Local No. 3, Telephone Workers

National Labor Relations Board - Board Decisions

Apr 29, 1969

175 N.L.R.B. 704 (N.L.R.B. 1969)

704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local No. 3, International Brotherhood of Telephone
Workers and Local No. 5, International
Brotherhood of Telephone Workers and Local No.
23, International Brotherhood of Telephone
Workers and Campanella Corporation. Cases
1-CC-703, I-CC-705, and 1-CC-706
April 29, 1969
DECISION AND ORDER
BY MEMBERS FANNING, BROWN, AND JENKINS
On December 30, 1968, Trial Examiner James F.
Foley issued his Decision in the above-entitled cases,
finding that the Respondents, Local 5 and Local 23,
International Brotherhood of Telephone Workers,
had engaged in certain unfair labor practices and
recommending that they cease and desist therefrom
and take certain affirmative action, as set forth in
the attached Trial Examiner's Decision. He also
found that Respondent Local 3 of the IBTWU had
not engaged in unfair labor practices alleged in the
complaint and recommended dismissal of the
complaint as to Local 3. Thereafter, the General
Counsel and the Charging Party filed exceptions to
the Trial Examiner's Decision, and briefs in support
of their exceptions. Respondent Local 3 filed a brief
in opposition to the General Counsel's exceptions.
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 these cases to a
three-member panel.
The Board has reviewed the rulings of the Trial
Examiner made at the hearing and finds that no
prejudicial error was, committed. The rulings are
hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions and the briefs,
and the entire record in these cases, and hereby
adopts the findings, conclusions, and
recommendations of the Trial Examiner with the
following additions and modifications.
The facts are essentially undisputed and are
related more fully in the Trial Examiner's Decision,
in which he concluded that Respondent Local 5 and
Respondent Local 23 engaged in an illegal
secondary boycott against Campanella Corporation
and thereby violated Section 8(b)(4)(i) and ( ii)(B) of
the Act. The Trial Examiner found, however, that
there was no substantial evidence that Respondent
Local 3 engaged in any picketing, and he
recommended that the complaint be dismissed as to
Local 3. We agree with the Trial Examiner that
picketing by Respondent Local 5 and Respondent
Local 23 violated Section 8(b)(4)(i) and (ii)(B) of the
Act, but we also find that the record adequately
establishes that Respondent Local 3 did engage in
picketing violative of'•the Act.
The New England Telephone and Telegraph
Company and International Brotherhood of
i
Telephone Workers Union, (IBTWU), composed of
25 local unions, have been signatories to
collective-bargaining agreements for many years.' In
conformity with the contracts, the telephone
Company has dealt with the local unions in their
respective areas' in administration of the contracts,
and in accordance with the most recent agreement,
the IBTWU furnished the telephone Company with
a list of persons authorized by Local 3 to represent
IBTWU in the administration of the contract. The
list contained the name Roger Dorr with the title of
executive board 'member of Local 3, and Richard
Avery, shop steward for Local 3.
Campanella Corporation contracts with the
telephone Company for the installation of conduits
and manholes and related work, none of which has
ever been performed by the telephone Company.
Campanella had no dispute with IBTWU or Locals
3, 5, and 23, and has not engaged in any work
normally performed by the telephone Company.
In April 1968, all of the employees of the
telephone Company in the bargaining unit went on
strike. Local 3, as well as Locals 5 and 23, had a
primary dispute with the telephone Company
running concurrently with the International's
primary dispute against it.
In addition to its work in Rhode Island, where
the Trial Examiner found Locals 5 and 23 engaged
in secondary. activity, Campanella had a contract
with the telephone Company to perform work in
Worcester, Massachusetts, which was within the
territorial jurisdiction of Local 3. On April 29, 1968,
a group of Campanella employees reported for work
at the Worcester South Project, and were
confronted by five or six pickets wearing signs
reading "International Brotherhood of, Telephone
Workers on Strike." Foreman Muscatelli called the
Campanella office and was instructed to stop work
in view of the picketing. Again, on May 22, foreman
Muscatelli and his crew were confronted by pickets
wearing similar signs at the jobsite. One of the
pickets said, "Don't order any cement or any
materials because we'll stop your working." In view
of the threat, Muscatelli did not order the cement
but finished working that day. On June 3, foreman
Muscatelli and his crew returned to the site only to
find pickets wearing signs with the same legend. The
captain of the picket line, who identified himself as
"Robert Dore", told Muscatelli if he was going to
work, they would stop him. "Dore"2 then left, but
another picket placed himself in the way of a
machine so it could not be operated. As a
consequence, the Campanella crew stopped working.
On June 17, the Campanella crew returned to the
Worcester South Project and again found pickets
wearing the same signs. Muscatelli had a
conversation with a Dicket by the name of Avery'
'Local 3 covers the Worcester, Massachusetts , area , and Locals 5 and 23
cover the Providence, Rhode Island area.
'The spelling of picket captain "Dore" is as reflected in the record.
'Muscatelli testified that the picket's first name was "Robert or Roger. I
don't remember the first name . Avery was has last name."
I
. 175 NLRB No. 118
LOCAL NO. 3, TELEPHONE WORKERS
who told him not to order any cement because he
was going to get stuck with it. Muscatelli and his
crew had to stop working as a result of the pickets
and the threats.
Contrary to the Trial Examiner, we find that the
General Counsel established a prima facie case
against Local 3. It is clear that Local 3, as well as
the other Locals 5 and 23, had a primary dispute
with the telephone Company, and that all the
members of Local 3 were on strike.' Other locals of
IBTWU engaged in unlawful picketing at
Campanella Corporation jobsites which were located
within their territorial jurisdiction, and the
Worcester South Project was within the territorial
jurisdiction of Local 3, which leads to the
reasonable inference that Local 3 did the picketing
in its jurisdictional area. At the time of the
picketing at Worcester, Local 3's agents, Dorr and
Avery, who were authorized to deal with the
telephone Company, were sufficiently identified by
Campanella's foreman as being at the picket line
and leading the illegal picketing. Respondent Local
3 made no effort to show that these pickets were not
their agents or that they were not the individuals
authorized by Local 3 to represent the IBTWU in
administration of the contract with the telephone
Company. Moreover, in the related injunction
proceeding, Local 3 stipulated that it would not
picket the Worcester area and picketing thereafter
ceased.'
Based on the foregoing, we conclude that
Respondent Local 3 picketed Campanella
Corporation at the Worcester South Project on
April 29, May 22, June 3, and June 17, 1968, in
furtherance of a labor dispute with the telephone
Company, in violation of Section 8(b)(4)(i) and
(ii)(B) of the Act.
ADDITIONAL CONCLUSIONS OF LAW
Respondent Local 3, as well as Respondents
Local 5 and 23, engaged in a strike and induced and
encouraged employees of Campanella to engage in a
strike or a work refusal, or in a refusal to perform
services, in the course of their employment, and
threatened, coerced, and restrained Campanella by
the strike and the inducement and encouragement of
its employees and the instructions and orders it gave
Campanella to cease doing work under its contracts
with the telephone Company, with an object of
forcing or requiring Campanella to cease doing
business with the telephone Company, in violation
of Section 8(b)(4)(i) and (ii)(B) of the Act.
'See Local 513, International Union of Operating Engineers , AFL-CIO
(Zeni-McKinney- Williams Corporation ), 163 NLRB No. 38.
'See, Teamsters Local Union No. 5, affiliated with International
Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers, Ind.,
170 NLRB No. 37.
ORDER
705
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the
Respondents, Local 3, International Brotherhood of
Telephone Workers, Worcester, Massachusetts,
Local 5, International Brotherhood of Telephone
Workers, Providence, Rhode Island, and Local 23,
International Brotherhood of Telephone Workers,
Providence, Rhode Island, their officers, agents, and
representatives, shall:
1. Cease and desist from in any manner or by any
means (including picketing, orders, directions,
instructions, requests, or appeals, however given,
made or imparted, or by any like or related acts or
conduct or by permitting any such acts or conduct
to remain in existence or effect) to induce or
encourage any employee of Campanella Corporation
to engage in a strike or a refusal in the course of his
employment to process, transport, or otherwise
handle or work on any goods, articles or materials,
or to perform any services or to threaten, coerce, or
restrain Campanella Corporation, where in either
case an object thereof is to force or require
Campanella Corporation to cease doing business
with the New England Telephone and Telegraph
Company.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Post in the Respondent's business offices and
meeting halls copies of the attached notices marked
"Appendix A," "Appendix B," and "Appendix C."°
Copies of said notices, on forms provided by the
Regional Director for Region 1, shall, after being
duly signed by the Respondents' authorized
representatives, be posted by Respondents
immediately upon receipt thereof, and be maintained
by them for 60 consecutive days thereafter, in
conspicuous places, including all places where
notices to members are customarily posted.
Reasonable steps shall be taken to insure that said
notices are not altered, defaced, or covered by any
other material.
(b) Notify said Regional Director, , in writing,
within 10 days from the date of this Order, what
steps Respondents have taken to comply herewith.
'In the event that this Order is enforced by a decree of a United States
Court of Appeals , there shall be substituted for the words "a Decision and
Order" the words "a Decree of the United States Court of Appeals
Enforcing an Order."
APPENDIX A
NOTICE TO ALL MEMBERS OF RESPONDENT LOCAL 5,
INTERNATIONAL BROTHERHOOD OF TELEPHONE
WORKERS
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:
706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT induce and encourage the employees
of Campanella Corporation by picketing , appeals,
orders, instructions , threats , or in . any other manner or
by any other means to engage in a strike or a work
stoppage in the course of their employment to force
Campanella Corporation to cease doing business with
the New England Telephone and Telegraph Company;
and
WE WILL NOT threaten , coerce , or restrain
Campanella Corporation by picketing , orders, threats,
instructions or like or related conduct to force
Campanella Corporation to cease doing business with
the New England Telephone and Telegraph Company.
LOCAL 5, INTERNATIONAL
BROTHERHOOD OF
TELEPHONE WORKERS
(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 and New
Sudbury Streets , Boston , Massachusetts 02203, Telephone
617-223-3300.
APPENDIX B
directly with the Board' s Regional Office, 20th Floor,
John F. Kennedy Federal Building , Cambridge and New
Sudbury Streets, Boston , Massachusetts 02203, Telephone
617-223-3300.
APPENDIX C
NOTICE TO ALL MEMBERS OF RESPONDENT LOCAL 3,
INTERNATIONAL BROTHERHOOD OF TELEPHONE
WORKERS
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 induce and encourage the employees
of Campanella Corporation by picketing, appeals,
orders, instructions , threats, or in any other manner or
by any other means to engage in a strike or a work
stoppage in the course of their employment to force
Campanella Corporation to cease doing business with
the New England Telephone and Telegraph Company.
WE WILL NOT threaten, coerce, or restrain
Campanella Corporation by picketing, orders, threats,
instructions , or like or related conduct to force
Campanella Corporation to cease doing business with
the New England Telephone and Telegraph Company.
LOCAL 3, INTERNATIONAL
BROTHERHOOD OF
TELEPHONE WORKERS
(Labor Organization)
NOTICE TO ALL MEMBERS OF RESPONDENT LOCAL 23,
INTERNATIONAL BROTHERHOOD OF TELEPHONE
WORKERS
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 induce and encourage the employees
of Campanella Corporation by picketing, appeals,
orders, instructions, threats, or in any other manner or
by any other means to engage in a strike or a work
stoppage in the course of their employment to force
Campanella Corporation to cease doing business with
the New England Telephone and Telegraph Company;
and
WE WILL NOT threaten, coerce, or restrain
Campanella Corporation by picketing, orders, threats,
instructions or like or related conduct to force
Campanella Corporation to cease doing business with
the New England Telephone and Telegraph Company.
LOCAL 23,
INTERNATIONAL
BROTHERHOOD OF
TELEPHONE WORKERS
(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
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 and New
Sudbury Streets, Boston , Massachusetts 02203, Telephone
617-223-3300.
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
JAMES F. FOLEY, Trial Examiner: These cases; Cases
1-CC-703, 1-CC-705, and 1-CC-706, were brought before
the National Labor Relations Board (herein called the
Board), under Section 10(b) of the National Labor
Relations Act, as amended (herein called the Act), 61
Stat. 136, 73 Stat. 579, against Local 3, Local 5, and
Local 23, affiliated with international Brotherhood of
Telephone Workers (herein called Respondents jointly,
and Local 3, Local 5, and Local 23, severally), by a
complaint issued June 27, 1968, and an answer filed by
the Respondents on July 5, 1968. The complaint is
premised on charges filed by Campanella Corporation
(herein called Campanella) on June 3, 1968, alleging
illegal conduct by Local 3 in Worcester, Massachusetts;
on June 4, 1968, by Local 5 in North Kingston,
Pawtucket and Lincoln, Rhode Island; and on June 6,
1968, by Local 23 in Lincoln-Smithfield, and Cranston,
Rhode Island.
LOCAL NO.. 3, TELEPHONE WORKERS 707
It is alleged in the complaint that Respondent Local 3
picketed Campanella at the South Telephone project,
Worcester, Massachusetts, on April 29, May 22, and June
3 and June 17, 1968; that Respondent Local 5 picketed
Campanella in Rhode Island on June 14, 1968, at the
Green Street project, Providence, and on May 31, 1968, at
the Interstate 295 project, Lincoln, and on June 4, 1968,
at the Park Avenue project, Cranston; and that
Respondent Local 23 picketed Campanella in Rhode
Island on June 4, 1968, at the Green Street project and on
May 31, 1968, at the Interstate 295 project, and on June
4, 1968, at the Park Avenue project.
It is further alleged in the complaint that the picketing
by Respondents was to and did induce and encourage
employees of Campanella to engage in a strike and to
cease performing services in the course of their
employment, and these employees did strike and cease
performing services, and threaten, coerce and restrain
Campanella and other persons engaged in commerce or in
an industry affecting commerce, for the object of forcing
or requiring Campanella and other persons to cease doing
business with the New England Telephone and Telegraph
Company (herein called Telephone Company), and that
this conduct of Respondents constitutes unfair labor
practices violative of Section 8(b)(4)(i) and (ii),
subparagraph (B), of the Act. Respondents by their
answer filed July 5, 1968, denied the allegations in the
complaint of illegal conduct.
A hearing on the complaint and answer was held before
me on October 8 and 9, 1968, in Boston, Massachusetts.
The parties were afforded an opportunity to present
evidence, make oral argument and file briefs.
Respondents, by counsel, moved to dismiss the complaint
when General Counsel completed his case in chief, but
rested upon presentation of the motion, and without
offering evidence in support of their answer denying the
allegations of illegal conduct in the complaint. The motion
was not disposed of by the Examiner and remains
outstanding. Briefs were filed by General Counsel and
Respondents after the close of the hearing.
FINDINGS AND CONCLUSIONS
1. THE BUSINESS OF CAMPANELLA, THE CHARGING
PARTY, AND THE TELEPHONE COMPANY, THE PRIMARY
DISPUTANT
Campanella, with principal office and place of business
in Warwick, Rhode Island, and with seven subsidiary
offices at other locations in Rhode Island and one
subsidiary office in Connecticut, is engaged as a
contractor in the heavy construction industry, particularly
in the installation of manholes and conduits for Telephone
Company in Rhode Island and Massachusetts and in
resurfacing roads in connection with the installation of
manholes and conduits. Campanella purchases annually
construction materials with a value in excess of $50,000,
from sources in States other than the State of Rhode
Island which were shipped to it from locations outside the
State of Rhode Island.
The Telephone Company, a New York corporation,
with principal office at Boston, Massachusetts, is engaged
in providing telephone service in the New England States
except Connecticut. It has gross receipts in excess of
$100,000, annually from services to customers and
subscribers.
Campanella and the Telephone Company are engaged
in commerce within the meaning of Section 2(6) and (7) of
the Act, and each meets the Board's standards for the
assumption of jurisdiction. Assumption of jurisdiction will
effectuate the purposes of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED
Local 3, Local 5, and Local 23 are each labor
organizations within the meaning of Section 2 (5) of the
Act.
III. THE UNFAIR LABOR PRACTICES
A. Undisputed and Uncontradicted Facts
The Telephone Company and the International
Brotherhood of Telephone Workers Union (herein called
IBTWU) have a history of collective bargaining that
extends over many years. The IBTWU has 25 local union
affiliates. While the IBTWU is the only employee
representative signatory to the collective-bargaining
agreement with the Telephone. Company (herein called the
Contract), the latter, as its various facilities throughout
New England, and pursuant to the Contract, deals with
IBTWU'S local union affiliates for their respective areas
concerning the administration of the Contract as it affects
these areas.' The Contract makes specific reference to the
local union's participation in the processing and
adjustment of grievances, and the transfer of employees.
So that the Telephone Company may know with whom it
must deal at the local levels in the administration of the
Contract, Article 34.03 of the Contract requires the
IBTWU to keep the Telephone Company "currently
informed . . . of the names of the Union representatives
(a) who are authorized to represent the Union in meetings
with the Company representatives ...." The officers and
representatives of the 25 local unions are employees of the
Telephone Company and are in the bargaining unit. The
IBTWU and the affiliated locals represent only employees
employed by.the Telephone Company.
For approximately 6 or 7 years, Campanella has been
installing underground conduits and manholes for the
Telephone Company. This type of work encompasses the
excavation of the ground preliminary to laying the
conduits, i.e., pipes that are used to house telephone
cables, the actual placing of the conduits in the trenches,
backfilling the trenches, and then restoring the streets with
temporary and permanent asphalt patch. None of this
work has ever been performed by the Telephone
Company. Campanella's employees are represented by
various labor organizations depending upon the trade of
the employees, in particular, the Laborers Union, the
Teamsters Union, Operating Engineers and Carpenters
Union. During the months of April, May and June 1968,
Campanella had several contracts with the Telephone
Company for the installation of conduits and manholes.
The work locations were in Worcester, Massachusetts,
and in Rhode Island. In Rhode Island they were in North
Kingston, Cranston,-Lincoln, and Providence.
In the spring of 1968, the Contract was reopened,
pursuant to the required. notice, for the purpose of
negotiating a change in wage schedules. In support of its
bargaining position, IBTWU called a strike, and the
'Local 3 covers the Worcester area and Locals 5 and 23 the Providence,
Rhode Island area . Local 23 members are women clericals employed by
the Telephone Company. The record is corrected to show the spelling of
Witness Giovanni Mazzenga 's last name as Mazzenga and not Mazzanga,
and the spelling of Witness Victor Anthony Rudowski 's last name as
Rudowski and not Reudowski.
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the Telephone Company, including the
officers and representatives of the 25 locals , engaged in a
work stoppage from April 26, 1968 , to September 2, 1968.
Locals 3 , 5, and 23 admitted that the dispute of the
IBTWU with the Telephone Company constituted a
dispute between them and the Telephone Company.
Agreement was reached between the Telephone Company
and IBTWU on September 2, 1968.
B. Evidence of Illegal Secondary Boycotts
On April 29, 1968, Campanella was doing work under
contract with the Telephone Company in South Worcester
at Commercial and Mechanic Streets with approximately
10 employees. The 10 included a foreman, 6 laborers, 2
truck drivers, and 1 backhoe operator. When this crew
reported for work at approximately 8 a.m., on April 29,
there were five or six pickets at the jobsite wearing picket
signs bearing the legend " International Brotherhood of
Telephone Workers on Strikes' Foreman Muscatelli
called Campanella's office in Warwick, Rhode Island, and
was instructed to stop work at this location.
Three weeks later, about May 22, 1968, Foreman
Muscatelli and his crew returned to this jobsite to
complete the work they were doing on April 29. About 10
a.m., 2 hours after they began to work, five or six pickets
arrived at the jobsite and picketed wearing signs with the
legend that was on the signs used on April 29. One of the
pickets said, "Don't order any cement or any materials
because we'll stop you working." Muscatelli did not order
any cement, but had his crew work that day.
On or about June 3, 1968, Foreman Muscatelli and his
crew again appeared at the jobsite. The same number of
pickets wearing signs with the same legend were present.
Foreman Muscatelli testified that the captain of the
pickets, who identified himself as Robert Dore, told
Muscatelli that if he was going to work, they were going
to stop him.' Dore then left the jobsite but one of the
pickets placed himself in back of the backhoe machine so
it could not be operated to excavate a trench. Muscatelli
and his crew thereupon stopped working. On or about
June 17, 1968, they returned to the jobsite, and found
pickets there wearing the same signs. Muscatelli testified
that one of the pickets, who identified himself by the last
name of Avery and the first name of Robert or Roger'
told him not to order any cement because if he did he was
going to be stuck with it. He also told him that if he
ordered it he would notify the Teamster's Local, the
Engineers , the Laborers Union, and the Carpenters.
Muscatelli and his crew then stopped working.
'On June 25, 1968, General Counsel filed in the United States District
Court for Massachusetts a petition for a temporary injunction under
Section 10(1) of the Act restraining Local 3 from picketing and engaging in
other conduct against Campanella in connection with its work for the
Telephone Company pending a Board decision in Case 1-CC-703 On July
15, 1968, General Counsel and Local 3 stipulated that Local 3 would not
engage in the conduct sought to be restrained pending a Board order in
Case 1-CC-703 On June 17, 1968, General Counsel filed a similar petition
in the United States District Court for Rhode Island seeking to restrain
Locals 5 and 23 from the same conduct against Campanella in Rhode
Island . On July 9, 1968 , Locals 5 and 23 and General Counsel stipulated
that Locals 5 and 23 would not engage in the conduct sought to be
restrained pending the Board 's decision in Cases I -CC-705 and 706.
'As stated supra , article 3403 of the contract requires IBTWU to
inform the Telephone Company of the names of persons authorized to
represent it in the administration of the Contract at local levels . In a letter
dated January 16, 1968, on the letterhead of Local 3, with address of 29
Pearl Street , Worcester, Massachusetts , President James A. Mulvey of
Local 3 informed Owen G. Sullivan , Chairman Plant Bargaining
There were no employees of the Telephone Company
on this jobsite on April 29, on or about May 22, or on or
about June 3 and June 17, 1968, when Foreman
Muscatelli and his crew attempted to do the work
Campanella had contracted to do at this jobsite for the
Telephone Company.'
On April 27, 1968, about 8 a.m., Giovanni Mazzenga, a
working foreman for Campanella, and a crew of
Campanella's employees, began a temporary asphalt patch
at a jobsite in North Kingston, Rhode Island. About 8:15
a.m., two men appeared wearing signs with the legend
that Locals 5 and 23 were on strike against the Telephone
Company. Mazzenga asked them to let the crew finish the
job. They refused. One of them said that "If you guys
don't go away, I'll call 50 more men." Mazzenga than left
with his crew. On May 1, 1968, Campanella Foreman
Victor Rudowski and a crew of five, went to the same
North Kingston jobsite to install the temporary patch that
Foreman Mazzenga and his crew had attempted to install
on April 27, 1968. They arrived at the jobsite at
approximately 2:30 p.m. Shortly after they began
working, two men drove up in an automobile, and told
Rudowski they were members of the Telephone Workers
Union and on strike, and wanted him and his crew to stop
working. They stopped working. Rudowski attempted to
telephone his office for instructions but could not reach
anyone at the office. Rudowski asked the two men if he
and his crew could put down the two loads of asphalt
instead of throwing it away. He followed one of them to a
nearby police station. When he arrived at the station, the
person he followed was talking on the telephone. Upon
seeing Rudowski, this person said to him that the other
person on the telephone, a Mr. Radican, a member of the
Union, wanted to talk with him. The person on the other
end of the telephone said to Rudowski to finish what he
graded for asphalt and then stop, and not do around the
manholes until further notice. Rudowski testified that he
Committee for the Telephone Company , that " in accordance with Article
34 of the Contract the attached is a list of authorized Union
Representatives for Local 3 , International Brotherhood of Telephone
Workers " Lists were attached to the letter They included the names of
Local 3's officers , including Mulvey and the names of executive board
members and stewards , of Local 3 , and other persons authorized by Local
3 to speak or act on behalf of IBTWU in the administration of the
contract . On each of the lists attached to Mulvey 's letter was the name of
Roger Dorr with the identification of executive board member
'The name of Richard Avery, identified as shop steward , appeared on
the lists of persons authorized by Local 3 to act on behalf of IBTWU
which were sent to Chairman Sullivan of the Telephone Company's
bargaining committee by President Mulvey of Local 3 on January 16, 1968
'As stated supra , Respondents did not present a case in chief in its
defense against the complaint . They rely on cross-examination of General
Counsel 's witnesses, and the position that General Counsel has not proved
by preponderance of the evidence that Respondents engaged in illegal
conduct . They contend that General Counsel 's evidence does not show that
Respondent Local 3 picketed Campanella in Worcester or that
Respondents Local 5 and 23 picketed Campanella in North Kingston,
Cranston, Lincoln , or Providence , Rhode Island or that the picketing was
secondary and not primary against Campanella for doing work that the
Telephone Company would be doing if its employees were not strike
Although Respondent 's Counsel cross-examined at length in an effort to
establish that Campanella 's work in Worcester , Massachusetts , and Rhode
Island included "struck work" as described above , no evidence was
uncovered by his efforts to disclose that Campanella was engaging in this
type of work which would include work ordinarily done by Telephone
.Company employees such as splicing , lineman work , or contract
inspection . Quantities of work were done in addition to what was specified
in the contracts , but it was not known the additional work would be
necessary until Campanella actually began working . There were provisions
in the contracts for compensating Campanella for this additional work.
LOCAL NO. 3, TELEPHONE WORKERS
later learned that Radican was president of Local 5.6
On or about Jung 14, 1968, at 8 a.m., Foreman
Mazzenga , and his crew , returned to this jobsite and
began ;working. At 10:30 a.m., some pickets arrived
wearing signs identical to those the pickets wore on April
27, 1968. They bore the, names of Locals 5 and 23. One of
the pickets said, "You got to go." Mazzenga and his crew
thereupon discontinued work, and left.
On June 4, 1968, the same, Giovanni Mazzenga was
working with his crew at the Park Avenue project, in
Cranston, Rhode Island , installing a permanent asphalt
patch. At about 11:30 a.m,, they were encircled by
approximately 9 :or 10 pickets who were wearing signs
similar to those that were worn at the North Kingston
project. In answer to Mazzenga's question as to what was
the matter, they replied, "You know the Telephone is on
strike . . . . You guys got to go." Upon hearing this,
Mazzenga and his crew stopped working and left.
On May 31, 1968, Campanella was doing work on a
bridge in Lincoln, Rhode Island , for the State of Rhode
Island . At 11 a.m., on that day, George Damiano, Project
Manager for Campanella, learned from the Campanella
radio dispatcher that there was trouble at the bridge.
Upon arriving at the bridge site , he saw two pickets
standing in front of a ready-mix truck at the east end of
the bridge and two more pickets at the west end of the
bridge. They wore signs which bore legends, "Local 5 and
23 On Strike." Damiano warned the pickets that they
were trespassing on private property and called the police
department. The latter removed them at approximately
1:45 p.m. There were no employees of the Telephone
Company anywhere on the bridge. No work that
Telephone Company employees do was being done on the
`General Counsel offered in evidence through Witness Owen G. Sullivan,
chairman of Telephone Company' s bargaining committee , a document with
attachments that Sullivan received from IBTWU listing names of Local 5
officers authorized to meet with the Telephone Company on behalf of
IBTWU. The document is a copy of a form letter dated December 27,
1967, on the letterhead of IBTWU carrying the names of Gerald J. Walsh,
president , and Donald J. Doherty, secretary-treasurer , addressed to all
local union presidents . It reads.
Dear Sir and Brother:
Kindly fill in below the names and title of office held of those officers
who are to meet with the Company , as designated in Article 34, and
return to the I.O. as soon as possible.
Fraternally yours,
s/Donald J . Doherty
Donald J Doherty
International Secretary-Treasurer
The copy of the form letter offered in evidence by General Counsel
through Sullivan , and received in evidence , has below Doherty's signature
the identification "L U. 5," and two headings "Name" and "Title of
Office." Under the headings are the names James F. Kiley with his title of
conference board member , Kenneth R. Mara with his title of conference
board member, and Joseph E. Radican with his title of president. Attached
to this copy of the ' form letter is a list on the letterhead of Local 5, which
includes the address of P. 0 Box 1149 , Providence , Rhode Island, of the
elected and qualified officers of Local 5 for 1967-1968. This list includes
the names of Radican , Mara , and Kiley, with the titles stated above, and
Thomas P. McHugh with the title of executive board member.
Owen G. Sullivan , the chairman of the Telephone Company's bargaining
committee , received from IBTWU a copy of the form letter to all of its
locals with the date thereon of December 27, 1967, and signed by
International Secretary-Treasurer Doherty described above on which is
stated the identification of L.U 23 and the names of Maureen E. Reilly,
president; Anna Rotella , vice president; Mary Imondi , financial secretary;
Barbara Taylor , recording secretary ; and Gail Hampton , executive board.
Attached to the letter is a list of officers of Local 23 for 1968. It includes
the names filled in on the form letter and additional names of four more
executive board members . All have Rhode Island addresses . Apparently,
the latter four were not authorized to speak for IBTWU.
709
bridge.
On June 13, 1968, Aroldo Mazzenga, a Campanella
working foreman, and a crew of six Campanella
employees, were doing work for Campanella under a
contract it had with the Telephone Company, on Green
Street in Providence, Rhode Island. He and his crew
reported to work at about 7:30 a.m. At approximately
9:30 a.m., approximately seven pickets appeared at the
jobsite wearing signs with the legend that Locals 5 and 23
of IBTWU were on strike. The captain of the picket line,
a Kenneth Mara, told Mazzenga that he could not work
on the telephone job at this location. Mazzenga and his
crew left, and did not attempt to resume their work until
the following day. When they reported that morning for
work, the same number of pickets were present wearing
signs, "International Brotherhood of Telephone Workers,
Locals 5 and 23 on Strike." These signs were identical in
content to the signs the previous day. Mazzenga asked
who was in charge, and one of the pickets identified
himself as Tom McHugh, Captain of the picket line.
McHugh told Mazzenga, "You aren't supposed to be
working on this job." Mazzenga, pursuant to
authorization from Campanella, stopped working. On
neither of the two days, were any Telephone Company
employees on the job. Campanella was not performing
work of Telephone Company employees such as lineman
work, splicing, or contract work inspection.
Analysis and Findings and Conclusions of Fact and
Law
The evidence clearly shows that Campanella, a
contractor which had contracted with the Telephone
Company to do work of building manholes and conduits,
and resurfacing and related work in Massachusetts and
Rhode Island in connection with the Telephone
Company's furnishing of telephone service to these areas
or through these areas was picketed in Worcester, and
North Kingston, Lincoln, Cranston, and Providence,
Rhode Island , when doing work under its contracts with
the Telephone Company during a primary strike by
IBTWU against the Telephone Company in support of its
position in the primary dispute it was having with the
Telephone Company. By their own admission, Locals 3, 5
and 23 had a primary dispute with the Telephone
Company running concurrently with IBTWU's primary
dispute against it . IBTWU's primary strike lasted from
April 26, 1968, until September 2, 1968. The picketing
was discontinued in Worcester on or about July 15, 1968,
after Local 3 stipulated with the General Counsel that it
would not picket Campanella or engage in other
secondary activity against it in Worcester, Massachusetts,
until a Board decision was issued in 1-CC-703, and was
discontinued' in Rhode Island on or about July 9, 1968,
after Locals 3 and 23 stipulated with General Counsel
they would not picket Campanella or engage in other
secondary activity against it in Rhode Island until a Board
decision was issued in Cases 1-CC-705 and 706.
Campanella had no dispute with IBTWU or Locals 3, 5
or 23, and was not engaged in any work the employees of
the Telephone Company would have done, but for the
strike. Moreover, it had no collective-bargaining relations
or any other business with IBTWU or Locals 3, 5, or 23.
Its employees were not represented by any of these labor
unions . None of the Telephone Company's employees
were on the jobsites when Campanella was picketed, and
ordered to stop work or not to pour asphalt. The picket
line captain or leader or one of the pickets told the
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Campanella foreman and his crew at each of the jobs
picketed to stop work or they would stop the work. On
one occasion at the North Kingston project two men
drove up and ordered Campanella ' s foreman to stop
working.
So here were employees of a neutral employer
(Campanella) induced and encouraged (by picketing and
threats) to cease doing work for Campanella to force
Campanella to cease doing buisness with the Telephone
Company, a primary disputant with IBTWU and Locals
3, 5 and 23. In addition , the foreman of Campanella were
threatened , coerced and restrained (by the picketing and
the instructions and orders) to stop doing the work
Campanella was doing for the Telephone Company to
force Campanella to cease doing business with the
Telephone Company. This conduct constitutes a classic
secondary boycott violative of Section 8(b)(4)(i) and (ii)(B)
of the Act.' The question is whether Respondents engaged
in the proscribed conduct.
On April 29, 1968, at Worcester, Massachusetts, the
pickets wore picket signs bearing the legend,
"International Brotherhood of Telephone Workers on
Strike." There was no identification of Local 3 on the
picket signs. Nothing was said by the pickets, and there
was no identification on automobiles , clothing or
elsewhere disclosing any connection with Local 3. The
same circumstances were present when the picketing took
place on or about May 22 except that one of the pickets
instructed Foreman Muscatelli not to order anything
under the threat of stopping the work. When the picketing
took place on or about June 3, the same picket signs used
on April 29, were used , but the picket line captain
identified himself as Robert Dore. On or about June 17,
there were the same picket signs and one of the pickets
identified himself as Robert or Roger Avery.
There are the names of Roger Dorr with a Worcester
address, and the title of Executive Board member of Local
3, and Richard Avery with an address in Leicester,
Massachusetts, and the title of Job Steward, on the list of
persons authorized by Local 3 to act on behalf of IBTWU
in the administration of the Contract which Local 3 sent
to the Telephone Company on or about January 16, 1968.
Counsel for the General Counsel argues that the picket
line captain who identified himself as Robert Dore is the
Roger Dorr, Executive Board member of Local 3, on the
January 16 list, and that the picket who identified himself
as Robert or Roger Avery is the Richard Avery, Shop
Steward of Local 3, on the January list.
There is no evidence of record, for example,
constitution and by-laws of IBTWU or Local 3, showing
the interrelationship between IBTWU and Local 3 or
other locals affiliated with IBTWU except that the locals
and IBTWU represent or have as members only
employees of the Telephone Company, and that the
employees of the Telephone Company are members of
IBTWU as well as the locals. Nor is there evidence of the
extent of Local 3's autonomy separate from IBTWU, or
the extent of its dependence on, or control by, IBTWU, or
evidence of conditions under which conduct by IBTWU is
'NL.R. B v. Denver Building and Construction Trades Council, 341,
U.S. 675, N.L.R.B. v. Bangor Building Trades Council, 278 F 2d 289
(C. A. 1); Intl. Brothd Teamsters, etc., Local 182 (Jay K. Independent
Lumber Company), 108 NLRB 1323, enfd . 219 F.2d 394 (C.A. 1); N.L.R.B.
v. Plumbers Union of Nassau County, Local 457, 299 F. 2d 497 (C.A. 2);
NLR.B. v. Local 294, Teamsters, 298 F.2d 105 (C.A. 2); N.L.R.B
v. Intl. Hod Carriers, etc., Local No. 1140 (Gilmore Construction Company),
285 F .2d 397 (C.A. 8), enfg. as modified 127 NLRB 541, cert. denied 366
U.S. 903
the conduct of Local 3 except where Local 3 is acting as
agent for IBTWU under the Contract in the processing of
grievances or in the transfer of a Telephone Company
employee from one area to another within the area of the
Contract.
On the evidence of record, there is the possibility that
Local 3 did not participate in the picketing at Worcester,
Massachusetts , and that a Robert Dore, and not Roger
Dorr and a Robert or Roger Avery and not Richard
Avery, were the picket line captain and the picket, and
that these men were acting only on behalf of IBTWU, the
International , and not on behalf of Local 3. I make this
ruling mindful of the fact that Local 3 did not present any
case in chief and rested after moving to dismiss the
General Counsel's case, and in N.L.R.B. v. A.P.W.
Products Co., 316 F.2d 899, 903 (C.A. 2), the Respondent
did not present a case in chief.'
For these reasons, I find and conclude that although the
evidence shows IBTWU engaged in the picketing and
accompanying conduct in April, May, and June , 1968, at
the site in Worcester where Campanella was doing work
for the Telephone Company, and Local 3 may well have
engaged in this conduct , there is no substantial evidence
that Local 3 engaged in this conduct. IBTWU is not
named in the complaint as a party Respondent . I shall
recommend dismissal of the complaint insofar as it alleges
illegal conduct against Local 3.
In the case of the picketing at North Kingston,
Cranston, Lincoln and Providence, Rhode Island, the
pickets wore signs bearing the legend that Locals 5 and 23
were on strike .' In connection with the demands to stop
work made by two men on May 1, 1968, to Foreman
Rudowski and his crew at the North Kingston project, one
of the men talked to a person over the telephone in regard
to Rudowski's request that he be permitted to put down
the asphalt he had available, and in the midst of his
conversation turned the telephone over to Rudowski
saying that Mr. Radican , a member of the Union , wanted
to talk to him. This latter person told Rudowski he could
put down the asphalt he had waiting , but not to start any
new work.
The tone of the order given by the person to Rudowski
over the telephone disclosed he was acting with authority
in connection with the strike . This evidence , and his
identification as Mr. Radican by one of the men who
stopped Campanella's work at the North Kingston project
on May 1, is evidence that he is Joseph E . Radican,
president of Local 5, as identified on the list of Local 5
representatives authorized to act for IBTWU sent to the
Telephone Company by IBTWU, when considered in the
context of the record as a whole, including the evidence
that the picket signs worn by the pickets at the North
Kingston project on April 27, 1968, and on dates after
May 1, 1968, bore the legend that Local 5 and 23 were on
strike.
Upon the record as a whole, I conclude and find that
Kenneth Mara, the captain of the pickets wearing signs
that Locals 5 and 23 were on strike at the project of
Campanella in Providence , Rhode Island on June 13,
1968, is the Kenneth R. Mara, conference board member
of Local 5, as identified on the list of Local 5
'Neither did Respondent in that case move to dismiss
'The activity of Locals 5 and 23 against Campanella at North Kingston
is not alleged in the complaint . However , counsel for Respondents
cross-examined General Counsel's witness Mazzenga in connection with his
testimony about the picketing at this project, and did not object to the
receiving in evidence of the testimony of the North Kingston activity. I
consider the issue to have been litigated
LOCAL NO. 3, TELEPHONE WORKERS
representatives authorized to act for IBTWU sent to the
Telephone Company by IBTWU. For the same reasons, I
conclude and find that the Tom McHugh in charge of the
pickets with the same signs on the following day at this
project is the Thomas P. McHugh, executive board
member of Local 5, as identified on the list of Local 5
representatives sent to the Telephone Company by
IBTWU.
The identification of Radican, Mara and McHugh as
officials of Local 5, the legend on the picket signs worn at
the Campanella projects in North Kingston, Cranston,
Lincoln, and Providence, that Local 5 and 23 were on
strike, and the instructions and orders that were given to
Campanella in connection with the picketing, and the
evidence that Local 5 had a dispute with the Telephone
Company but not with Campanella, constitute a prima
facie case against Local 5 that it engaged in conduct to
induce and encourage employees of Campanella in Rhode
Island to engage in a work stoppage in the course of their
employment and threatened, coerced, and restrained
Campanella to force Campanella to cease doing business
with the Telephone Company. Rhode Island is Local 5's
jurisdiction.
I therefore deny Respondent Local 5's motion to
dismiss premised on the ground that General Counsel's
evidence fails to state a puma facie case against it. I also
find that the evidence of record in view of Respondent
Local 5's failure to offer evidence to meet General
Counsel's case is evidence that if it did present evidence it
would have been adverse to it, and in favor of General
Counsel' s case .10 On the record as a whole I find that the
preponderance of the evidence shows that Respondent
Local 5 violated Section 8(b)(4)(i) and (ii)(B) of the Act.
I find from the record as a whole as discussed above,
and the presence of the,,name of Local 23 along with the
name of Local 5, p`n the picket signs used in the picketing
against Campanella" in Rhode Island that Local 23, a
clerical union of women employees of the Telephone
Company, in Rhode Island , was engaged in a joint
venture with Local 5 in the illegal conduct engaged in by
Local 5 and described above." Local 5 provided the
muscle for the venture. Local 23, like Local 5, was having
a primary dispute with the Telephone Company. It had no
dispute with Campanella-. I find that General Counsel's
evidence shows a prima facie case against Local 23. I,
therefore, deny Local. 23's motion to dismiss. I also find
that on the record as a whole , including Respondent Local
23's failure to offer evidence in support of its denial of the
allegations of the complaint" that it engaged in an illegal
secondary boycott against Campanella, the preponderance
of the evidence shows that Respondent Local 23 engaged
in the illegal secondary boycott against Campanella
proscribed by Section 8(b)(4)(i) and (ii)(B) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondents Local 5 and Local 23 set
711
forth in section III, above, in connection with the
operations of the Telephone Company and Campanella
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.
V. THE REMEDY
Having found that Respondents Local 5 and Local 23
have violated Section 8(b)(4)(i) and (ii)(B) of the Act, I
shall recommend that it cease and desist therefrom, and
take certain affirmative action necessary to effectuate the
policies of the Act.
Upon the foregoing findings and conclusions and upon
the record in this case, I make the following.
CONCLUSIONS OF LAW
1. The Telephone Company and Campanella are
engaged in commerce within the meaning of Section 2(6)
and (7) of the Act, and Respondents Local 3, Local 5, and
Local 23 are labor -organizations within the meaning of
the Act.
2. Telephone Company and Campanella are persons
engaged in commerce or in industry affecting commerce
within the meaning of Sections 8(b)(4)(i) and (ii)(B) and
501(1) of the Act.
3. Respondents Local 5 and Local 23 engaged in a
strike and induced and encouraged employees of
Campanella to engage in a strike or a work refusal, or in
a refusal to perform services, in the course of their
employment, and threatened, coerced, and restrained
Campanella by the strike and the inducement and
encouragement of its employees and the instructions and
orders it gave Campanella to cease doing work under its
contracts with the Telephone Company, and to cease
doing work it was doing for the State of Rhode Island,
for an object of forcing or requiring Campanella to cease
doing business with the Telephone Company, in violation
of Section 8(b)(4)(i) and (ii)(B) of the Act.
4. The aforesaid unfair labor practices affect commerce
within the meaning of Section 2(6) and (7) of the Act.
5. The preponderance of the testimony and other
evidence does not disclose that Local 3 has engaged in the
unfair labor practices alleged against it in the complaint,
and the complaint insofar as it alleges unfair practices
against Local 3 should be dismissed.
[Recommended Order omitted from publication.]
'"See N L R B v. A P W Products Co, 316 F 2d 899, 903, (C.A 2),
and Interstate Circuit , Inc v U S , 306 U S 208, 225-226.
"Selby Battersby and Co., et al v . N L.R B , 259 F 2d 151 (C A. 4),
cert. denied 359 U S. 952
'See cases cited fn 9.