Teamsters, Local 804, 1167 (1972)

TEAMSTERS, LOCAL 804

Local 804, Delivery and Warehouse Employees, International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America and B. F.

Goodrich Company. Case 29-CC-298 ,

October 30, 1972 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS FANNING AND

JENKINS

On June 6, 1972, Administrative Law Judge I Abraham H. Mailer issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief, Respondent filed a brief in opposition to the General Counsel's exceptions, and the Charging Party filed a brief in support of the General Counsel's exceptions.

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 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 and to adopt his recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as' its Order the recommended Order of the Administrative Law Judge and hereby orders that the complaint be, and it hereby is, dismissed in its entirety.

1 The title of 'Trial Examiner' was changed to 'Administrative Law Judge' effective August 19, 1972.

1167 each of various facilities or yards of the Baltimore and Ohio Railroad, herein referred to as B & 0, on occasions when employees of Byrnes Express and Trucking Co., Inc., herein called Byrnes, were present to load Goodrich's goods and materials on Byrnes' trucks, in violation of Section 8(b)(4)(i) and (u)(B) of the National Labor Relations Act, as amended (29 U.S.C. Sec. 151, et seq.), herein called the Act. In its duly filed answer, the Respondent denied any violations of the Act and alleged affirmatively that Goodrich, B & 0, and Byrnes have attempted to have, and have had, employees of B & 0 and Byrnes perform work which is normally performed in Goodrich's premises by Goodrich's employees represented by the Union. Pursuant to notice, a hearing was held before me at Brooklyn, New York, on March 22, 1972.

All parties were represented at the hearing and were afforded full opportunity to be heard, to introduce relevant evidence, to present oral argument, and to file briefs with me.

Briefs were filed on and before May 1, 1972. Upon consideration of the entire record, the briefs, and upon my observation of each of the witnesses, I make the following:

FINDINGS OF FACT

I THE BUSINESS OF THE CHARGING PARTY

Goodrich is, and has been at all times material herein, a corporation duly organized under, and existing by virtue of, the laws of the State of New York. At all times material herein, Goodrich has maintained its principal office and place of business at 2455 Forest Avenue, in the Borough of Staten Island, city and State of New York, herein variously called the Staten Island Distribution Center or warehouse, where it is, and has been at all times material herein, engaged in the wholesale sale and distribution of tires and related products. During the year preceding the filing of the complaint, which period is representative of its annual operations generally, Goodrich, in the course and conduct of its business operations sold and distributed at its Staten Island Distribution Center products valued in excess of $50,000, of which products valued in excess of $50,000 were shipped from said place of business in interstate commerce directly to States of the United States other than the State in which it is located and in foreign commerce to foreign countries.

II THE LABOR ORGANIZATION INVOLVED

TRIAL EXAMINER'S DECISION ABRAHAM H. MALLER, Trial Examiner: On December 9, 1971, B. F. Goodrich Company, herein called Goodrich, filed a charge against Local 804, Delivery and Warehouse Employees, International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America, herein variously called the Respondent or the Union. Upon said charge, the Regional Director for Region 29 of the National Labor Relations Board, herein called the Board, on December 30, 1971, issued on behalf of the General Counsel a complaint against the Respondent, alleging that Respondent had a labor dispute with Goodrich concerning the terms and conditions of.a new collective-bargaining,agreement for Goodrich's warehouse employees; that thereafter the Respondent authorized and established a picket line at Local 804, Delivery and Warehouse Employees, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is, and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act.

III THE ISSUE

Whether Byrnes was a neutral employer.

IV THE ALLEGED UNFAIR LABOR PRACTICES

1. The Facts The Union represents Goodrich's warehouse employees employed at its Staten Island Distribution Center, and 199 NLRB No. 185 has been engaged since October 20, 1971, in a lawful primary strike over the terms of a new contract for such employees. The warehouse is adjacent to a B & 0 freight yard, called the Arlington Yard. A railroad spur runs from the yard to the rear of the warehouse. There is a truck loadingunloading dock at the front entrance of the warehouse. In the ordinary course of its operations, Goodrich receives railroad shipments of tires and related products which are brought through the spur to the rail dock by B & O. The freight cars are then unloaded and the freight is moved into the warehouse for storage by Goodrich warehouse employees. Merchandise is stored at, and distributed from, the warehouse for both domestic and foreign (export) delivery.

   Goods destined for delivery within the continental United States are shipped either by rail or by truck. Approximately 90 percent of the goods shipped from the warehouse is destined for foreign points. Until about 3 years ago, Goodrich used to ship a sizable quantity of freight to the piers by rail, using the B & 0 for these shipments. In recent years, however, goods have been shipped directly to the piers from the Goodrich warehouse by truck. The primary trucker of this operation has been Byrnes.

   In connection with rail shipments to various points in continental United States, the goods to be shipped were moved from their place of storage in the warehouse to the rail loading platform and into the waiting railroad car by Goodrich warehousemen. In the case of truck shipments, the goods to be shipped were moved from their...