Samoff v. Building & Construction Trades Council of Reading & Berks County

244 F. Supp. 332, 60 L.R.R.M. (BNA) 2277, 1965 U.S. Dist. LEXIS 7447
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 22, 1965
DocketCiv. A. No. 38206
StatusPublished

This text of 244 F. Supp. 332 (Samoff v. Building & Construction Trades Council of Reading & Berks County) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samoff v. Building & Construction Trades Council of Reading & Berks County, 244 F. Supp. 332, 60 L.R.R.M. (BNA) 2277, 1965 U.S. Dist. LEXIS 7447 (E.D. Pa. 1965).

Opinion

HIGGINBOTHAM, District Judge.

The National Labor Relations Board’s Regional Director, the Honorable Bernard Samoff, seeks a temporary injunction to restrain defendant, from certain alleged violations of the National Labor Relations Act, as amended. 61 Stat. 149; 78 Stat. 544; 29 U.S.C. § 151 et seq. Jurisdiction of this Court is pursuant to Section 10(i) of the National Labor Relations Act which provides:

(l) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4) (A), (B), or (C) of section 158(b) of this title, or section 158(e) of this title or 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 [334]*334relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law: * * *.

The only factor which lifts this case from routine National Labor Relations Board injunction petitions is that the petitioner’s first request for injunctive relief was after the alleged unfair labor practices had terminated. While relevant, this latter factor is not sufficient to deny relief which is otherwise warranted. Thus, I will issue the injunction pursuant to the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. Petitioner, Bernard Sainoff, is Regional Director of the Fourth 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 May 10, 1965, General Plumbing and Heating Company, Inc. (herein called General), pursuant to provisions of the Act, filed charges with the Board alleging that the Building and Construction Trades Council of Reading and Berks County (herein called Council), a labor organization, has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b) (4) (i) (ii), subparagraph (B), of the Act.

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

4. Upon the basis of the following, petitioner has reasonable cause to believe that said charge is true and that a complaint of the Board based on said charge should issue against respondent pursuant to Section 10(b) of the Act. More particularly, petitioner has reasonable cause to believe and believes, that respondent is a labor organization within the meaning of Section 2(5), 8(b) and 10(1) of the Act, and that said respondent has engaged in, and is engaging in, acts and conduct in violation of Section 8(b) (4) (i) (ii), subparagraph (B) of the Act, affecting commerce within the meaning of Section 2(6) and (7) of the Act, as follows:

(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 Reading, Pennsylvania, 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) General, a Pennsylvania corporation, whose principal place of business is located at Pottsville, Pennsylvania, is engaged in the business of residential, industrial and commercial plumbing, heating and air conditioning work. In the operation of its business, General annually receives goods and materials valued at in excess of $70,000 from outside the Commonwealth of Pennsylvania.

(d) The General State Authority (herein called GSA) is presently engaged in the construction of new facilities at the Kutztown State College, Kutztown, Berks County, Pennsylvania (herein called the Kutztown job). Construction at the Kutztown job is being carried out under five (5) separate contracts between GSA and the following firms: Potteiger Co., Inc. (herein called Potteiger), H. B. Alexander & Son, Inc. (herein called Alexander), Coopersmith Bros., Inc. (herein called Coopersmith), Carl Twist Electrical Supply Co. (herein called Twist) and General. These facilities are being constructed at a total cost of $2,899,834.00, of which goods and materials to be used in the construction, valued at in excess of $100,000, are shipped to the construction site from points outside the Commonwealth of Pennsylvania.

(e) In connection with the carrying out of its contract with GSA, General has subcontracted certain work on the Kutztown job to Leon S. Kulp, Inc. (here[335]*335in called Kulp). Kulp was operating on the job in issue as a non-union subcontractor.

(f) W. J. Focht, a business agent for Local 42, Plumbers and Steamfitters, which Local belongs to defendant Council, threatened General that if it continued to sublet the subcontract to the non-union contractor, Leon S. Kulp, Inc., that the Union would “shut the complete job down”. Subsequent to the latter threat, there was a meeting of the business agents whose Locals belong to the defendant Building Council where on or about Friday, April 23, 1964, they agreed to and did in fact picket the job on the following Monday, April 26th. Shortly before the pickets were withdrawn on May 24, 1964, the defendant Council had a meeting where it was agreed to withdraw the pickets.

While the agreement to picket as set forth in this subparagraph was in effect, all work terminated in behalf of Pot-teiger, Alexander, Coopersmith, Twist and General, and none of the employees of the latter companies reported to work.

(g) By the acts and conduct set forth in subparagraph (f) above, respondent has engaged in, and has induced and encouraged, individuals employed by Potteiger, Alexander, Coopersmith, Twist and General and other persons to engage in, strikes or refusals in the course of their employment to use, manufacture, process, transport or otherwise handle or work on goods, articles, materials or commodities, or to perform services.

(h) By the acts and conduct set forth in subparagraph (f) above, respondent has threatened, coerced and restrained GSA, Potteiger, Alexander, Coopersmith, Twist and General and other persons engaged in commerce or in any industry affecting commerce.

(i) An object of the acts and conduct of respondent, set forth in subparagraphs (f), (g), and (h) above, was and is to force or require General to cease using, selling, handling, transporting, or otherwise dealing in the products of, and to cease doing business with Leon S. Kulp, Inc., to force or require Potteiger Co., Inc., H. B.

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244 F. Supp. 332, 60 L.R.R.M. (BNA) 2277, 1965 U.S. Dist. LEXIS 7447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samoff-v-building-construction-trades-council-of-reading-berks-county-paed-1965.