Sales Drivers, Etc.

National Labor Relations Board - Board Decisions

Dec 30, 1954

110 N.L.R.B. 2192 (N.L.R.B. 1954)

2192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. By refusing on May 4 and 11, 1954, and thereafter to bargain collectively
with the above -named labor organization as the exclusive representative of all the
employees in the unit above described , the Respondent has engaged in and is engag-
ing in unfair labor practices within the meaning of Section 8 (a) (5) of the Act.
5. By said refusal to bargain the Respondent has interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in Section 7 of the
Act, and thereby has engaged in and is engaging in unfair labor practices within
the meaning of Section 8 (a) (1) of the Act
6 The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
SALES DRIVERS, HELPERS & BUILDING CONSTRUCTION DRIVERS, LOCAL
UNION 859, OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUF-
FEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL and Assocl-
ATED GENERAL CONTRACTORS OF AMERICA, INC., GEORGIA BRANCH.
Case No. 10-CC49. December 30, 1954
Decision and Order
Upon a charge duly filed on June 28, 1954, by Associated General
Contractors of America, Inc., Georgia Branch, the General Counsel of
the National Labor Relations Board, herein called the General Counsel,
by the Regional Director for the Tenth Region, issued a complaint
dated July 28, 1954, against Sales Drivers, Helpers & Building Con-
struction Drivers, Local Union 859, of International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL,
hereinafter referred to as Respondent, alleging that it has violated Sec-
tion 8 (b) (4) (A) of the National Labor Relations Act, as amended,
by inducing and encouraging employees of various employers to engage
in strikes or concerted 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
service, with an object of forcing such employers to cease doing busi-
ness with Campbell Coal Company, hereinafter referred to as Camp-
bell. Copies of the complaint and notice of hearing were duly served
on the Respondent on or about July 28, 1954. On August 6, 1954, the
Respondent filed its answer to the complaint.
Thereafter, on September 9, 1954, the parties entered into a stipu-
lation setting forth an agreed statement of facts. The stipulation
provided that the parties thereby waive their rights to a hearing, to
the taking of testimony before a Trial Examiner of the Board, to is-
suance of an Intermediate Report, and to the filing of exceptions. The
stipulation further provided that, upon such stipulation, the charge,
affidavit of service of the charge complaint, notice of hearing, affidavit
of service of the complaint and notice of hearing, and the Respondent's
110 NLRB No. 274.
SALES DRIVERS, ETC. 2193
answer, the Board may make findings of fact, and conclusions of
law, and may issue a decision and order as if the same facts had been
adduced in open hearing before a duly authorized Trial Examiner of
the Board.
The aforesaid stipulation is hereby approved and accepted and
made a part of the record in this case. In accordance with Section
102.45 of the National Labor Relations Board Rules and Regulations,
this proceeding is duly transferred to, and continued before, the
Board.
Upon the basis of the aforesaid stipulation and the entire record in
the case, the Board, having duly considered the briefs filed by the
parties, makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Campbell Coal Company is a Georgia corporation with its principal
office and places of business in that State. It is engaged in the whole-
saling and retailing of building materials, including ready-mixed
concrete . During the past year Campbell purchased , and caused to be
shipped to its establishments at Atlanta, Georgia, directly from points
outside of the State of Georgia, materials valued in excess of $1,000,-
000. During the same period , Campbell sold and shipped directly to
points outside the State of Georgia materials valued in excess of
$50,000.
We find that Campbell Coal Company is engaged in commerce
within the meaning of Section 2 (6) and (7) of the Act and that
it will effectuate the policies of the Act to assert jurisdiction in this
case.
II. THE RESPONDENT LABOR ORGANIZATION
Sales Drivers, Helpers & Building Construction Drivers, Local
Union 859, of International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, AFL, is a labor organization
within the meaning of Section 2 (5) of the Act.
HI. UNFAIR LABOR PRACTICES
Campbell operates two ready-mix concrete plants in the Atlanta,
Georgia, area where it employs, among others, truckdrivers who drive
the trucks by which Campbell delivers its ready-mix to various con-
struction sites in that area. These truckdrivers enter and leave the
ready-mix plants several times during the course of each working
day. At the delivery points for the ready-mix, the truckdrivers, at the
direction of the contractors on the job sites, operate the unloading
338207-55-vol. 110-139
2194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mechanisms of the truck so as to place the ready-mix at places and in
receptacles designated and provided by the contractors. A frequent
method of unloading is to pour the mixture into forms so placed that
the mixture, when dry, becomes a part of the structure of the project.
The drivers spend approximately 25 percent of their working time at
the plant, 25 percent enroute, and approximately 50 percent at the
construction sites.
From on or about June 9, 1954, until at least September 8, the date of
the stipulation, the Respondent has been on strike against Campbell
because of the discharge of a number of Campbell's ready-mix truck-
drivers. The Respondent has continuously, at all times material,
picketed Campbell's two ready-mix plants. In addition, the Respond-
ent's pickets have followed some of Campbell's trucks from the ready-
mix plants to various construction projects in the area where Camp-
bell's trucks make deliveries, although the Respondent has no dispute
with any of the contractors on such projects. The pickets carried
signs which read :
Employees of Campbell Coal Company on strike in protest of
discharges against Union employees. Sales Drivers, Helpers and
Building Construction Drivers, Local 859, AFL.
The picketing continued only so long as Campbell's trucks remained
on the construction sites and was confined to the immediate area of
the truck, or as close as the pickets could get without trespassing on
private property. Except by displaying the picket signs, the Re-
spondent's pickets did not communicate with any of the employees
working at the construction projects.
The essential allegation of the complaint is that by picketing the
construction projects, the Respondent induced employees of the neu-
tral employers on the projects to cease work as a means of compelling
such neutral employers to discontinue their business with Campbell,
the primary Employer.
The Respondent defends its picketing of the construction projects
on the ground that such picketing allegedly falls within the area of
permissible conduct recognized by the Board in Moore Dry Dock
Company, 92 NLRB 547, and Stover Steel Service, 108 NLRB 1575.
We find no merit in the Respondent's argument. Upon considera-
tion of all relevant facts in the case, and for the reasons stated in
Washington Coca Cola Bottling Works, Inc., 107 NLRB 299, affirmed
in Thurston Motor Lines, Inc., 110 NLRB 748, we find that the Re-
spondent's picketing of the construction projects was conducted to
force secondary employers located on such projects to cease doing
business with Campbell, by inducing and encouraging the employees
of said employers to engage in a strike in violation of Section 8 (b)
(4) (A) of the Act.
SALES DRIVERS, ETC. 2195
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above, oc-
curring in connection with the operations of Campbell Coal Company,
have a close, intimate, and substantial relation to trade, traffic, and
commerce among the several States and tend to burden and obstruct
commerce and the free flow thereof.
V. THE REMEDY
Having found that the Respondent has violated Section 8 (b) (4)
(A) of the Act, we shall order it to cease and desist therefrom and
take certain affirmative action which is necessary to effectuate the
policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Sales Drivers, Helpers & Building Construction Drivers, Local
Union 859, of International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, AFL, is a labor organization
within the meaning of Section 2 (5) of the Act.
2. By engaging in picketing with an object thereof to force or re-
quire George A. Fuller Construction Company, Southeastern Con-
struction Company, The Flagler Company, Inc., Barge-Thompson
Company, Ira H. Hardin Company, Wesley & Company, Inc., and
Thompson and Street Company to cease doing business with Camp-
bell Coal Company, the Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8 (b) (4) (A) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
Order
Upon the entire record in the case and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that Respondent, Sales Drivers, Help-
ers & Building Construction Drivers, Local Union 859, of Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, AFL, and its officers, agents, successors, and as-
signs shall :
1. Cease and desist from :
(a) Inducing or encouraging employees of George A. Fuller Con-
struction Company, Southeastern Construction Company, The Flag-
1er Company, Inc., Barge-Thompson Company, Ira H. Hardin Com-
pany, Wesley & Company, Inc., and Thompson and Street Company,
338207-55-vol. 110-14 0
2196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or of any other employer, to engage in a strike or concerted refusal in
the course of their employment to perform services for their employ-
ers where an object thereof is to force or require said employers to
cease doing business with Campbell Coal Company.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post at the business offices of Sales Drivers, Helpers & Building
Construction Drivers, Local Union 859, of International Brotherhood
of Teamsters, Chauffeurs, Warehousemen & Helpers of America,
AFL, in Atlanta, Georgia, copies of the notice attached hereto marked
"Appendix A." 1 Copies of said notice, to be furnished by the Re-
gional Director for the Tenth Region, after being duly signed by
official representatives of the Respondent, shall be posted by the Re-
spondent immediately upon receipt thereof, and maintained by it for
a period of sixty (60) consecutive days thereafter in conspicuous
places, including all places where notices to members of Local Union
859 are customarily posted. Reasonable steps shall be taken by the
Respondent to insure that said notices are not altered, defaced, or
covered by any other material. The Respondent shall also sign copies
of the notice which the Regional Director shall submit for posting,
the employers willing, at the Atlanta, Georgia, premises of the em-
ployers listed in "Appendix B."
(b) Notify the Regional Director for the Tenth Region, in writing,
within ten (10) days from the date of this Order, what steps the
Respondent has taken to comply herewith.
MEMBER PETERSON took no part in the consideration of the above
Decision and Order.
1 In the event that this Order is enforced by a decree of a United States Court of Appeals,
there shall be substituted for the words "Pursuant to a Decision and Order" the words
"Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
Appendix A
NOTICE TO ALL MEMBERS OF SALES DRIVERS, HELPERS & BUILDING CON-
STRUCTION DRIVERS, LOCAL UNION 859, OF INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, IVAREHOUSEMEN & HELPERS OF
AMERICA, AFL, AND TO ALL EMPLOYEES OF CAMPBELL COAL COMPANY
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby give notice that :
WE WILL NOT induce or encourage the employees of George A.
Fuller Construction Company, Southeastern Construction Com-
pany, The Flagler Company, Inc., Barge-Thompson Company,
Ira H. Hardin Company, Wesley & Company, Inc., and Thomp-
son and Street Company, or any other employer, to engage in a
A. D. JUILLIARD AND CO. 2197
strike or concerted refusal in the course of their employment to
perform any services for their respective employer, where an ob-
ject thereof is to force or require said employers to cease doing
business with Campbell Coal Company.
SALES DRIVERS, HELPERS & BUILDING CONSTRUCTION
DRIVERS, LOCAL UNION 859, OF INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, AFL,
Union.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Appendix B
George A. Fuller Construction Company
Southeastern Construction Company
The Flagler Company, Inc.
Barge-Thompson Company
Ira H. Hardin Company
Wesley & Company, Inc.
Thompson and Street Company
A. D. JUILLIARD AND Co. and RICHARD ROSINSKI , PETITIONER, and
LOCAL 1308, TEXTILE WORKERS UNION OF AMERICA, CIO. Case No.
3-UD-4. December 30,1954
Decision and Order
On August 17, 1954, the Petitioner filed a petition for referendum
with the Regional Director for the Third Region, seeking withdrawal
of the union-shop authority of Local 1308, Textile Workers Union of
America, CIO. On September 15, 1954, the Regional Director con-
ducted a secret ballot election among the employees involved herein.
Upon the conclusion of the election, a tally of ballots was furnished the
parties in accordance with the Rules and Regulations of the Board.
The tally shows the following results :
Number of eligible voters------ ----------------------------------- 370
Void ballots----------------------------------------------------- 3
Votes cast in favor of withdrawing the authority of the bargaining repre-
sentative to require , under its agreement with the Employer , that member-
bership in such union be a condition of employment----------------- 172
Votes cast against the above proposition----------------------------- 99
Valid ballots counted--------------------------------------------- 271
Challenged ballots--- -------------------------------------------- 0
110 NLRB No. 268.