International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America

National Labor Relations Board - Board Decisions

Aug 28, 1951

95 N.L.R.B. 1420 (N.L.R.B. 1951)

1420 DECISIONS OF NATIONAL LABOR: RELATIONS BOARD
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, ^ WARE=
HOUSEMEN AND HELPERS OF, AMERICA, LOCAL No. 201, AFL and
THE INTERNATIONAL RICE MILLING, CO.*) INC.; AMERICAN RICE Mn L-
ING CO., INC.; LOUISIANA STATE RICE MILLING CO., INC.; AND JOSEPH
DORE, SR., DOING BUSINESS AS SUPREME RICE MILL
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL No. 201, AFL and
LOVING RICE MILLS
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL No. 201, AFL and
LOUISIANA STATE RICE MILLING CO., INC.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, LOCAL No. 201, AFL and
KAPLAN RICE MILLS, INC. Cases Nos. 15-CC-1,15.-CC-2,15-CC-3,
and 15-CC-4. August 28, 1951
Supplemental Decision and Order
On June 21, 1950, the United States Court of Appeals for the Fifth
,Circuit reversed the Board's Decision and Order 1 dismissing the com-
plaint in the above-entitled proceeding, and remanded the case to the
Board for further proceedings not inconsistent with the opinion of the
,Court.' Thereafter, the United States Supreme Court granted certi..
,orari on certain issues, and on June 4, 1951, upheld the Board's findings
thereon.3 Accordingly, there remains for our consideration only the
question of whether the Respondent Union's conduct towards the rail-
road workers, in light of the Circuit Court's ruling that railroads are
"employers" within the meaning of Section 8 (b) (4) (A) and' (B) of
the Act, constitutes a violation of those provisions of the Act.
In his Intermediate Report, the Trial Examiner found in part that
the picketing of the railroads was violative of Section 8 (b) (4) (A)
and (B) of the Act. No specific exception was taken to this finding.
In the circumstances, and as no novel question of law is involved, we
.adopt it, and shall issue an appropriate order .4
Order
Upon the entire record in the case, and pursuant to Section 10 (c)
and (e) of the National Labor Relations Act, as amended, the National
3 84 NLRB 360.
2 183 F. 2d 21.
3 341 U. S. 665.
Our Order is not to be construed as prohibiting any legitimate primary activity. See,
for example , our original Decision and Order herein , insofar as approved ' by the Supreme
cCourt.
.95 NLRB No. 186.
INTERNATIONAL BROTHERHOOD 'OF TEAMSTERS. 1421
Labor Relations Board hereby orders that the' Respondent, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local. No. 201, AFL, and its officers, representa-
tives, and agents shall:
1. Cease and desist from inducing or, encouraging employees of
Texas and New Orleans Railroad, of New Orleans, Texas and Mexico
Railroad Company, or any other employer (other than The Interna-
tional Rice Milling Co., Inc., American - Rice Milling Co., Inc.,
Louisiana State Rice Milling Co., Inc., Joseph Dore, Sr., doing business
as, Supreme Rice Mill, Loving Rice Mills, or Kaplan Rice Mills, Inc.),
by picketing or related conduct,, to engage in a strike or concerted
refusal in the course of their employment to use, manufacture, process,
transport, or otherwise handle or work on any goods, articles, materials,
or commodities, or to perform any services for their respective em-
ployers, where an object thereof is (1) to force or require their em-
ployer or any other person to cease using, selling, handling, transport-
ing, or otherwise dealing in the products of, or to cease doing business
with, The International Rice Milling Co., Inc., American Rice Milling
Co., Inc., Louisiana State Rice Milling Co., Inc., Joseph Dore, Sr.,
doing business as Supreme Rice Mill, Loving Rice Mills, or Kaplan
Rice Mills, Inc., or (2) to force or require any other employer to
recognize or bargain with International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Local No. 201,
AFL, as the collective bargaining representative of his employees
unless and until such labor organization has been certified as such
representative in accordance with the provisions of Section 9 of the
Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Post in its business office copies of the notice attached hereto
as "Appendix A." 8. Copies of said notice, to be furnished by the Re-
gional Director for the Fifteenth Region, shall, after being duly signed
by-the Respondent, be posted by-it immediately upon receipt thereof
and maintained for a period of sixty (60) consecutive days thereafter,
in conspicuous places, including all places where notices to members
are customarily posted. Reasonable steps shall be taken by the Re-
spondent to insure that said notices are not altered, defaced; or cov-
ered by any other material.
(b) Notify the Regional Director for the Fifteenth Region in
writing, within ten (10) days of the date of this Order, what steps
the Respondent has taken to comply herewith.,
IT isFURTHER ORDERED that the Order of June 20, 1949, in this case
be, and it hereby is, set aside insofar as it deals with the railroad
In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be inserted before the words "a Decision and Order"' the' words
"Decree of the United States Court of Appeals Enforcing."
14 2 DECISIONS - OF ' NATIONAL LABOR • RELATIONS BOARD
picketing as to which. We have- now adopted the' Trial Examiner's
findings.
CHAIRMAN HERZOG and MEMBER STYLES took no part in the' con-
-sideration of the above Supplemental Decision andiOrder.
Appendix A
NOTICE TO ALL MEMBERS
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended , we hereby give notice that :
WE WILL NOT induce -.or.-encourage any employees - of TEXAS
AND NEW ORLEANS RAILROAD , OF NEW ORLEANS, TEXAS AND MEXICO
RAILROAD COMPANY, or of any other employer, , ( other than The
International Rice Milling Co., Inc., American Rice Milling Co.,
Inc., Louisiana State Rice Milling,Co ., Inc., Joseph Dore, Sr.,
doing business as Supreme Rice Mill, Loving Rice Mills, or Kap-
lan Rice Mills, Inc.,) by picketing or related conduct , to engage.
in a strike or concerted refusal in the course of their employment
to use , manufacture , process, transport , or otherwise handle -or
work on any goods , articles, materials , or commodities , or-to per-
form any services for their respective employers , when an object
thereof is ( 1) to force or require their employer or any other
person to cease using , selling, handling , transporting , or other-
wise dealing in the products of, or to cease doing business with,
The International Rice Milling Co., Inc., American Rice Milling
Co., Inc., Louisiana State Rice Milling Co ., Inc., Joseph Dore, Sr.,
doing business as Supreme Rice . Mill, Loving Rice Mills , or Kap-
lan Rice Mills, Inc., or ( 2) to force or require any other employer ,
to recognize or bargain with International Brotherhood'of-Team-
sters , Chauffeurs, Warehousemen and Helpers of America, Local
201, AFL , as the collective bargaining representative of his em-
ployees unless and until such labor organization has been certified
as such representative in accordance with the provisions of Sec-
tion 9 of the National Labor Relations Act.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAIIFFEURB,
WAREHOUSEMEN AND HELPERS OF AMERICA , LOCAL No. 201,.
AFL.
By -------------------------------------------------------
(Representative ) (Title)
Dated --------------------
This notice must remain posted for sixty (60) .days from-the date
hereof, and must not be altered, defaced, or covered by any other
material..