Teamsters Local Union No. 676, 445 (1972)

TEAMSTERS LOCAL UNION NO. 676

Teamsters Local Union No. 676 and Shell Chemical Company, a Division of Shell Oil Company. Case 4-CP-179

September 29, 1972 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND PENELLO Upon a charge t and amended charge 2 duly filed by Shell Chemical Company, a Division of Shell Oil Company (herein called Shell), against Teamsters Local Union No. 676 (herein called Respondent), the General Counsel of the National Labor Relations Board, by its Regional Director for Region 4, on February 29, 1972, issued and served on the parties a complaint alleging violations of the National Labor Relations Act, as amended. In substance, the complaint alleges that Respondent violated Section 8(b)(7)(C) of the Act by engaging in recognitional picketing at Shell's plant for more than a reasonable period of time without filing a representation petition for a Board election.

Respondent's answer admits certain factual allegations of the complaint but denies the commission of any unfair labor practices.

Thereafter, on May 15, 1972, the parties entered into a stipulation wherein they agreed that certain documents shall constitute the entire record herein,' expressly waived all intermediate proceedings before a Trial Examiner, and submitted this case directly to the Board for its decision and order, reserving to themselves the right to file briefs. By order dated May 22, 1972, the Board approved the stipulation, transferred the proceeding to itself, and set a date for the filing of briefs. Thereafter, briefs were filed by the General Counsel and by Shell.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the entire record herein and the briefs, and makes the following:

The original charge was filed and served on Respondent on January 27, 1972.

1 The amended charge was filed and served on Respondent on February 1, 1972.

3 The stipulated record consists of the charges, complaint, Respondent's answer, the stipulation with attached exhibits, and the transcript from a Sec.

10(l) Federal district court proceeding in this matter FINDINGS OF FACT

I THE BUSINESS OF SHELL

445

Shell, a Delaware corporation, is engaged in the manufacture and nonretail sale of chemicals at its plant located in West Deptford, New Jersey. During the past calendar year Shell, in the course and conduct of its operations, sold and shipped chemicals and related products valued in excess of $50,000 directly to customers located outside the State of New Jersey.

We find that Shell is, and at all times material has been, an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act.

2. RESPONDENTS STATUS AS A LABOR ORGANIZATION The parties stipulated, and we find that Respondent is, and at all material times has been, a labor organization within the meaning of Section 2(5) of the Act.

3. THE ALLEGED UNFAIR LABOR PRACTICES A. The Stipulated Facts For the past 10 years, Catalytic, Inc., has performed maintenance service at Shell's plant. In connection with this work, Catalytic has employed members of various labor organizations to work at the Shell plant, including William Pollinger, a truckdriver and member of Respondent. Catalytic is a party to a collective-bargaining agreement with Respondent.

On December 9, 1971, Catalytic laid off 11 of its employees, including Pollinger, because Shell had increased the amount of maintenance work done by its own employees. However, Catalytic still employs 14 or 15 employees to work at...