Simmonds v. Teamsters Local Union No. 122

928 F. Supp. 71, 153 L.R.R.M. (BNA) 2223, 1996 U.S. Dist. LEXIS 8360, 1996 WL 328628
CourtDistrict Court, D. Massachusetts
DecidedMay 28, 1996
DocketCA. No. 96-10132
StatusPublished
Cited by1 cases

This text of 928 F. Supp. 71 (Simmonds v. Teamsters Local Union No. 122) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Simmonds v. Teamsters Local Union No. 122, 928 F. Supp. 71, 153 L.R.R.M. (BNA) 2223, 1996 U.S. Dist. LEXIS 8360, 1996 WL 328628 (D. Mass. 1996).

Opinion

MEMORANDUM

TAURO, Chief Judge.

I.

INTRODUCTION

The Acting Regional Director of the National Labor Relations Board (the “Regional Director”) petitions this court, pursuant to section 10(Z) of the National Labor Relations Act (the “NLRA”), 29 U.S.C.A. § 160(Z) [73]*73(West 1973), to enjoin actions by the Respondent, Teamsters Local Union No. 122, International Brotherhood of Teamsters, AFL-CIO (the “Union”). This dispute arises from the alleged actions of the Union during a radio promotion conducted by August A. Busch & Company of Massachusetts (“Busch”) and Infinity Broadcast Corporation of Boston (“WZLX”) at the Pour House Restaurant (“Pour House”) on December 8,1995. The Regional Director contends that the Union’s actions constituted a secondary boycott in violation of section 8(b)(4)(ii)(B) of the NLRA, as amended, 29 U.S.C.A. § 158(b)(4)(ii)(B) (West 1973).

On January 24, 1996, the Regional Director filed the present petition, together with a motion for judgment on the petition and accompanying affidavits.1 After hearing argument on the motion on January 26,1996, the court denied the Regional Director’s motion for judgment on the petition and scheduled an evidentiary hearing,2 leading to the following findings and conclusions.

II.

BACKGROUND

Busch is a wholesale distributor of beer, including Budweiser, and related products. (PetEx. 1). The Union represents two employee units at Busch. The collective bargaining agreements covering both units expired on November 13, 1994. Despite ongoing negotiations, the Union and Busch have yet to resolve their differences. During this period, the Union has engaged in a variety of activities purportedly aimed at discouraging consumers from purchasing products distributed by Busch. Transcript of Day 2 of Evidentiary Hearing at 29-30 (“Tr. 2:_”).

For the past four years, Busch has engaged WZLX to perform radio promotions of Budweiser beer at local bars and restaurants. Transcript of Day 1 of Evidentiary Hearing at 6-8 (“Tr. 1: — ”). These promotions, referred to as “Chuck’s Bar & Grille,” are generally held on Friday afternoons from 5:00 to 7:00 p.m. (Tr. 1:7-8). At the promotions, a WZLX disc jockey plays music, distributes Busch and WZLX paraphernalia, and, about five to seven times, performs a “breakaway,” which is an interactive segment with the patrons of the establishment that is broadcast live over the radio. (Tr. 1:8-9). Among other things, the disc jockey will ask trivia questions during the breakaway and distribute prizes to the winners. (Tr. 1:9). One of the purposes of the breakaway is to project an image of WZLX as a fun and entertaining station for the radio listener. (Tr. 1:20-22). WZLX considers these breakaways to be an integral part of a successful promotion. (Tr. 1:20).

At promotions conducted at Jose MacIntyre’s and the New Place in the Fall of 1995, the Union picketed outside the premises. (Tr. 1:51-52). Members of the Union also entered the establishments and disrupted the promotion by putting false names in WZLX’s “register to win boxes” and shouting anti-Busch slogans during the live microphone sessions. (Tr. 1:51). Because of WZLX’s concerns about the image these disruptions left for the radio listener, it informed Busch that it would not continue to stage these promotions. (Tr. 1:52; Evidentiary Hearing Exhibit 2 (“Ex._”)). After consulting with Busch, WZLX agreed to try one more promotion at the Pour House to determine whether the Union would continue to engage in the disruptive conduct. (Tr. 1:9-10). In light of the shouting during the breakaways at the prior promotions, WZLX decided that when the disc jockey went on the “live” microphone to interact with the patrons, the station would not actually broadcast the [74]*74event. (Tr. 1:10). WZLX, however, did not announce this decision to the public prior to or at the promotion. (Tr. 1:12).

On December 8, 1995, the Pour House promotion commenced at about 5:00 p.m. (Tr. 1:43). Prior to that time, members of the Union gathered to establish a picket line. (Tr. 1:108). Joe Riley, an alternate steward, was in charge of the Union activity and was taking names of the members that arrived. (Tr. 1:132). As patrons entered the Pour House, picketers made comments such as “Why are you going in there?” and “Don’t go in there!” (Tr. 1:14, 36, 67).

On the picket line, the Union displayed at various times two professionally printed banners. (Tr. 1:139-40; Pet. Ex. 5 at 2). One of the banners stated “Boycott Budweiser” and “Teamsters Local 122” and contained a logo depicting a “Bud Weasel.”3 (Tr. 1:140-41; Ex. B; Pet. Ex. 4 at 2; Pet. Ex. 5 at 2). The other banner was identical, except that it read “Boycott Bud Lite”. (Tr. 1:141; Pet. Ex. 4 at 2).

The Union members also carried several professionally printed placards. (Murphy Aff. ¶ 15). Some of these placards exhibit statements such as “This Bud’s Not For You” or “Boycott Bud,” together with the name of the Union. (Murphy Aff. ¶ 15; Pet. Ex. 5 at 2). Others exhibit the Bud Weasel logo, in which the phrase “IBT 122” appears in the red diagonal band, together with a statement such as “This Bud’s NOT for you!” and the name of the Union. (Tr. 1:143; Ex. C; Murphy Aff. ¶ 15; Pet. Ex. 3 at 2; Pet. Ex. 4 at 2; Pet. Ex. 5 at 2).

In addition to these printed placards, the Union members carried one homemade sign with the handwritten phrase “Union Busting is Family Busting.” (Tr. 2:32-33; Ex. F; Pet. Ex. 3 at 2; Pet. Ex. 4 at 2). The name of the Union was written on the bottom of the homemade sign and Bud Weasel stickers were affixed to it.4 (Tr. 2:32-33; Ex. F). The Union also distributed a leaflet. (Tr. I:56,144r45; Ex. D).

Inside the Pour House, members of the Union mingled with other patrons. They engaged in conversations with the patrons, and, when asked for further information distributed Bud Weasel stickers and handed out the leaflets. (Tr. 1:126).

The disc jockey, Tom Sheridan, performed the first “live” microphone at approximately 5:15 p.m. (Tr. 1:45,115). When Sheridan went on the microphone and began asking trivia questions, members of the Union shouted “Bud Weasel” and “Boycott Bud”. (Tr. 1:45). The second live microphone, at about 5:35 p.m., was greeted with the same chorus of shouts. (Tr. 1:15-16, 47-48; Carlson Aff. at 3). When one union member correctly answered a trivia question, he stomped on the hat he had received as a prize and tore it into pieces. (Tr. 1:17, 25, 48).

After the second breakaway, WZLX management and Sheridan concluded that they would not take any more “live breaks” that evening. (Tr. 1:18-19, 49). The entire promotion ended approximately half an hour earlier than scheduled, when the manager of the Pour House suggested that it be stopped. (Tr. 1:20, 49). As a consequence of the disruption of the radio broadcasts, WZLX informed Busch that it could no longer conduct radio promotions. (Tr. 1:21).

On December 12, 1995, Busch filed a charge with the National Labor Relations Board (the “Board”), alleging that the Union was engaging in an unfair labor practice by acting in furtherance of a secondary boycott. Pursuant to section 10(i), the Regional Director filed the instant petition seeking preliminary injunctive relief.

III.

STANDARD FOR A SECTION 10(1) INJUNCTION

In Union de Tronquistas de Puerto Rico, Local 901 v.

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928 F. Supp. 71, 153 L.R.R.M. (BNA) 2223, 1996 U.S. Dist. LEXIS 8360, 1996 WL 328628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmonds-v-teamsters-local-union-no-122-mad-1996.