Greene v. Local 275, International Union of Electrical, Radio & Machine Workers

200 F. Supp. 596, 49 L.R.R.M. (BNA) 2353, 1962 U.S. Dist. LEXIS 4077
District Court, D. Massachusetts·Decided January 5, 1962·No. Civ. A. No. 61-931·Published

Opinion

CAFFREY, District Judge.

This cause came on to be heard upon the verified petition of Robert E. Greene, Acting Regional Director of the First Region of the National Labor Relations Board (herein called the Board) for a temporary injunction pursuant to Section 10(f) of the National Labor Relations Act, as amended (herein called the Act), 29 U.S.C.A. § 160(0, pending the final disposition of the matters involved herein pending before the Board, and upon the issuance of an order to show cause why injunctive relief should not be granted as prayed in said petition. Respondent filed an answer to said petition. A hearing on the issues raised by the petition and answer was duly held beginning on December 26,1961. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to present evidence bearing on the issue, and to argue on the evidence and the law. The Court has fully considered the petition, answer, evidence, arguments, and briefs of counsel. Upon the entire record, the Court makes the following findings of fact:

1. Petitioner is Acting Regional Director of the First Region of the Board, an agency of the United States, and filed the petition herein for and on behalf of the Board.

2. On or about October 18,1961, Remington Rand Univae Division, Sperry Rand Corporation (herein called Remington) pursuant to provisions of the Act, filed a charge with the Board, alleging, inter alia, that Local 275, International Union of Electrical, Radio & Machine Workers of America, AFL-CIO, a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b) (4) (ii), subparagraph (B), of the Act, 29 U.S.C. A. § 158(b) (4) (ii) (B).

3. The aforesaid charge was referred to petitioner as Acting Regional Director of the First Region of the Board.

4. I find that petitioner has reasonable cause to believe that:

[597]*597(a) Respondent, an unincorporated association, is an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(b) Respondent maintains its principal offices at Boston, Massachusetts, and at all times material herein respondent has been engaged within this judicial district in transacting business and in promoting and protecting the interests of its employee members.

(c) Remington is engaged at Boston, Massachusetts, and other places, in the business of manufacturing, selling, leasing, maintaining and servicing tabulating machines and computer systems. In the operation of its business, Remington annually receives goods and materials from outside the Commonwealth of Massachusetts valued at in excess of $50,000.

(d) Remington’s customers, hereinafter referred to, annually receive from or ship to points outside the Commonwealth of Massachusetts goods, articles, or materials valued at in excess of $50,-000, or are engaged in industries affecting commerce.

(e) Since on or about September 20, 1961, the respondent has been engaged in a nationwide strike against Remington and has, since that date, picketed Remington’s sales and sendee offices, including the Boston office.

(f) At no time material herein has respondent had any labor dispute with any of Remington’s customers.

(g) On or about November 8, 1961 and again on or about November 20, 1961, respondent picketed Craftsman Life Insurance Company at 851 Boylston St., Boston, when employees of Remington Rand Univac Division, Sperry Rand Corporation (herein called Remington) were not on the premises. The pickets carried signs stating, in part, “Mr. Wetzler and Craftsman Insurance Company Unfair to Organized Labor.”-

(h) On or about November 15, 1961, respondent picketed Boston Five. Cent Savings Bank, 30 School Street, Boston, when employees of Remington were not on the premises. The pickets carried signs stating “The Boston Five is unfair to Organized Labor by using strike breakers in the building.”

(i) On or about November 10, 1961, respondent picketed Old Mr. Boston at 1010 Massachusetts Avenue, Boston, Massachusetts, when employees of Remington were not on the premises. The pickets carried signs stating, in part, “Old Mr. Boston — Is customer against organized labor — Why do they allow strikebreakers in this building ?” Respondent, while picketing Old Mr. Boston, passed out leaflets referring to its strike against and dispute with Remington.

(j) On or about November 16, 1961, respondent picketed Paine Furniture Company at 81 Arlington Street, Boston, Massachusetts, when employees of Remington were not on the premises. The pickets carried signs stating “Paine Furniture Company is unfair to organized labor. They are employing strike-breakers — Local 275 IUE.”

(k) On or about November 16, 1961, respondent picketed Sunshine Biscuit Company, at 141 Needham Street, Newton Highlands, Massachusetts, when employees of Remington were not on the premises. The pickets carried signs reading “Sunshine Biscuit is against Organized Labor. Why do they allow strike-breakers in this building- — -Local 275 IUE.” Respondent during said picketing of Sunshine Biscuit Company passed out leaflets referring to its strike against and dispute with Remington.

(Z) On or about November 17, 1961, respondent picketed East Boston Savings Bank, TO Meridian Street, Boston, Massachusetts, when equipment service employees of Remington were not on the premises. There was a Remington salesman present during the picketing whose duties did not include the service and repair functions performed by members of Local 275. The pickets carried signs reading “Is East Boston Savings Bank [598]*598Against Organized Labor — Why do they allow strikebreakers in this building— Union No. 275.”

(m) On or about November 15, 1961, respondent picketed Marrud, Inc., at 189 Dean Street, Norwood, Massachusetts, when service employees of Remington were not on the premises. There was a Remington salesman present during the picketing whose duties did not include the service and repair functions performed by members of Local 275. The pickets carried signs that read, in part, “Is Mar-rud against organized labor. Why do they allow strike-breakers in this building.”

(n) On or about September 25, 1961, on or about November 27, 1961, and on other occasions respondent picketed United Shoe Machinery Corporation at 140 Federal Street, Boston, Massachusetts, when service employees of Remington were not on the premises. The pickets carried signs stating, in part, “Remington Rand Univae employees on strike” and at other times stating, in part, “United Shoe unfair to organized labor.”

(o) On or about November 9, 1961, respondent picketed Milton Savings Bank, 40 Adams Street, Milton, Massachusetts, when employees of Remington were not on the premises. The pickets carried signs stating “Remington Rand on Strike — Why do they allow strikebreakers in this building? Equipment in this building is being serviced by scabs.”

(p) On or about December 20, 1961, various customers of Remington received a letter purporting to come from one J.

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Greene v. Local 275, International Union of Electrical, Radio & Machine Workers, 200 F. Supp. 596, 49 L.R.R.M. (BNA) 2353, 1962 U.S. Dist. LEXIS 4077 (D. Mass. 1962).

200 F. Supp. 596 (Greene v. Local 275, International Union of Electrical, Radio & Machine Workers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Unfair labor practices
29 U.S.C. § 158(b)(4)(ii)(B)