Drivers and Chauffeurs local Union No. 816, Etc., 1059 (1960)

DECISION AND ORDER

On February 23, 1960, Trial Examiner John F. Funke issued his Intermediate Report in this proceeding, finding that the Respondent had engaged in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto.

Thereafter, the Respondent, the Charging Party, and the General -Counsel filed exceptions to the Intermediate Report. Briefs were filed by the Charging Party and the General Counsel.

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 [Chairman Leedom and Members Rodgers and Jenkins] .

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 entire record in this case, including the Intermediate Report, the exceptions, and briefs, and hereby adopts the findings,' conclusions, and recommendations 2 of the Trial Examiner.

'In addition to the evidence set forth in the Intermediate Report establishing inducement, we note that Brusco, a driver for Gilbert Carrier, a neutral trucking company, testified without contradiction that when he appeared at ward's delivery entrance to make a pickup on September 2, 1959, lie was told by Wesley, one of the pickets, 'Don't pick ,up, we on [sic] strike.' The General Counsel and the Charging Party except to the Trial Examiner' s finding that the symbol F/AC meant 'for the account of' rather than 'for account ' The record supports this interpretation, and we correct the Intermediate Report accordingly.

2 The General Counsel and the Charging Party also except to that portion of the recommended notice reading 'when we do not represent a majority of such employees in an appropriate unit.' We find merit in this exception and shall substitute for the quoted portion the following statutory language : 'unless and until we are certified as the representative of such employees pursuant to the provisions of Section 9 of the Act.' 127 NLRB No. 130.

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, Drivers and Chauffeurs Local Union No. 816, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, its officers, representatives, agents, successors, and assigns, shall :

1. Cease and desist from picketing the premises of Montgomery Ward and Co., Incorporated, 75 Varick Street, New York, New York, or in any other manner inducing or encouraging the employees of Montgomery Ward and Co., Incorporated, and Gilbert Carrier or any other employer, to engage in a strike or a refusal, 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 services, where an object thereof is (a) to force or require Montgomery Ward and Co., Incorporated, to cease doing business with Sidel Truck Leasing Corporation or (b) to force or require Sidel Truck Leasing Corporation to recognize or bargain with the Respondent as the representative of its employees unless the Respondent has been certified as the representative of such employees pursuant to the provisions of Section 9 of the Act.

2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act :

   (

   1. Post at its business offices at New York, New York, and all other places where notices to its members are customarily posted, copies of the notice attached hereto marked 'Appendix.'' Copies of said notice, to be furnished by the Regional for the Second Region, shall, after being duly signed by a representative of the Respondent, be posted immediately upon receipt thereof and maintained for a period of 60 consecutive days thereafter in conspicuous places, including all places where notices to members 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.

   (b) Mail to the Regional Director for the Second Region signed copies of the aforesaid notice for posting by Montgomery Ward and Co., Incorporated, Gilbert Carrier, and Sidel Truck Leasing Corporation, if willing, at places where they customarily post notices to their respective employees.

   (c) Notify the Regional Director for the Second Region, in writing, within 10 days from the date of this Order, what steps the Respondent has taken to comply herewith.

   3 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.' DRIVERS AND CHAUFFEURS LOCAL UNION NO. 816, ETC. 1061 APPENDIX

   NOTICE TO ALL MEMBERS OF DRIVERS AND CHAUFFEURS LOCAL UNION

   No. 816, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA AND EMPLOYEES OF MONTGOMERY WARD AND CO., INCORPORATED , GILBERT CARRIER, AND SIDEL TRUCK LEASING CORPORATION

   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, as amended, we hereby notify our members that :

   WE WILL NOT establish or maintain a picket line at the premises of Montgomery Ward and Co., Incorporated, at 75 Varick Street,

   New York, New York, nor in any other manner induce or encourage the employees of Montgomery Ward and Co., Incorporated, Gilbert Carrier, or any other employer to engage in a strike or refusal in the course of their employment to perform any services where an object thereof is (1) to force Montgomery Ward and Co., Incorporated, to cease doing business with Sidel Truck Leasing Corporation or (2) to force or require Sidel Truck Leasing Corporation to recognize or bargain with us unless and until we are certified as the representative of such employees under the provisions of Section 9 of the Act.

   DRIVERS AND CHAUFFEURS LOCAL UNION No. 816,

   INTERNATIONAL BROTHERHOOD OF TEAMSTERS,

   CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,

   Labor Organization.

   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.

   INTERMEDIATE REPORT AND RECOMMENDED ORDER

   STATEMENT OF THE CASE

   This proceeding, with all parties represented, was heard before the duly designated Trial Examiner on December 15, 16, 17, and 22, 1959, and January 14, 1960, at New York, New York, upon the complaint of the General Counsel and the answer of the Respondent. The issue litigated was whether or not Drivers and Chauffeurs Local Union No. 816, herein called the Respondent or the Union, violated Section 8(b)(4)(A ) and (B ) of the Act by inducing the employees of Montgomery Ward and Co., Incorporated, herein called Ward, and the employees of truckers and suppliers of Ward to engage in a strike or concerted refusal in the course of their employment to use, manufacture , process, transport, or otherwise handle goods, articles, materials, or commodities to force Ward to cease doing business with Sidel Truck Leasing Corporation, herein called Sidel , and/or to force Sidel to recognize or bargain with Respondent as collective-bargaining representative of the employees of Sidel although Respondent was not certified as such bargaining representative pursuant to Section 9 of the Act. The General Counsel and counsel for the Respondent presented oral arguments and the parties were given until February 15 to file briefs. Briefs were received on that date from the parties.

1. THE BUSINESS OF THE COMPANY Ward maintains its office and principal place of business in Chicago, Illinois. It operates other offices, retail stores, catalogue stores, mail order offices, and distribution centers in various States of the United States, including a place of business at 75 Varick Street, New York, New York. The annual volume of retail sales of Ward is in excess of $200,000,000. During the past year Ward caused to be purchased, transferred, and delivered to its various places of business merchandise valued in excess of $10,000,000. Merchandise valued in excess of $10,000,000 was transported to said places of business in interstate commerce directly from States of the United States other than the States in which said places of business are located.

   Ward is engaged in commerce within the meaning of the Act.

   2. LABOR ORGANIZATION INVOLVED Respondent is a labor organization within the meaning of Section 2(5) of the Act.

   3. THE ALLEGED UNFAIR LABOR PRACTICES A. The facts 1. The employment of the drivers The source of economic consternation and distress to Ward, one of the two largest retail and catalogue sales organizations in the world, in September 1959, was the termination of employment of two delivery truckdrivers, Emil Wesley and Alex Stern. Their termination provoked into multiple legal action the remedial machinery of the National Labor Relations Board, resulting in the proceeding herein as well as companion litigation. Wesley and Stern were terminated on September 1, 1959, when the contract between Ward and Metropolitan Truck Rental Service, herein called Metropolitan, a division of Hertz Corporation, was canceled (Cancellation was effective as of the close of business, August 31, 1959.) Wesley was first employed as a driver at Ward's fashion pool, 75 Varick Street,

   New York, New York, in 1944 or 1945. From that time until September 1,...