Kinney v. International Union of Operating Engineers, Local 150

786 F. Supp. 1431, 140 L.R.R.M. (BNA) 2043, 1992 U.S. Dist. LEXIS 3114, 1992 WL 53744
CourtDistrict Court, N.D. Indiana
DecidedMarch 13, 1992
DocketCiv. No. H91-435
StatusPublished
Cited by2 cases

This text of 786 F. Supp. 1431 (Kinney v. International Union of Operating Engineers, Local 150) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kinney v. International Union of Operating Engineers, Local 150, 786 F. Supp. 1431, 140 L.R.R.M. (BNA) 2043, 1992 U.S. Dist. LEXIS 3114, 1992 WL 53744 (N.D. Ind. 1992).

Opinion

ORDER

LOZANO, District Judge.

This matter is before the Court on a Petition for Injunction Under Section 10(Z) of the National Labor Relations Act, as amended, filed December 9, 1991, by Elizabeth Kinney, the Regional Director of Region 13 of the National Labor Relations Board. By her Petition, the Director requests this Court to enjoin the International Union of Operating Engineers, Local 105, AFL-CIO (the “Union”) and its agents from in any manner disciplining or threatening to discipline employees of Heckett, a division of Harsco Corporation (“Heckett”), who crossed Union picket lines from October 12 to October 18, 1991, until the National Labor Relations Board (“NLRB”) resolves the pending charges against the Union. A bench trial was held on this matter on December 18 and 23, 1991, and January 14 and 15, 1992, and the parties submitted proposed findings of fact and conclusions of law. Having presided over the trial, observed the testimony, and reviewed the record in this case, the Court now enters its findings of fact, conclusions of law, and order of judgment pursuant to Rule 52 of the Federal Rules of Civil Procedure.

FINDINGS OF PACT

The Court hereby finds that:

1. This Court has jurisdiction pursuant to section 10(Z) of the National Labor Relations Act, 29 U.S.C. § 160(Z) (1973) (the “Act”).

2. On October 15, 1991, the LTV Steel Company, Inc. (“LTV”) and on October 17, 1991, Heckett filed charges with the NLRB against the Union alleging unfair labor practices affecting commerce within the meaning of 29 U.S.C. § 158(b)(4)(i)(ii)(B) (1973). Essentially, Heckett and LTV complain about secondary boycott activity and illegal picketing with respect to LTV’S Plant No. 7, in East Chicago, Lake County, Indiana (“the Plant”).

[1434]*14343. The Union maintains an office and place of business within this judicial district.

4. The Union is now, and has been at all times material herein, a labor organization within the meaning of section 2(5) of the Act.

5. Heckett and the Edw. C. Levy Co., Inc. (“Levy”) are located on the premises of the Plant.

6. LTV, a corporation with an office and place of business in East Chicago, Indiana, is engaged in the manufacturing and processing of steel.

7. During the past calendar year, a representative period, LTV sold and shipped products, goods, and materials from the Plant valued in excess of $50,000 directly to a point outside the State of Indiana.

8. LTV is now, and has been at all times material herein, an employer engaged in commerce within the meaning of section 2(2), (6) and (7) of the Act.

9. Heckett, a corporation with an office and place of business in Whiting, Indiana, provides metallic recovery, slag separation, and other specialized services for LTV.

10. During the past calendar year, a representative period, Heckett purchased and received at its Whiting, Indiana facility products, goods, and materials valued in excess of $50,000 directly from points outside the State of Indiana.

11. Heckett is now, and has been at all times material herein, an employer engaged in commerce within the meaning of section 2(2), (6) and (7) of the Act.

12. The Heckett employees who crossed Union picket lines from October 12 to 18, 1991 (the “Employees”), are members of the Union and are working under a valid collective bargaining agreement which expires on September 30, 1995.

13. Section 12 of the Employees’ collective bargaining agreement states that “[tjhere shall be no strikes, work stoppages, slow down, interruption, or impeding of work during the period of this Agreement.”

14. The Union was engaged in a labor dispute concerning wages with Levy.

15. As a result, members of the Union picketed the Plant from approximately October 12 to 18, 1991.

16. Approximately 53 employees of Heckett who worked at the Plant and were members of the Union crossed the Union’s picket line between October 12 and 18, 1991.

17. The language on the Union’s picket signs read as follows: “LOCAL 150, I.U.O.E. ON STRIKE AGAINST E.C. LEVY FOR WAGES.”

18. The Plant has separate entrances to the facility, including the Burma Road Gate, the East Bridge Gate, and the West Bridge Gate.

19. On or about October 12, 1991, the Burma Road Gate was posted with the following sign:

ALL OF LEVY’S EMPLOYEES, THEIR SUPPLIERS, THEIR DELIVERY MEN, THEIR SUB CONTRACTORS, AND ALL OTHERS HAVING BUSINESS WITH LEVY, MAY NOT USE THE EAST BRIDGE OR WEST BRIDGE UNDER ANY CIRCUMSTANCES. THEY MAY USE THIS GATE. THE EAST AND WEST BRIDGE GATES ARE RESERVED SOLELY AND EXCLUSIVELY FOR THE USE OF LTV STEEL COMPANY, ITS EMPLOYEES, ITS SUPPLIERS, ITS DELIVERY MEN, ITS OUTSIDE CONTRACTORS, AND ALL OTHERS HAVING BUSINESS WITH LTV STEEL COMPANY EXCEPT LEVY’S EMPLOYEES, THEIR SUPPLIERS, THEIR DELIVERY MEN AND ALL OTHERS HAVING BUSINESS WITH LEVY.

20. The following sign was posted at the East and West Bridge gates:

THIS GATE RESERVED SOLELY AND EXCLUSIVELY FOR THE USE OF LTV STEEL COMPANY, ITS EMPLOYEES, ITS SUPPLIERS, ITS DELIVERY MEN, ITS OUTSIDE CONTRACTORS AND ALL OTHERS HAVING BUSINESS WITH LTV STEEL COMPANY EXCEPT EMPLOYEES OF LEVY, ITS SUPPLIERS, ITS DELIVERY MEN, AND ALL OTHERS HAVING BUSI[1435]*1435NESS WITH LEVY. ALL OF LEVY’S EMPLOYEES, THEIR SUPPLIERS, THEIR DELIVERY MEN, THEIR SUB CONTRACTORS AND ALL OTHERS HAVING BUSINESS WITH LEVY MAY NOT SUE [SIC] THIS GATE UNDER ANY CIRCUMSTANCES. THEY MUST USE THE BURMA ROAD GATE WHICH HAS BEEN RESERVED SOLELY AND EXCLUSIVELY FOR LEVY’S EMPLOYEES, THEIR SUPPLIERS, THEIR DELIVERY MEN, THEIR SUB CONTRACTORS, AND ALL OTHERS HAVING BUSINESS WITH LEVY.

21. During this time period, the Employees did not have any labor dispute with Heckett, and were obligated to work at the Plant under the terms of their collective bargaining agreement.

22. Mr. Dennis Fillippo, Senior Manager of Labor Relations at LTV, testified that he set up a reserve gate system after he was notified of the strike.

23. Mr. Fillippo stated that the Burma Road Gate was to be used for Levy employees and those doing business with them, and the East and West gates were for LTV employees and their contractors.

24. Mr. Fillippo also testified that LTV used a reserved gate system in the past when Heckett was involved in a labor dispute in 1983, and that this time they used the same signs, except that in 1983 they were in response to the Heckett strike.

25. Mr. Fillippo testified that when he arrived at LTV, before the signs were posted, there were approximately seven people picketing at the East and West Bridge entrances, and only two or three persons picketing at the Burma Road entrance.

26. Mr. Fillippo said that the East and the West Bridge signs were placed on the guard shanty, and the Burma Road Gate sign was posted on the fence leading into the property on the left-hand side.

27. Mr.

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786 F. Supp. 1431, 140 L.R.R.M. (BNA) 2043, 1992 U.S. Dist. LEXIS 3114, 1992 WL 53744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinney-v-international-union-of-operating-engineers-local-150-innd-1992.