Lineback v. Chauffeurs, Teamsters, & Helpers Local Union No. 414

513 F. Supp. 2d 988, 182 L.R.R.M. (BNA) 2275, 2007 U.S. Dist. LEXIS 51102, 2007 WL 2116449
CourtDistrict Court, N.D. Indiana
DecidedJuly 13, 2007
DocketNo. 1:07-CV-144
StatusPublished
Cited by2 cases

This text of 513 F. Supp. 2d 988 (Lineback v. Chauffeurs, Teamsters, & Helpers Local Union No. 414) 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.

Bluebook
Lineback v. Chauffeurs, Teamsters, & Helpers Local Union No. 414, 513 F. Supp. 2d 988, 182 L.R.R.M. (BNA) 2275, 2007 U.S. Dist. LEXIS 51102, 2007 WL 2116449 (N.D. Ind. 2007).

Opinion

OPINION

THERESA L. SPRINGMANN, District Judge.

The Petitioner, the National Labor Relations Board (NLRB), filed a petition for injunction pursuant to 29 U.S.C. § 160(Z) on June 20, 2007. The NLRB seeks to enjoin the Respondent, Chauffeurs, Teamsters, and Helpers Local Union Number 414 (“Local 414”), from engaging in unlawful recognitional picketing of Fidler Inc., d/b/a Aggregate Industries — Central Region (“Aggregate”), until final disposition of the unfair labor practice charge. Having held an evidentiary hearing on the matter on July 3, 2007, and considered the arguments of the parties, the Court grants the petition for preliminary injunction.

A. Standard for Injunction Under 29 U.S.C. § 160(1) to Prevent Recogni-tional Picketing

The parties agree on the standard that applies when determining whether an injunction should be issued pursuant to 29 U.S.C. § 160(Z). Section 160(Z) states:

Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of ... section 158(b)(7) of this title, the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue, he shall, on behalf of the Board, petition any United States district court within any district where the unfair labor practice in question has occurred, is alleged to have occurred, or wherein such person resides or transacts business, for appropriate injunctive relief pending the final adjudication of the Board with respect to such matter. Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law....

§ 160(Z).

In applying § 160(Z) to determine whether an injunction shall issue, a court makes a two-step inquiry. “[T]he district court must first analyze whether the regional director had reasonable cause to seek an injunction; second, the judge must apply the traditional test in equity to determine whether an injunction would be ‘just and proper.’ ” Kinney v. Int’l Union Operating Engineers, Local 150, 994 F.2d 1271, 1277-78 (7th Cir.1993).

In determining whether the regional director of the NLRB had reasonable cause to seek an injunction, the court looks only to whether “disputed issues could be resolved by the Board in favor of the regional director’s position, and the regional director is given the benefit of the doubt.” Id.

[991]*991The traditional test in equity to determine whether an injunction would be just and proper has four prongs: (1) whether the petitioner has a reasonable likelihood of success on the merits; (2) whether the petitioner has an adequate remedy at law, or whether it would be irreparably harmed if the injunction does not issue; (3) whether the threatened injury to the petitioner outweighs the threatened harm an injunction would inflict on the respondent; and (4) whether the granting of a preliminary injunction serves the public interest. Id. at 1275.

The NLRB alleges that Local 414 is engaged in recognitional picketing, and seeks an injunction to stop it. Section 158(b)(7) states that recognitional picketing, that is, picketing for the purpose of forcing an employer to recognize a labor organization, is an unlawful employment practice:

It shall be an unfair labor practice for a labor organization or its agents—
(7) to picket ... any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative, unless such labor organization is currently certified as the representative of such employees:
(A) where the employer has lawfully recognized in accordance with this subchapter any other labor organization and a question concerning representation may not appropriately be raised under section 159(c) of this title,
(B) where within the preceding twelve months a valid election under section 159(c) of this title has been conducted, or
(C)where such picketing has been conducted without a petition under section 159(c) of this title being filed within a reasonable period of time not to exceed thirty days from the commencement of such picketing.

29 U.S.C. § 158(b)(7).

Following the standard for issuing an injunction pursuant to § 160(i), this Court must determine first, whether, giving the NLRB the benefit of the doubt, there are disputed issues that could be resolved by the Board in favor of the regional director’s position that Local 414 is engaged in recognitional picketing, and second, whether an injunction to prohibit Local 414 from further picketing would be just and proper.

B. Facts Presented

Aggregate produces building material, including ready-mix concrete. It has ten facilities throughout the state of Indiana, including facilities in Wolcotville, Angola, and Waterloo. It also owns facilities in other states, including Minnesota and Michigan. The Waterloo facility was purchased on April 2, 2007, when Aggregate bought the assets of Klink Concrete. Ready-mix truck drivers at the Angola and Wolcotville facilities are represented by Local 414, which has a collective bargaining agreement (“CBA”) with Aggregate. Six Angola employees and five Wolcotville employees are covered by the collective bargaining agreement. Angola had a seventh driver who had previously quit, and Aggregate had no plans to replace him. Wolcotville had a sixth driver who was promoted to management, and there were no plans to replace him. The five drivers at the newly purchased Waterloo facility had no history of collective bargaining. Waterloo is within the geographical jurisdiction of Local 414. Aggregate Indus[992]*992tries also has agreements with other unions for its other Indiana facilities.

The CBA between Local 414 and Aggregate outlines the procedure when a grievance is filed. First, the aggrieved employee meets with management, and if unsuccessful, the union steward is brought in. The third step is a conference between the union representative, aggrieved employee, union steward, and management. The fourth step is referral of the dispute to a committee made up of two people selected by the union and two people selected by the employer. The fifth step states that, if the parties agree to arbitration, the committee will select a third party who will act as chairman of the committee. If the parties do not agree to arbitration, then either party has the right to use “all legal and economic recourse in support of their contention.” (Prelim.

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Yusuf v. Hamed ex rel. Hamed
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Lineback v. CHAUFFEURS, TEAMSTERS, AND HELPERS
513 F. Supp. 2d 988 (N.D. Indiana, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
513 F. Supp. 2d 988, 182 L.R.R.M. (BNA) 2275, 2007 U.S. Dist. LEXIS 51102, 2007 WL 2116449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lineback-v-chauffeurs-teamsters-helpers-local-union-no-414-innd-2007.