Le Bus v. Building & Construction Trades Council of Monroe & Vicinity

186 F. Supp. 109, 46 L.R.R.M. (BNA) 2813, 1960 U.S. Dist. LEXIS 3622
CourtDistrict Court, W.D. Louisiana
DecidedAugust 16, 1960
DocketCiv. A. No. 7956
StatusPublished

This text of 186 F. Supp. 109 (Le Bus v. Building & Construction Trades Council of Monroe & Vicinity) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Le Bus v. Building & Construction Trades Council of Monroe & Vicinity, 186 F. Supp. 109, 46 L.R.R.M. (BNA) 2813, 1960 U.S. Dist. LEXIS 3622 (W.D. La. 1960).

Opinion

BEN C. DAWKINS, Jr., Chief Judge.

This cause came on to be heard upon the verified petition of John F. LeBus, Regional Director of the Fifteenth Region of the National Labor Relations Board (herein called the Board), for a temporary injunction pursuant to Section 10 (£) of the National Labor Relations Act, as amended (herein called the Act), 29 U.S.C.A. § 160(Í) 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 on August 15, 1960. 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 Regional Director of •the Fifteenth 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 August 5, 1960, Ford, Bacon & Davis Construction Corporation, (herein called Ford), Don A. Baxter and James D. Baxter, doing business as Don Baxter and Son (herein called Baxter), Jesse F. Heard & Sons, Inc., (herein called Heard), and Rannie Terrel, doing business as Rannie Terrel Contractors (herein called Terrel), pursuant to provisions of the Act, filed amended charges with the Board to charges originally filed on July 29, 1960, said amended charges alleging that Building & Construction Trades Council of Monroe and Vicinity, affiliated with AFL-CIO (herein called Council or respondent), a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b) (4), subparagraphs (A) and (B), of the Act, 29 U.S.C.A. § 158(b) (4) (A, B).

3. The aforesaid charges and amended charges were referred to petitioner as Regional Director of the Fifteenth Region of the Board.

4. There is, and petitioner has, reasonable cause to believe that: (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 office at Monroe, Louisiana, and at all times material herein has been engaged within this judicial district in transacting business and in promoting and protecting the interests of its employee members.

(c) Ford, Baxter, Heard and Terrel are members of Northeast Louisiana Chapter, Associated General Contactors of America (herein called AGC), an employers’ association in the construction industry, one of whose principal purposes is to represent its members in collective bargaining with labor organizations and negotiate collective bargaining contracts for its members. In the operation of their businesses, Ford, Baxter, Heard and Terrel each annually receives goods and materials from outside the State of Louisiana valued at in excess of $50,000. Ford, a multistate concern, annually performs services in excess of $50,000 for firms which each ship products outside the State of Louisiana valued at in excess of $50,000.

(d) Riley Stoker Corp., Bayou Electric Company, Portman Steel Construction [111]*111Company, McElroy Electric and Supply Company, J. D. Moses Painting and Decorating Contractor, Pogue Atkins Company, Inc., Monroe Brick & Builders Supply Company, Raymond Concrete Pile Division, Raymond International, Inc. (herein collectively called subcontractors) are suppliers of Ford, Baxter, Heard and Terrel on their construction projects in the Monroe Area.

(e) Ford, Baxter, Heard and Terrel, through membership in AGO, are bound by current contracts with several building and construction trades local unions which are constituent members of respondent Council, to wit, the locals of: United Brotherhood of Carpenters and Joiners of America, AFL-CIO, (Locals 1811, 2032 and 2192), International Hod Carriers, Building and Common Laborers Union of America, AFL-CIO (Local 831), International Union of Operating Engineers, AFL-CIO (Local 406), International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO (Local 710). In addition Ford has national agreements with United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and United Association of Journeymen and Apprentices in the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO. Some of the subcontractors have agreements with or obtain men from the aforesaid local unions and from other building and construction trades local unions which are constituent members of respondent Council, including the local union of the International Brotherhood of Electrical Workers, AFL-CIO.

(f) Since prior to July 27, 1960, respondent Council has demanded that Ford, Baxter, Heard and Terrel enter into a contract, a copy of which is appended, which, among other things, would require them not to do business with the subcontractors and other persons unless said subcontractors and other persons agree to abide by the terms of the contract demanded of Ford, Baxter, Heard and Terrel, which provides in part as follows:

“The contractor shall not sublet, subcontract or assign any of the work which comes under the jurisdiction of the Council or its member local unions to any persons, firm or corporation, unless such person, firm or corporation agrees in writing to abide by the Master Agreement and the Craft Agreement covering such work. This Article shall apply only to that work subcontracted, sublet or assigned directly by the contractor to such person, firm or corporation, and shall not apply to work subcontracted, sublet or assigned by such person, firm or corporation to another person, firm or corporation”;

and to submit any disputes over work jurisdiction to the International General Headquarters of the Building and Construction Trades Department, AFL-CIO, and be bound by its decision.

(g) In furtherance of the aforesaid demands on Ford, Baxter, Heard and Terrel and to compel them to enter into the aforementioned contract, respondent Council, since on or about July 27, 1960, has picketed the construction projects of Baxter, Heard and Terrel and since July 29, 1960, the construction projects of Ford, and has ordered, instructed, directed, requested and appealed to the employees of Ford, Baxter, Heard, Terrel and their subcontractors, and other persons, not to cross the picket line and not to perform services for their employers.

(h) As a result of respondent’s picketing and other conduct aforesaid a very substantial amount of construction work in the Monroe, Louisiana, area has been shut down.

(i) By the acts and conduct set forth in findings of fact 4(h) and (i) above, respondent has engaged in, and has induced and encouraged individuals employed by Ford, Baxter, Heard, Terrel, the subcontractors, and by other persons engaged in commerce or in industries affecting commerce to engage in strikes or refusals in the course of their employment to perform services, and have [112]*112coerced and restrained Ford, Baxter, Heard, and Terrel.

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186 F. Supp. 109, 46 L.R.R.M. (BNA) 2813, 1960 U.S. Dist. LEXIS 3622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/le-bus-v-building-construction-trades-council-of-monroe-vicinity-lawd-1960.