Squillacote v. Racine Building & Construction Trades Council

483 F. Supp. 1218, 103 L.R.R.M. (BNA) 2387, 1980 U.S. Dist. LEXIS 9955
CourtDistrict Court, E.D. Wisconsin
DecidedJanuary 29, 1980
DocketCiv. A. No. 80-C-47
StatusPublished

This text of 483 F. Supp. 1218 (Squillacote v. Racine Building & Construction Trades Council) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Squillacote v. Racine Building & Construction Trades Council, 483 F. Supp. 1218, 103 L.R.R.M. (BNA) 2387, 1980 U.S. Dist. LEXIS 9955 (E.D. Wis. 1980).

Opinion

DECISION AND ORDER

TERENCE T. EVANS, District Judge.

This case is here on a petition filed by the Regional Director of the National Labor Relations Board (NLRB). The petition seeks a temporary injunction pursuant to § 10(1) of the National Labor Relations Act (the “Act”), 29 U.S.C. § 160(1). Following the filing of the petition on January 16, 1980, exhibits, affidavits and briefs were filed by the parties, and a hearing conducted by the court on January 24, 1980. The court took the matter under advisement.

The dispute before the court arises out of an NLRB investigation into “unfair labor practices” charges brought by A.R.S. Builders, Inc., a general contractor, against the respondents, various labor unions and the Racine Building and Construction Trades Council. Upon completion of the investigation, the Board issued a complaint charging violations of §§ 8(b)(4)(i), (ii)(A) and (B) of the Act. The NLRB then brought this petition seeking preliminary injunction relief.

A.R.S. is the general contractor engaged in the construction of a Burger King Restaurant at 3454 Douglas Avenue, Racine, Wisconsin. A.R.S. is a “non-union” contractor, in that it has no employees who are represented by a labor union. It subcontracts all of the construction work to both union and non-union contractors.

Since early December, A.R.S. has been embroiled in a labor dispute with the respondents concerning the building of the Burger King. Pickets have been present on the jobsite since December 7th, 1979. Construction has come to a standstill.

The dispute revolves around the use of subcontractors by A.R.S. who have not entered into a collective bargaining agreement with any labor union affiliated with respondent Racine Building and Construction Trades Council.

A.R.S. has commenced a separate action (No. 80-C-39) alleging antitrust violations against most of the same respondents named in this action. A petition for a temporary restraining order in that case was denied by this court on January 18, 1980, as was a separate petition by A.R.S. to intervene in this action. However, as “charging party” before the NLRB, counsel for A.R.S. has appeared in this case and presented evidence as permitted by § 10(1) of the Act.

The alleged unfair labor practices under § 8(b)(4)(B) involve claimed threats, inducements and coercive tactics designed to prevent others from doing business with A.R.S. The allegations under § 8(b)(4)(A) center on the undisputed attempt by respondents to have A.R.S. enter into an agreement whereby it will subcontract work only to subcontractors who have collective bargaining agreements with unions affiliated with the Trades Council. The agreement was formally proposed to A.R.S. at a meeting on December 19,1979. A.R.S. filed its charges with the NLRB the next day. The NLRB investigation followed, and its petition for injunctive relief was filed on January 16, 1980.

[1220]*1220The injunctive relief permitted by § 10(7) is interlocutory pending a final determination of the unfair labor practice charges before the Board. The prerequisite to the granting of an injunction is a finding by the court that there is “reasonable cause” to believe that a violation of the Act has been committed and that injunctive relief is “just and proper”. Boire v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, etc., 479 F.2d 788 (C.A.5, 1973). The court is not called upon to decide whether, in fact, a violation of the Act has been committed; the ultimate determination with respect to this question has been placed by Congress with the Board, subject to review by the courts of appeals pursuant to §§ 10(e) and (f) of the Act. Squillacote v. Graphic Arts International Union, 513 F.2d 1017 (C.A.7, 1975); N. L. R. B. v. Denver Building & Construction Trades Council, 341 U.S. 675, 71 S.Ct. 943, 95 L.Ed. 1284 (1951); Madden v. International Organization of Masters, Mates & Pilots, 259 F.2d 312 (C.A.7,1958), cert. denied, 358 U.S. 909, 79 S.Ct. 236, 3 L.Ed.2d 229 (1960).

THE ALLEGED § 8(b)(4)(B) VIOLATIONS

Section 8(b)(4)(i), (ii)(B) of the Act provides, in pertinent part:

(b) It shall be an unfair labor practice for a labor organization or its agents— * * * * * *
(4)(i) to engage in, or to induce or enT courage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or (ii) to threaten, coerce or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is:
* # * * * *
(B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person . . . Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing .

In essence, the Act outlaws “secondary” activity when an object of that activity is to force or require anyone to cease doing business with a primary target. Here, the primary target is A.R.S. Builders, Inc.

The affidavits on file reflect various inducements, threats and coercive activities used against several of the subcontractors and their employees, and against Burger King. The NLRB maintains that this activity amounts to an illegal “secondary boycott” of A.R.S.: that is, pressure brought to bear not on the primary target in the dispute (A.R.S.), but upon third parties, the objective being to force the third parties to bring pressure on the primary employer to agree to the union’s demands. NLRB v. Local 825, International Union of Operating Engineers AFL-CIO, 400 U.S. 297, 91 S.Ct. 402, 27 L.Ed.2d 398 (1971); National Woodwork Manufacturers Association, et al. v. NLRB, 386 U.S. 612, 87 S.Ct. 1250, 18 L.Ed.2d 357 (1967). However, if the activity is “primary” in nature, even if it disrupts the target employer’s business, it is protected under the Act. NLRB v. Operating Engineers, supra, at 303, 91 S.Ct. 402.

The situation here is complicated by the fact that there is a “common situs relationship” on the jobsite: that is, both primary (A.R.S.) and secondary targets (subcontractors) are located at the same site. NLRB v. Denver Building and Construction Trades Council, 341 U.S. 675, 71 S.Ct. 943, 95 L.Ed. 1284 (1951).

The NLRB has held that picketing at a common-situs is permissible and is considered “primary” if certain conditions are met. In the Matter of Sailors’ Union of the Pacific, AFL and Moore Dry Dock Co., 92 NLRB No. 93, p. 547 (1950).

[1221]

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483 F. Supp. 1218, 103 L.R.R.M. (BNA) 2387, 1980 U.S. Dist. LEXIS 9955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/squillacote-v-racine-building-construction-trades-council-wied-1980.