Crawford v. Environmental Waste Disposal, Inc.

568 F. Supp. 22, 112 L.R.R.M. (BNA) 2963
CourtDistrict Court, N.D. Illinois
DecidedFebruary 28, 1983
DocketNo. 82 C 1776
StatusPublished

This text of 568 F. Supp. 22 (Crawford v. Environmental Waste Disposal, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. Environmental Waste Disposal, Inc., 568 F. Supp. 22, 112 L.R.R.M. (BNA) 2963 (N.D. Ill. 1983).

Opinion

[24]*24MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

Petitioner, the National Labor Relations Board (“NLRB”), by its general counsel, seeks interim injunctive relief under § 10(j) of the National Labor Relations Act (“NLRA”).1 Petitioner requests that this Court issue an injunction reinstating 13 of respondent’s employees who were discriminatorily discharged in violation of sections 8(a)(3) and 8(a)(1) of the NLRA.2 Petitioner also asks that respondent Environmental Waste Disposal, Inc. be enjoined from committing further unfair labor practices against its employees, and be ordered to remove the record of warning notices issued to its employees.

Respondent is a scavenger service owned and operated by Charles and Frances Lo-man and their two sons, Richard and Robert. In April, 1981, respondent’s employees began discussing the possibility of unionizing respondent’s facility. On July 9, 1981, they held their first union meeting and signed enough union authorization cards to require the NLRB to hold a representational election on .respondent’s work place.

On July 13, 1981, in response to the discharges of two union supporters on July 10 and the earlier discharge of another supporter, the Labor Board issued the first of numerous unfair labor practices against the respondent. The Labor Board claims that in the months that followed, and at least until October 30,1981, respondent repeatedly violated sections 8(a)(1) and (3) of the NLRA by interfering with and coercing employees in the exercise of their organizational rights, and by discriminatorily discharging 13 employees due to their organizational efforts.

On March 22,1982 the Board consolidated all of the charges issued against respondent for hearing. The following day, the Board petitioned this Court for interim injunctive relief under § 10(j), pending resolution of the charges. The consolidated hearing began on April 19, 1982, and closed on June 18, 1982. The Labor Board subsequently submitted the transcript of that hearing to substantiate its petition for injunction.

The Standards for Issuing a 10(j) Injunction

Section 10(j) of the NLRA empowers the Board to petition the District Court for temporary injunctive relief once unfair labor practices have been issued against a party. Squillacote v. Local 248, Meat & Allied Food Workers, 534 F.2d 735 (7th Cir.1976). This section was designed to permit the courts upon request, from the Board, to preserve the status quo and to prevent frustration of the policies behind the NLRA during the considerable time gap between the filing of charges by the Board and issuance of its final decision. Muniz v. Hoffman 422 U.S. 454, 466, 95 S.Ct. 2178, 2185, 45 L.Ed.2d 319 (1975).

The district court must follow a two step process in determining whether section 10(j) injunctive relief should issue. First, the Court must determine whether the Board has “reasonable cause to believe” that unfair labor practices have been committed. If reasonable cause is found, the Court must then determine whether the relief requested is “just and proper.” Squillacote v. Graphic Arts International Union, 540 F.2d 853 (7th Cir.1976).

Reasonable Cause

When making a reasonable cause determination, the district court is not per[25]*25mitted to decide the merits of the unfair labor practices underlying the § 10(j) proceeding. Squillacote v. Graphic Arts International Union Local 277, 513 F.2d 1017 (7th Cir.1975). The only function of the Court is to determine whether the Board has reasonable cause to believe that the elements of an unfair labor practice are present, and that the legal theory upon which the Board proceeds is substantial and not frivolous. Squillacote v. Graphic Arts International Union, 540 F.2d 853, 858-59 (7th Cir.1976). Further, the Court must resolve all factual disputes in favor of the petitioning Board. The Board is held to a “relatively insubstantial” burden of proof. If the evidence viewed in the light most favorable to the Board could reasonably support a finding that a violation of the Act has occurred, the Board met its burden and the district court may grant appropriate relief. Id. at 858.

A review of the 4,500 pages of transcript and exhibits in this case reveals that the Board has more than met this insubstantial burden. The hearing transcript repeatedly displays testimony which, when viewed in the light most favorable to the Board, gives rise to the reasonable belief that respondent committed the alleged unfair labor practices.

A complete reiteration of the facts and case law pertaining to each of the many unfair labor practices (ULPs) surrounding the discharges of the 13 alleged discriminatees, and respondent’s interference and coercion would be unduly burdensome for present purposes. Instead, the elements for establishing a ULP violation and a brief chronology of the discharges and relevant acts of interference and coercion are set forth below.

The Violations

In order to establish an 8(a)(3) charge, the Board must demonstrate that the respondent discharged its employees out of anti-union animus. Thus, the Board must set forth reasonable cause to believe that respondent knew of the employees’ union activities, and discharged them in order to quell those activities. Zipp v. Shenanigans, 106 LRRM 2989 (C.D.Ill.1981). Because motivation is rarely open to direct proof, it is frequently proven upon consideration of all evidence, and the Board is free to rely on circumstantial as well as direct evidence. Justak Bros. v. NLRB, 664 F.2d 1074, 1077 (7th Cir.1978). The timing of the discharges, the employer’s conduct and statements are thus significant factors in determining motivation. Id.

A review of the chronological facts in this case, as established by substantial evidence in the transcript, demonstrates such a strong nexus between union activity and the timing of the discharges that it is clear the Board h.as met its insubstantial burden. These facts are briefly summarized below:

1. On April 5, 1981 Leonard Evans protested to Richard Loman and foreman Daryl MacArthur that he was not being paid for all the hours he worked. Evans told Loman that respondent should “get a union” so that he could be paid properly. Three days later, when Evans went to the garage to find out why he had not been called to work, Loman told him that he had not been called because he was fired due to the fact that he was a troublemaker.

2. On July 9, the first union meeting was held at Kurt Bushno’s home. Michael Roach attended, and along with 12 or 13 others signed a union authorization card. Much of the meeting took place on the front porch. Employees testified that during the meeting respondent’s foreman, Charlie Sims,3 drove by and surveyed the crowd on the porch. Employees also testified that Sims told them he “had a snitch.” On the evening of July 10, Robert Loman visited both Bushno and Roach at their homes and discharged them.

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Related

Muniz v. Hoffman
422 U.S. 454 (Supreme Court, 1975)
Squillacote v. Local 248, Meat & Allied Food Workers
534 F.2d 735 (Seventh Circuit, 1976)
Squillacote v. Graphic Arts International Union
540 F.2d 853 (Seventh Circuit, 1976)

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Bluebook (online)
568 F. Supp. 22, 112 L.R.R.M. (BNA) 2963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-environmental-waste-disposal-inc-ilnd-1983.