Local 810, TeamstersDownload PDFNational Labor Relations Board - Board DecisionsApr 5, 1971189 N.L.R.B. 612 (N.L.R.B. 1971) Copy Citation 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. Copy with citationCopy as parenthetical citation