Local 236, 594 (1971)

Docket Number:09-CD-00241
 
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Local 236, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Maxon Construction Company. Case 9-CD-241

December 15, 1971 DECISION AND ORDER QUASHING

NOTICE OF HEARING

BY CHAIRMAN MILLER AND MEMBERS

FANNING AND JENKINS

This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, following charges filed by Maxon Construction Company on August 13, 1971, alleging that Local 236, affiliated with the International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America, violated Section 8(b)(4)(D) of the Act by picketing with the object of forcing or requiring the assignment of work to its members rather than the job superintendent and Emil Bushey. A hearing was held on September 23, 1971, before Hearing Officer Francis A. Keenan. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing upon the issues.

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 rulings of the Hearing Officer made at the hearing are free from prejudicial error and are hereby affirmed. All parties filed briefs which have been duly considered.

Upon the entire record in this case, the Board makes the following findings:

  1. THE BUSINESS OF THE COMPANY Maxon is an Ohio corporation with its principal offices in Dayton, Ohio, and is a general contractor in the construction industry at various locations throughout the United States. In the course and conduct of its business operations Maxon annually purchases and receives supplies and materials valued in excess of $50,000, directly from locations outside the State of Ohio. Maxon has, at all times material herein, had a contract to perform services valued in excess of $1 million for the Kentucky highway 1 Section 8(b)(4)(D) in material part prohibits picketing with the object of 'forcing or requiring any employer to assign work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, department at its Smithland, Kentucky, operation.

    We find that Maxon is engaged in commerce within the meaning of the Act and it will effectuate the policies of the Act to assert...

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