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National Labor Relations Board v. Suffolk County District Council of Carpenters

decided: December 13, 1967.

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
SUFFOLK COUNTY DISTRICT COUNCIL OF CARPENTERS, AFL-CIO, RESPONDENT



Waterman, Moore and Feinberg, Circuit Judges.

Author: Feinberg

FEINBERG, C. J.:

The National Labor Relations Board petitions to enforce its decision and order finding that the Suffolk County District Council of Carpenters, AFL-CIO (Carpenters) and Local 1205, International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America (Teamsters) violated section 8(b)(7) of the National Labor Relations Act, 29 U.S.C. ยง 158(b)(7), when they picketed the Island Coal and Lumber Corporation. The Board, adopting the recommendations of its trial examiner, ordered the unions to cease and desist from picketing Island for organizational or recognitional purposes, and to post the usual notices. The Teamsters voluntarily complied; the Carpenters did not. We have reviewed the record and find substantial evidence to support the Board's order. Therefore, we grant enforcement.

Island sells lumber and building supplies to home owners, building contractors, and others. Its approximately forty employees -- including eleven or twelve truck drivers, eight yardmen and five millmen, or carpenters -- are not union members, and Island has never had a collective bargaining agreement with any union. At 7:00 A.M. on Thursday, September 30, 1965, Guy Salvio, a Teamster representative, appeared at Island carrying a sign which declared:

EMPLOYEES OF THIS ESTABLISHMENT ARE NON UNION LOCAL 1205 IBT-AFL ASK THESE EMPLOYEES TO JOIN WITH THEM FOR:

BETTER WAGES BETTER WORKING CONDITIONS JOB SECURITY

Three more pickets soon arrived. One carried a sign duplicating Salvio's; the other two represented the Carpenters with a sign stating:

NOTICE TO PUBLIC CARPENTERS ON THIS JOB ARE NOT PROTECTED BY A COLLECTIVE BARGAINING AGREEMENT

SUFFOLK COUNTY DISTRICT COUNCIL OF CARPENTERS

The picketing lasted through Island's business day -- 7:30 A.M. to 5:30 P.M. -- and continued each business day thereafter until an injunction brought it to a halt on December 3. Some changes in the picketing did occur: The Teamster sign was conformed to that of the Carpenters after only a few days; the pickets soon declined in number to two, one Carpenter and one Teamster, and then to only one -- carrying both unions' signs in sandwich fashion.

The pickets were not content merely to parade their signs; from the very beginning they approached drivers making deliveries to Island. Thus, for example, on the first day of picketing, September 30, Salvio jumped on the running board of a vehicle of an Island supplier and spoke to its driver. An Island lawyer convinced the driver to deliver. The following day, however, another company's truck did not enter the lumber yard after its driver had talked to two pickets -- one Carpenter and one Teamster -- and then called his office for instructions. On the third day of picketing, still another supplier brought four loads of lumber to the yard; one driver, however, after speaking with Salvio, did not make his delivery. These are only a few of the many events described in the record which clearly establish the pattern of picketing conduct. The trial examiner found that after October 6, all trucks that came to the yard were stopped by pickets. Some completed delivery, but only after making a phone call.

The intention of the pickets to cut off deliveries evidenced itself in another way. Island has three store entrances: the front door on Route 112, a side door which opens onto the yard off Route 112, and a rear door on a driveway running from Robinson Avenue into the yard.*fn1 For the most part, picketing was limited to the front door and yard entrance on Route 112. But when trucks approached the Robinson Avenue entrance, the pickets moved over to the driveway in order to confront the drivers. As an Island lift driver put it, "They would only go to the other entrance if they would see somebody come in."

The results of the picketing were described by Island's Vice-President and general manager, C. D. Finger, Jr.:

Q. Before September 30th how did you get these supplies to the lumber yard? A. Well, most of it was delivered ...


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