McLeod v. New York Paper Cutters' & Bookbinders' Union No. 119

220 F. Supp. 133, 53 L.R.R.M. (BNA) 2380, 1963 U.S. Dist. LEXIS 7679
CourtDistrict Court, S.D. New York
DecidedJuly 22, 1963
StatusPublished
Cited by1 cases

This text of 220 F. Supp. 133 (McLeod v. New York Paper Cutters' & Bookbinders' Union No. 119) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLeod v. New York Paper Cutters' & Bookbinders' Union No. 119, 220 F. Supp. 133, 53 L.R.R.M. (BNA) 2380, 1963 U.S. Dist. LEXIS 7679 (S.D.N.Y. 1963).

Opinion

RYAN, Chief Judge.

This petition has been filed by the Regional Director of the Second Region of the National Labor Relations Board pursuant to Section 10 (Í) of the National Labor Relations Act, as amended, 29 U.S. C.A. § 160 (J), for a temporary injunction pending the final disposition of the charges now before the Board filed by Automatic Sealing Service, Inc. The charges allege that respondent New York Paper Cutters’ & Bookbinders’ Union No. 119 has engaged in and continues to engage in unfair labor practices within the meaning of Section 8(b) (4) (i) (ii) (B) and (D) of the Act, 29 U.S.C.A. § 158(b) 4 (i) (ii) (B) and (D).

The material facts, as adduced at the hearing held by this Court, establish the following:

Automatic Sealing Service, Inc., a New York corporation, is engaged in New York City in the business of sealing so-called self mailings, such as advertising brochures and circulars, by means of machines which automatically seal the self mailings with a wafer or tab. Small jobs are done on the premises of Automatic, but on large jobs, Automatic customarily sends its own operator and sealing machine to the premises of the customer and the work is performed there. Automatic does a gross business of approximately $130,000 annually, of which amount 10% is derived for services supplied to customers outside the State of New York.

Automatic Sealing Service, Inc., is the parent company of Seal-O-Matic, a company funded by Philip Klein, Secretary-Treasurer, of Automatic, and another, for the purpose of manufacturing and selling throughout the country the seal-o-matic machine. The machine is said to be protected by a patent which is owned by Seal-O-Matic. Automatic has reserved for itself the exclusive franchise to use and employ the patented device and to perform sealing service in the New York area. A policy has been followed by the two companies whereby Seal-O-Matic will not sell or service any sealing machine within the 200 mile radius of New York City. Automatic, as a result, enjoys the exclusive right to perform all sealing services in the New York City area, effectively barring any competition. Certain companies such as McKenzie Bindery and Young Bindery have obtained sealing machines by purchasing them outside New York and have had them then shipped to the city. Success of their operations has been limited, however, by the refusal of Automatic to service these machines when the dyes needed sharpening or had to be replaced.

Over 90% of Automatic’s customers are in the printing and binding business [135]*135and these customers are members of the Printers League Section of the Printing Industries of Metropolitan New York, Inc., an association which bargains and executes labor agreements on a multi-employer basis. The Printers League Section has a collective bargaining contract with respondent.

Among the members of Association who are customers of Automatic are Bindrite Bindery, Inc., F. M. Charlton Co., Inc., Eff & Zee Bookbinding Co., Esquire Bindery Corp., Fisher Bookbinding Co., Inc., Guide Kalkhoff-Burr, Inc., Lindner Bindery, McKenzie Service, Inc., Pyramid Bindery, Inc., Sender Bindery, Inc., Standard Bookbinding Corp. and Trade Bindery, all of whom have their place of business in New York City and annually ship goods outside the State of New York.

■ Automatic has assigned the work of operating its sealing machines on and off Automatic’s premises to its own employees who are not members of or represented by any labor organization. This labor practice has been carried on for many years. Respondent now has asserted that it has exclusive jurisdiction over the work of operating sealing machines of the kind used by Automatic and has demanded that Automatic or its customers assign the work of operating Automatic’s sealing machines to members of respondent. In furtherance and support of its claimed jurisdiction and demand, respondent, since on or about March 15, 1963, engaged in the following acts and conduct:

1. Notified all its members, through its bulletin, “THE BULLETIN OF 119”, including members employed by the companies named above, that all machine sealing of self mailings come under the jurisdiction of respondent and all such machine work must be covered by a member of respondent.

2. Told members of Printer’s League Section that respondent’s members would not work if an Automatic sealing machine operating in their shop was not “covered” by a member of respondent.

3. Refused to permit an Automatic sealing machine to be used in the shops of companies named above unless the machine was operated by a member of respondent, and where no member of respondent was qualified to operate the machine, refused to permit employees of Automatic to operate the machine unless a member of respondent stood by.

4. Told Bindrite that its shop would be pulled if it allowed Automatic sealing machines in its shop or continued to do business with Automatic.

As a result of respondent’s acts and demands, the Association members have had their sealing work performed on Automatic’s premises rather than on their own premises, or have given no further jobs to Automatic.

Respondent has not been certified by the Board as the collective bargaining representative of any of Automatic’s employees, nor has the Board issued an order directing Automatic to bargain with respondent as the representative of any of its employees.

The function of the Court on applications for injunctive relief under the Act has been aptly set forth in McLeod v. Newspaper & Mail Deliverers’ Union of New York City & Vic., 209 F. Supp. 434 (1962) wherein it was stated:

“Section 10(1) of the Act provides that whenever it is charged that an 8(b) (4) unfair labor practice is being committed, the Board shall cause an investigation to be made. If, after such investigation, the Regional Officer has ‘a reasonable cause to believe such charge is true’ a complaint issues and the Officer may petition any District Court, on behalf of the Board, for appropriate injunctive relief pending the final adjudication of the Board with respect to the complaint. Upon the filing of any such petition for a preliminary injunction the District Court has jurisdiction to grant such injunctive relief 'as it deems just and proper.’ Douds v. International Longshoremen’s Ass’n, supra [242 [136]*136F.2d 808 (2 Cir. 1957)]; Douds v. Milk Drivers & Dairy Employees Union, 248 F.2d 534 (2d Cir. 1957); Kaynard v. New York Mailers Union No. 6, International Typographers [Typographical] Union, 191 F. Supp. 880 (S.D.N.Y.1961).
“Thus, in a proceeding for an injunction under § 10(1) the Court’s function is limited to the narrow question of deciding whether, based on the evidence, the petitioner has ‘reasonable cause to believe’ that the charges are true. This circumscribed function of the Court in a § 10 (Í) injunction proceeding was aptly described by Judge Medina in Douds v. International Longshoremen’s Ass’n, 242 F.2d 808, 810 (2d. Cir. 1957):
“ ‘The District Court, moreover, on the record before us, had no alternative other than to find that there is more than enough evidence to demonstrate that there was basis for the Board’s finding that it had “reasonable cause to believe” that the “charge” filed by the * * * Union is true. It is settled law that no more is required on this phase of the case.’

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220 F. Supp. 133, 53 L.R.R.M. (BNA) 2380, 1963 U.S. Dist. LEXIS 7679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-new-york-paper-cutters-bookbinders-union-no-119-nysd-1963.