and other companies to unload
incoming shipments and to load outgoing shipments.
During the strike no employees of Inc., Brooklyn , Nassau,
and Suffolk performed any of this work. In the Hershey
cases the Board defined struck work as "work which but for
the strike would have been performed by the striking
employees."
Both before and during the strike , small shipments
consigned to Supply were sometimes left by the common
carrier at Nassau as a result of mistake or as a matter of
convenience . Nassau 's headquarters office is located a few
hundred feet from Supply . Sometimes common carriers
drivers would request that Nassau accept the shipment for
Supply and Nassau would do so . They were usually no
more than two or three packages about 2 feet square, and
they would be unloaded either by the driver or a Nassau
employee . Then either Nassau personnel took the goods to
Supply or Supply would send someone over to pick them
up. Nassau personnel never did any work in Supply's
warehouse . No one at Supply ever asked Nassau to accept
deliveries for it.
Both before and during the strike at Supply, Nassau
occasionally ordered goods from Supply which the latter
would cause to be shipped by the manufacturer directly to
Nassau . During the strike this direct shipment method was
used five or six times . The material was intended for
Nassau and was in fact used by it . President Deyo credibly
testified that one of these shipments came from Jefferson
Electric ; and that the bill of lading in evidence was in error
in indicating that Supply was the consignee, since the
material was ordered for consignment to Nassau.
I find nothing in the above facts which deprived striking
employees of any work customarily performed by them
prior to the strike ; nor was there any arrangement between
Supply and Nassau for the receipt of deliveries bound for
Supply.7
In July 1970, a month or more after Respondent had
picketed Brooklyn 's three stores with unlawful objectives as
found above , Brooklyn received several shipments of parts
consigned to Supply at two of its stores . Thereafter
Brooklyn's president delivered the goods to Supply in
Brooklyn's truck and unloaded the truck . In addition to
occurring after the picketing had been temporarily
enjoined, Brooklyn distributed none of these goods to other
customers of Supply and so did not circumvent the work to
be performed by Supply employees at Supply 's warehouse.
In any case these amounted to nothing more than isolated
incidents . Cf. Seymour Transfer, Inc., 176 NLRB No. 69.
Both before and during the strike , but more often during,
Suffolk has received goods consigned to Supply; and
Suffolk's truck , in the course of its regular daily trip to
Supply , has delivered the goods to Supply. They were
unloaded during the strike the same as before the strike by
Suffolk's driver and a Supply employee . During the strike
Suffolk ordered goods from Supply , which the latter caused
to be shipped from the source directly to Suffolk . This had
occurred prior to the strike , also, but less frequently. It
occurred about six times during the strike . These facts do
not show any substantial amount of work taken from unit
employees ; and at the most they amounted to isolated
incidents , in view of Supply's large volume of business and
the fact that of all the unit work , the dock work occupied
only one employee about one -half time. Cf. Seymour
Transfer, Inc., supra.
6 153 NLRB 1051.
7 Cf Catalano Bros, Inc, 175 NLRB No 74
LOCAL 810, TEAMSTERS
Conclusions: Upon the above facts and considerations
and the entire record in the case considered as a whole I
find and hold that Brooklyn, Nassau, and Suffolk were not
doing "struck work' for Supply such as to make them allies
of Supply and/or such as to deprive them of the protection
of Section 8(b)(4)(i) and (ii)(B) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section III,
above, occurring in connection with the operations of the
companies as set forth 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 thereof.
V. THE REMEDY
Having found that Respondent has engaged in certain
unfair labor practices, I will recommend that it cease and
desist therefrom, and take certain affirmative action
designed to effectuate the policies of the Act.
Upon the basis of the foregoing findings of fact and upon
the entire record in the case, I make the following:
CONCLUSIONS OF LAW
1. Inc., Supply, Brooklyn, Nassau, and Suffolk are each
an employer engaged in commerce within the meaning of
Sections 2(2), (6), and (7) and 8(b)(4) of the Act.
2. Respondent, Local 810, Steel, Metals, Alloys &
Hardware Fabricators & Warehousemen, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, is a labor organization within the
meaning of Section 2(5) of the Act.
3. By picketing the premises of Inc., Brooklyn, Nassau,
and Suffolk with the objects found and set forth in sections
III, B, above, Respondent has violated and is violating
Section 8(b)(4)(i) and (ii)(B) of the Act.
4. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of Section
2(6) and (7) of the Act.
RECOMMENDED ORDER8
Upon the basis of the foregoing findings of fact and
conclusions of law, and pursuant to Section 10(c) of the
National Labor Relations Act, as amended, I recommend
that Respondent, Local 810, Steel, Metals, Alloys &
Hardware Fabricators and Warehousemen, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, its officers, agents, and representa-
tives, shall:
1. Cease and desist from engaging in, or inducing or
encouraging any individual employed by Inc., Brooklyn,
Nassau, and Suffolk and any individual employed by
persons doing business with Inc., Brooklyn, Nassau, and
Suffolk, or any other person engaged in commerce or in an
industry affecting commerce, to engage in a strike or refusal
in the course of their employment to use, manufacture,
process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities or to perform any
617
service; and cease and desist from threatening, coercing, or
restraining Inc., Brooklyn, Nassau, and Suffolk, or any
other person engaged in commerce or in an industry
affecting commerce; where, in either case, an object thereof
is to force or require persons to cease doing business with
Inc., Brooklyn, Nassau, or Suffolk.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Post in conspicuous places at its business offices,
meeting halls, and all places where notices to members are
customarily posted, copies of the attached notice marked
"Appendix."9 Copies of said notice , to be furnished by the
Regional Director for Region 29, shall, after being duly
signed by Respondent's authorized representative, be
posted by Respondent immediately upon receipt thereof,
and be maintained by it for 60 consecutive days.
Reasonable steps shall be taken by Respondent 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 Region 29, for posting by Sid Harvey
Supply, Inc., if willing, at all places where notices to its
respective employees are customarily posted.
(c) Notify said Regional Director, in writing, within 20
days from the date of this Decision, what steps the
Respondent has taken to comply herewith.10
8 In the event no exceptions are filed as provided by Sec. 102 46 of the
Rules and Regulations of the National Labor Relations Board, the
findings, conclusions , recommendations, and Recommended Order herein
shall, as provided in Sec 102.48 of the Rules and Regulations , be adopted
by the Board and become its findings , conclusions , and order, and all
objections thereto shall be deemed waived for all purposes.
8 In the event that the Board's Order is enforced by a judgment of a
United States Court of Appeals, the words in the notice reading "Posted
By Order Of The National Labor Relations Board" shall be changed to
read "Posted Pursuant To A Judgment Of The United States Court Of
Appeals Enforcing An Order Of The National Labor Relations Board "
10 In the event that this Recommended Order is adopted by the Board
after exceptions have been filed , notify said Regional Director , in writing,
within 20 days from the date of this Order, what steps Respondent has
taken to comply herewith.
APPENDIX
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT engage in , or induce or encourage any
individual employed by Sid Harvey Company, Inc., Sid
Harvey Brooklyn Co., Inc., Sid Harvey Nassau, Inc.,
Sid Harvey Suffolk, Inc., or and individual employed by
persons doing business with any of them, or any other
person engaged in commerce or in any industry
affecting commerce , to engage in, strikes or refusals in
the course of their employment to use, manufacture,
process, transport, or otherwise handle or work on any
goods, articles, materials or commodities, or to perform
any services ; or threaten , coerce , or restrain any of the
above-named companies or any other person engaged
in commerce or in an industry affecting commerce;
where in either case an object thereof is to force or
618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
require persons to cease doing business with any of the
above-named companies.
LOCAL 810, STEEL, METALS,
ALLOYS & HARDWARE
FABRICATORS &
WAREHOUSEMEN,
INTERNATIONAL
BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN AND
HELPERS OF AMERICA
(Labor Organization)
Dated By
(Representative) (Title)
This is an official', notice and must not be defaced by
anyone.
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.
Any questions concerning this notice or compliance with
its provisions may by directed to the Board's Office, 16
Court Street, Fourth Floor, Brooklyn, New York 11201,
Telephone 212-596-3535.