Teamsters Local Union No. 408, Etc., 117 (1961)

National Labor Relations Board

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Teamsters Local Union No. 408, Etc., 117 (1961)

DECISION AND ORDER

On February 6, 1961, Trial Examiner Arnold Ordman issued his Intermediate Report in the above-entitled proceeding, 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 Intermediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report and a supporting brief.

Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Rodgers, Leedom, and Brown].

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the entire record in this case, including the Intermediate Report and the exceptions and brief, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations.' ORDER

Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Teamsters Local Union No. 408, International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, its officers, representatives, agents, successors, and assigns, shall:

1. Cease and desist from :

(a) Inducing or encouraging any individual employed by any person engaged in commerce or in an industry affecting commerce, other than Chas. S. Wood & Co., to engage in a strike or a refusal in the course of his employment to perform any services, where an object thereof is forcing or requiring any person to cease doing business with Chas. S. Wood & Co.

3 Chas. S. Wood & Co. urged upon the Trial Examiner that he find the total pattern of conduct violative of the Act because of the Respondent's picketing and conduct at the Company's warehouse and office facilities The Trial Examiner rejected this contention, holding McJunkin Corporation , 128 NLRB 522, Inapposite on the facts . Absent exceptions, we adopt the Trial Examiner' s findings and conclusions in these respects pro forma.

Member Brown would sustain only those alleged violations predicated on the oral appeals and picketing at the Public Service location and he would not, in any respect, rely on a...

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