Peddie Building, 265 (1973)

National Labor Relations Board

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Peddie Building, 265 (1973)

PEDDIE BUILDINGS

Frank Visceglia and Vincent Visceglia, t/a Peddie Buildings and Local 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Case 22-CA-4588

April 27, 1973 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS FANNING,

JENKINS, AND PENELLO On June 15, 1972, Administrative Law Judge' Melvin J. Welles issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering brief.

The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge, as modified herein, and to adopt his recommended Order.' The record reveals, and the Administrative Law Judge found, that the Respondent, Frank Visceglia and Vincent Visceglia, trading as Peddie Buildings (hereinafter sometimes referred to as Peddie), is a limited partnership, in which Frank and Vincent Visceglia are the partners. Peddie, as the owner of certain real estate in one sector of a privately owned industrial park known as Raritan Center in Edison, New Jersey, is engaged in the business of leasing real estate and facilities for warehousing and distribution. At the time the dispute in the instant case arose in April 1971, there were approximately 68 buildings in the Peddie sector. The normal use of Peddle's sector by its tenants were nonretail. However, one tenant, a restaurant, serves all patrons whether they are employed in Raritan Center or not, but it does not in any way advertise as being open to the public. Another tenant, Bambergers, once invited the public to a warehouse clearance sale, but this was an isolated incident and did not recur. In addition, a third tenant, Bathroom Coordinates, invited the public to a sale of bathroom fixtures on several occasions. When this firm refused to discontinue these sales after being warned by Peddie to do so, Peddie did not renew its lease, in 'The title of 'Trial Examiner' was changed to 'Administrative Law Judge' effective August 19. 1972

Z The Administrative Law Judge, in referring to the New Jersey Superior Court's grant of an injunction with respect to the employee picketing in the instant case, comments that ' Itihe fact that the court here seems to have acted much less judicially than the police is only happenstance. and does not change the character of Respondent's initial threat ' As this comment add, nothing to the consideration of the relevant issues in the instant case, we do not adopt it 265 order to retain its sector's nonretail format.

In its leases with its lessees, Peddle has agreed to provide security for its tenants. Guards employed by Peddie are...

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