Teamster Local No. 126

National Labor Relations Board - Board Decisions

Apr 28, 1969

175 N.L.R.B. 630 (N.L.R.B. 1969)

630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
General Teamster , Warehouse and Dairy Employees,
Local-No.,126, and its Agent William Wetzel: and
General ' Drivers and Dairy Employees , Local No.
563, and its Agents Robert Schlieve , Marvin De
Vries, and Jeff Curtin and Courtney & Plummer,
Inc. Case 30-CC-88
April 28, 1969
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
On November 22, 1968, Trial Examiner Robert
E. Mullin issued his Decision on the above-entitled
proceeding, finding that Respondents had engaged in
and were engaging in certain unfair labor practices,
and , recommending that they cease and desist
therefrom and take certain affirmative action, as set
forth in the attached Trial Examiner's Decision.
Thereafter, the General Counsel filed exceptions to
certain portions of the Trial Examiner's proposed
Order and Notice. Respondents filed exceptions to
the Trial Examiner's Decision and a brief in support
thereof, and the-Charging Party filed an answering
brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a
three-member panel.
The Board has reviewed the rulings of the Trial
Examiner made at, the hearing and finds that no
prejudicial error Was committed. The rulings are
hereby affirmed. The Board has considered the Trial
Examiner's Decision, the exceptions, and briefs, and
hereby adopts the findings, conclusions, and
recommendations of the Trial Examiner, as
modified herein.
We agree with the Trial Examiner that
Respondents, have engaged in unfair labor practices
in Neenah, Wisconsin, in violation of Section
8(b)(4)(i) and (ii)(B) of the Act. However, the
General Counsel and the Charging Party contend
that the Trial Examiner's Recommended Order and
Notice, which are limited to the named neutral
Employers, should be expanded in view of similar
picketing , by Local 563 at the Oshkosh Ready-Mix
Co. in 1965; the - 8(b)(4) violations of Respondent
Local 126 recently found in Building and
Construction Trades Council of Fond Du Lac
County (Wisconsin) et al., (Roger W. Peters
Construction Co., Inc.), 168 NLRB No. 81;' and the
presence of other ready-mix companies in the area
which might be affected by the recurrence of like or
related unlawful conduct of Respondents. As the
pattern of Respondents' conduct indicates the
likelihood that secondary employers and employees
other than Courtney & Plummer, Inc. and Twin
City Concrete Corporation and their employees may
be subjected to the practices herein found violative
of the Act, we shall broaden the Order and
corresponding portions of the Notices.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the
Recommended Order of the Trial Examiner, as
modified below, and orders that Respondents,
General Teamster, Warehouse and Dairy
Employees, Local No. 126, its secretary treasurer,
William Wetzel; and General Drivers and Diary
Employees, Local No. 563, its secretary treasurer,
Robert Schlieve, and business agents, Marvin De
Vries and Jeff Curtin; and the other officers,
representatives, and agents of Local Nos. 126 and
563, shall take the action set forth in the Trial
Examiner's Recommended Order, as herein
modified:
1. Amend A, 1(a), and B, 1(a), to read:
(a) Inducing or encouraging any employees of
Courtney & Plummer, Inc. and Twin City Concrete
Corp., or any individual employed by any other
person engaged in commerce or in an industry
affecting commerce, to engage in a strike or refusal
in the course of their employment to perform
services with an object of forcing or requiring the
above-named companies to cease doing business
with Oshkosh Ready-Mix Co.
2. Amend A, 1(b), and B, 1(b), to read:
Threatening, coercing, or restraining Courtney &
Plummer, Inc., and Twin City Concrete Corp., or
any other person engaged in commerce or in an
industry affecting commerce, with an object of
forcing them to cease doing business with Oshkosh
Ready-Mix Co.
3. Amend the first and second indented
paragraphs of Appendix A and Appendix B to read:
WE WILL NOT induce or encourage employees
of Courtney & Plummer, Inc. or Twin City
Concrete Corp., or any individual employed by
any other person engaged in commerce or in an
industry affecting commerce, to engage in a
strike, or to refuse, in the course of their
employment, to perform any service with an
object of forcing or requiring the aforesaid
employers to cease doing business with Oshkosh
Ready-Mix Co.
WE WILL NOT threaten, coerce, or restrain
Courtney & Plummer, Inc., or Twin City
Concrete Corp., or any other person engaged in
commerce or in an industry affecting commerce,
with an object of forcing or requiring them to
cease doing business with Oshkosh Ready-Mix
Co.
'In that decision , the Board adopted the broad remedy which the Trial
Examiner therein recommended because of "the wide-spread nature of the
violations and the Unions' [including Local 126] avowed determination to
extend their campaign throughout the area."
175 NLRB No. 86
TEAMSTER LOCAL NO. 126
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
ROBERT E. MULLIN, Trial Examiner: This case was
heard in Appleton, Wisconsin, on September 24, 1968,
pursuant to a charge duly filed and served,' and a
complaint issued on August 15, 1968. The complaint
presents questions as to whether the Respondent Unions
violated Section 8(b)(4)(i) and (ii)(B) of the Act. In their
answer, duly filed, the Respondents denied all allegations
that they had committed any unfair labor practices.
All parties appeared at the hearing and were given full
opportunity to be heard, to examine and cross-examine
witnesses, to introduce relevant evidence and to argue
orally. Oral argument was waived. On October 23, 1968,
all counsel submitted able and comprehensive briefs.
Upon the entire record in the case and from his
observation of the witnesses, the Trial Examiner makes
the following: .
FINDINGS OF FACT
I. THE EMPLOYERS INVOLVED
Courtney & Plummer, Inc., a Wisconsin corporation, is
engaged at Neenah, Wisconsin, in the sale of sand, gravel,
and aggregate and also as a general contractor.
Twin City Concrete corporation, herein called Twin
City,' a Wisconsin corporation, located in Neenah,
Wisconsin, and with a batch plant near Appleton,
Wisconsin, is engaged in the sale and delivery of ready
mixed concrete to the building and construction industry.
During the year preceding issuance of the complaint,
Courtney & Plummer had gross sales in excess of $1
million. Throughout the same period both Courtney &
Plummer and Twin City supplied services and materials
valued in excess of $50,000 to enterprises which
themselves are employers engaged in commerce or in
industries affecting commerce.
At all times material herein Inland Trucking Co. and
Wesley Meilahn d/b/a Oshkosh Ready Mix Co., a
partnership (herein called Oshkosh), located in Oshkosh,
Wisconsin, has been engaged in the sale and delivery of
ready mixed concrete to the building and construction
industry.
Upon the foregoing facts, the Respondents concede,
and the Trial Examiner finds, that Courtney & Plummer,
Twin City and Oshkosh are, and have been, employers
engaged in commerce or in industries affecting commerce
as defined in the Act.
' The charge was filed on July 23, 1968.
'This corporate name appears in the pleadings and in the record as
"Twin Cities Concrete Corp." In his brief, however, counsel for the
Charging Party submits that this is.incorrect and that the proper name is
"Twin City Concrete Corp." At the close of the hearing, the General
Counsel moved that the pleadings be conformed to the proof This motion
was granted In accord with that ruling, the submission by the Charging
Party will be treated as an extension of that motion . As such it is granted
and the record is hereby corrected so that insofar as the name of the
aforesaid corporation appears therein it will read "Twin City Concrete
Corp."
'A motion by the General Counsel to change the name Coffin, which
appeared in the original caption , to Curtin, was granted by the Trial
Examiner.
II. THE LABOR ORGANIZATIONS INVOLVED
631
General Teamster, Warehouse and Dairy Employees,
Local No. 126 (herein called Local 126) and General
Drivers and Dairy Employees, Local No. 563 (herein
called Local 563) are labor organizations within the
meaning of the Act. It was undisputed, and the Trial
Examiner finds, that at all times material herein William
Wetzel, secretary-treasurer of Local 126, Robert Schlieve,
secretary-treasurer of Local 563, and Marvin De Vries
and Jeff Curtin,3 both business agents of Local 563, were
likewise agents of their respective local unions within the
meaning of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICES
A. Background and Sequence of Events
Members of the Courtney and Plummer families make
up the boards of directors for both Courtney & Plummer
and Twin City, hold all the corporate officer posts, and
control all the stock. A majority of the shares in these
companies is held by David Courtney, Sr., Walter
Courtney and Earl Plummer, the senior members of the
two families. The balance of the stock is held by their
children. Both companies have their corporate
headquarters at the same location in Neenah, Wisconsin,
where they occupy the same office space, have a joint
bookkeeping department and share many other indicia of
common ownership. It was conceded by all parties that,
for the purposes of this case, Courtney & Plummer and
Twin City constitute a single employer within the meaning
of the Act.
Local 563 is the bargaining agent for the drivers of
Courtney & Plummer and Twin City.'
Local 126 represents the drivers of Oshkosh, an
employer which has its plant and facilities located
approximately 16 miles from the Neenah premises of
Courtney & Plummer and Twin City. Local 126 does not
represent any employees of the latter two companies.
On July 19, 1968,5 Local 126 struck Oshkosh and began
picketing its plant. That same day pickets from Local 126
appeared at the premises of Courtney & Plummer and
Twin City.` In establishing their picket line, they canned
signs both then and later which bore the following legend
on one side: "Courtney & Plummer Inc., allied with
Oshkosh Ready Mix." On the other side appeared the
words: "Teamsters Local 126 on strike. Oshkosh Ready
Mix Co."
The pickets appeared at the entrance to the main yard
of the Charging Party at about 12:30 p.m. on July 19. It
is undisputed that drivers for Courtney & Plummer
ignored the pickets and continued using the main gate for
both ingress and egress until about 12:45 p.m. At that
time, Robert Schlieve, Marvin De Vries and Jeff Curtin,
all representatives of, and agents for, Local 563, arrived
on the scene and started halting the trucks. In each such
instance, Schlieve told the driver that the picket line which
Local 126 had established was primary in character and
that under the collective-bargaining agreement which
'Another unit of employees at Courtney & Plummer is represented by
Local 139, International Union of Operating Engineers , AFL-CIO.
'All dates referred to hereinafter are for the year 1968, unless otherwise
specifically noted.
'In view of a stipulation of the parties that Courtney & Plummer and
Twin City constitute a single enterprise within the meaning of the Act,
unless otherwise indicated , all subsequent references to Courtney &
Plummer may be presumed to include Twin City as well
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 563- had with the Charging Party, the employees
had the right to respect such a picket line. When Schlieve
and his associates began contacting the drivers for
Courtney & Plummer and Twin City, these employees
ceased work. Shortly after the pickets arrived, David R.
Courtney, Jr.,' questioned Schlieve about the picketing.
According to Courtney's credible and uncontradicted
testimony, Schlieve first asserted that the picketing was
primary in nature and thereafter he questioned Courtney
as to what the latter could do about the labor dispute at
Oshkosh Ready Mix. Courtney testified that in his
response to the union representative he disclaimed any
control over the situation at Oshkosh on the ground that
the latter made its own decisions.
The picketing in question continued until July 25. From
the time that the business agents for Local 563 contacted
the drivers on . July 19, until the termination of the
picketing on July 25, the employees for Courtney &
Plummer performed no work at the main yard. Other
employees, however, who worked at locations where there
was no picketing, remained on the job.,
On July 29, and after the cessation of picketing by
Local 126, Local 563 called a strike at Courtney &
Plummer. At the time of the hearing, this strike was still
in progress.
The foregoing findings , based on stipulations of the
parties, or on the credible and uncontradicted testimony of
David R, Courtney, Jr., are not in dispute. This evidence
establishes that Schlieve and his associates, as agents for
Local 563, in support of the dispute which Local 126 had
with Oshkosh, induced and encouraged individuals
employed by Courtney & Plummer, a neutral, to refuse to
perform services, and that they thereby also coerced and
restrained Courtney & Plummer in each instance and with
an object of forcing the latter to cease doing business with
Oshkosh. If there were no further evidence in this matter,
the foregoing would establish a violation of Section
8(b)(4)(i) and (ii)(B) of the Act by the Respondent.
Painters Local 272, et al. (Howard H. Whitney), 167
NLRB No. 68. In this case, however, there is indeed
much More to consider, for the Respondents assert that
Courtney & Plummer was not a neutral in the labor
dispute in which Oshkosh was involved, but an "ally" as
that term is, used in the law on secondary boycotts,
because of a series of interlocking family, corporate and
partnership connections . Local 282, International
Brotherhood of Teamsters (Acme Concrete & Supply
Corp.), 137 NLRB 1321, 1323-24 (and cases there cited,
In. 2); Squillacote v. Drivers Union (Chase Ready-Mix),
decided Augpst 19, 1965, 60 LRRM 2057 (D.C. Wis.). To
the facts in connection with this issue we will not turn.
B. The Ally Defense; Findings And Conclusions With
Respect Thereto
As found - earlier herein, the stock in Courtney &
Plummer and Twin- City is owned by various members of
the Courtney And Plummer families. These have been
referred to in the briefs as the first and second generations
of the two named families-.-The first, or elder generation,
is represented by Earl Plummer, Walter Courtney and
David Courtney, -Sr, The second generation consists of
David Courtney, Jr., and his sister Gwenn Courtney
Jensen ," both of whom are the children of David
Courtney, Sr.; Pearl Courtney Williams (daughter of
'Courtney is president of Twin City and treasurer of Courtney &
Plummer.
Walter Courtney) and her husband, Harvey Williams; and
the five sons of Earl Plummer, namely, Charles, William,
James, Thomas, and Robert Plummer.
Insofar as the issues in this case are concerned, the first
generation of the Courtneys and Plummers has an interest
only in Courtney & Plummer and Twin City. The second
generation of those two families, however, owns and
controls a partnership known as Inland Trucking
Company (herein called Inland). By itself, Inland has no
employees, pays no salaries, and has no managerial or
administrative personnel. Initially, Inland was involved
only in the leasing of dump trucks and various other
property to Courtney & Plummer.' In about 1963, Inland
bought a 50 percent interest in Green Lake Ready-Mix
(herein called Green Lake), a partnership in Ripon,
Wisconsin. Green Lake is likewise engaged in the
production and sale of ready-mixed concrete. The other 50
percent in Green Lake was then, and has continued to be,
held by Wesley Meilahn. By a similar arrangement,
Inland and Meilahn acquired control and ownership of
two other ready-mix concrete businesses. These were
Waupun Ready-Mix and Randolph Ready-Mix, the
former located at Waupun, Wisconsin and the latter in the
village of Randolph. In or about 1965, Inland and
Meilahn established Oshkosh Ready-Mix in Oshkosh,
Wisconsin.'"
The partnership arrangement at Oshkosh is similar to
that at Green Lake, Waupun and Randolph, with a 50
percent interest being held by Inland and Meilahn holding
the other 50 percent. At Oshkosh, however, Meilahn,
pursuant to an agreement with Inland, is the operating
partner. As such he receives a salary and has complete
direction of the day-to-day management of the business.
In this capacity Meilahn signs all payroll checks" and
controls labor relations. At the same time Meilahn's wife
and an assistant are responsible for keeping all books and
records at Oshkosh. As mentioned earlier, Meilahn has no
financial interest or control in Courtney & Plummer or
Twin City.
Courtney & Plummer and Twin City have their own
bookkeeping department which is located at their
corporate headquarters in Neenah.. Both of these
employers are members of the Fox Valley Material
Suppliers Association, but Oshkosh is not. Fox Valley
handles the negotiation of collective-bargaining
agreements with the unions which represent the employees
of its members. Joseph Melli, Esq., of Madison,
Wisconsin, is legal counsel for the Association and for
Courtney & Plummer, whereas counsel for Oshkosh is
Russ Mueller, Esq., of Milwaukee. The last effective
contract which Courtney & Plummer had with Local 563
was signed by Charles Plummer and the last agreement
which Twin City had was signed, on behalf of that
'This name also appears in the record as "Johnson ." In his brief counsel
for the Charging Party states that the correct name is Jensen.
'The leasing arrangement has continued in effect between these two
businesses . Thus, Inland has leased not only dump trucks, but also two
crushing plants to Courtney & Plummer.
1BMeilahn and the second generation of Courtneys and Plummers also
share in the ownership of Beaver Ready Mix, a corporation that was
acquired in 1967 . The, stock ownership in Beaver is divided as follows
Meilahn , 25 percent , David Courtney, Jr., and his sister, 25 percent, Pearl
Courtney Williams and her husband , 25 percent, and the five Plummer
brothers the remaining 25 percent
"Pursuant to another, and similar agreement , Meilahn is also the
operating partner at Green Lake.
'2It should be noted, however, that , pursuant to the partnership
arrangement , any checks other than those for the payroll must be signed
by Meilahn jointly with one of three named partners in Inland.
TEAMSTER LOCAL NO. 126
company, by David Courtney, Jr. On the other hand, the
last collective-bargaining agreement which Local 126 had
with Oshkosh was signed by Wesley Meilahn."
Oshkosh and Courtney & Plummer do a small amount
of business with each other , but the amount is
insignificant . The Respondents subpoenaed the names of
all of Oshkosh's suppliers . A list containing 44 names was
produced. Courtney & Plummer was one of the firms
listed. However, Meilahn credibly testified that the only
item purchased from the Charging Party was a certain
grade of gravel and that the annual total of such
purchases did not exceed $500. Apart from this particular
item, no Courtney or Plummer owns any source of stone
or sand used by Oshkosh. Twin City occasionally sells
ready-mix concrete to Oshkosh and vice versa.
Throughout the period from October 1967 to August
1968, the monthly total of such sales varied from a high
of $1,062 in one month" to a low of $101 in another15 and
in one month there were no purchases at all." From time
to time, Oshkosh rents concrete mixers to Twin City.
This, however, is done only sporadically, and when it does
occur, Oshkosh charges Twin City the same equipment
rental rate as it charges any other competitor . Conversely,
when Oshkosh rents mixers from Twin City, the latter
charges Oshkosh the standard rental rate . From the
record it is clear that whatever business they do with each
other is on the same terms and conditions as with their
other customers and suppliers.
There is no common supervision of the employees of
Courtney & Plummer and those of Oshkosh, and neither
is there any interchange of employees. At one point in
1965 when the employees of Courtney & Plummer were
on strike, two of the strikers were hired by Oshkosh.
Aside from this instance , the Respondents were unable to
establish that there was ever any movement of employees
from one company to the other , much less a regular
practice of transferring employees from one payroll to the
other.
Concluding Findings
As to the issues of common ownership, it will be seen
from the above-findings that the majority shareholders of
Courtney & Plummer and Twin City are the two first
generation Courtneys and Earl Plummer, none of whom
has any direct or indirect economic interest in Oshkosh,
or in the four ready-mix concerns not involved in the
picketing. Furthermore, Wesley Meilahn, the 50 percent
owner and operating partner of Oshkosh has no economic
interest, direct or indirect, in Courtney & Plummer or
Twin City. Whereas the second generation of Courtneys
and Plummers holds a 50 percent interest in Oshkosh,
they can not make unilateral decisions there, nor can they
do so at Courtney & Plummer and Twin City where they
are the minority shareholders.
There was an absence of proof of any common labor
policy for Oshkosh, on the one hand, and Courtney &
Plummer on the other. Meilahn, who is responsible for
labor relations at Oshkosh and in charge of day-to-day
management, has no control over those matters at the
Charging Party. Whereas Local 126 represents the drivers
"All of these contracts expired on May 1, 1968 , and at the time of the
hearing , collective-bargaining negotiations had not yet resulted in the
execution of any new agreement.
"March 1968.
"July 1968.
"January 1968.
633
at Oshkosh, this classification at Courtney & Plummer is
represented by Local 563. Meilahn, on behalf of Oshkosh,
handles its collective-bargaining negotiations, while those
for Courtney & Plummer are conducted through the Fox
Valley Material Suppliers Association. Finally, it is of
some significance that counsel for the latter is different
from counsel who represents Oshkosh."
There was no evidence of any employee interchange
between Oshkosh and Courtney & Plummer. Only once
were any employees of one hired by the other. The sole
instance of this involved two individuals who, while on
strike at Courtney & Plummer in 1965, were hired to
work at Oshkosh. The evidence as to equipment
interchange disclosed that rental fees were charged
whenever it occurred, and that such fees were the same as
those charged by Oshkosh or Courtney & Plummer to any
competitor for use of the same equipment. No evidence
revealed any significant sale of supplies by Courtney &
Plummer to Oshkosh, or any significant purchase by the
former from the latter. Finally, there was no evidence of
any financial interchange between the two parties in
question and, as found earlier, each has its own
managerial , supervisory and bookkeeping personnel.
The Board has considered the type of defense raised by
the Respondents herein in a substantial number of cases,
one of the more recent being Drivers, Chauffeurs and
Helpers Local No. 639 (Poole's Warehousing, Inc.), 158
NLRB 1281. There the Board held that where two
employers are commonly owned and operated it is
necessary to prove more than common ownership in order
to establish that they are "allies" within the meaning of
the ally doctrine. In adopting the Trial Examiner's
decision in that case the Board stated:
There must be in addition [to common ownership] such
actual or active common control, as distinguished from
merely a potential, as to denote an appreciable
integration of operations and management policies.
(Ibid., at 1286)
In an earlier case , Miami Newspaper Printing Pressmen
Local No. 46 (Knight Newspapers, Inc.), 138 NLRB
"In one instance , Meilahn and David Courtney, Jr., participated in
negotiation of a new collective-bargaining agreement for Beaver
Ready-Mix . The Respondents rely on this incident as evidence of a master
labor policy for the Meilahn and Inland Trucking interests The facts,
however, do not support this view
Beaver was bought out in 1967. Meilahn testified that the
collective-bargaining agreement that Beaver had with Teamsters Local 695
(which has its headquarters in Madison, Wisconsin ) expired the day after
the new management assumed control. For a short while thereafter the
illness of the incumbent manager made it necessary for both Meilahn and
David Courtney, Jr , to be involved in the day-to-day operations of the
newly acquired company. During this period Meilahn and Courtney , acting
for Beaver, negotiated a new agreement with Local 695. Meilahn testified
that about a month after their acquisition of Beaver , one Harvey Puls was
appointed general manager and that since that time Puls has been in
complete charge of Beaver's day-to-day operations and in the
administration of its labor policy.
The second generation Courtneys and Plummers hold 75 percent of the
stock in Beaver (it is a corporation ) and Meilahn holds only the remaining
25 percent . This is in contrast with the partnership arrangement at
Oshkosh , Green Lake, Waupun, and Randolph where Meilahn holds a 50
percent interest , and at Oshkosh and Green Lake is also the operating
partner . In view of the division of stock in Beaver it was much more likely
that one of the Courtneys or Plummers would be involved with Meilahn in
contract negotiations In any event , rather than establishing that the
participation of Meilahn and David Courtney in the collective-bargaining
negotiations there was proof of a centralized labor policy, the evidence
discloses that this development was out of the ordinary and largely due to
the unusual circumstances which confronted the new group when it
assumed control of Beaver.
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1346, 1347-48, enfd. 322 F.2d 405 (C.A.D.C.), the Board
held that integration of operations is not to be taken for
granted even if there are common officers and directors
and a single owner of two corporate enterprises.
Although it is somewhat arguable , the General Counsel
concedes that in the present case common ownership is
present. In any event, on the findings set forth above, the
Trial Examiner concludes and finds that there is no
"actual or active common control" of Oshkosh and
Courtney & Plummer and further that the Respondents
have failed to establish "an appreciable integration of
operations and management policies" of the aforesaid
business concerns , Drivers, Chauffeurs and Helpers Local
No. 639 (Poole's Warehousing, Inc.), 158 NLRB 1281;
Miami Newspaper Printing Pressmen Local No. 46
(Knight Newspaper, Inc.), 138 NLRB 1346, enfd. 322
F.2d 405 (C.A.D.C.); General Drivers, Chauffeurs and
Helpers Local Union No. 806 (Ada Transit Mix) 130
NLRB 788, 794-795; and Penello v. American Federation
of Television and Radio Artists Washington Baltimore
Local, AFL-CIO, 291 F. Supp. 409 (D. Md.)"
Accordingly, the Trial Examiner concludes and finds that,
on the facts set forth here, Oshkosh and Courtney &
Plummer are operated as separate and distinct business
enterprises , and that there is no merit to the Respondents'
defense that the employers in question are "allies" within
the meaning of Section 8(b)(4) of the Act. In the light of
this conclusion and the earlier findings set forth in section
III,A, supra , the Trial Examiner concludes and finds that
the Respondents violated Section 8(b)(4)(i) and (ii)(B) of
the Act. s'
CONCLUSIONS OF LAW
1. Courtney & Plummer , Twin City and Oshkosh are,
and at all times material have been, engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
2. Respondents, Local 126 and Local 563, are labor
organizations , and William Wetzel, Robert Schlieve,
Marvin De Vries, and Jess Curtin are agents within the
meaning of the Act.
3. By inducing and encouraging individuals employed in
industries affecting commerce to refuse in the course of
"The cases cited in the Respondents ' brief and relied on to establish the
applicability of the ally doctrine are all distinguishable on their facts from
the situation presented herein. Thus, in Sakrete of Northern California,
Inc., 137 NLRB 1220, 1222-23, the Board found that the two companies
there involved constituted a single employer because they had a common
management and centralized control of labor relations Similarly, four
other cases relied on by the Respondents (Local 282, International
Brotherhood of Teamsters, (Acme Concrete & Supply Corp.), 137 NLRB
1321, 1323; N.L.R.B. v. Williams Lumber Co., 195 F 2d 669, 172-173,
cert . denied 344 U.S. 834 ; Squillacote v. Drivers Union (Chase Ready
Mix), decided August 19 , 1965 (D .C. Wis.) 60 LRRM 2057; and N.L R B.
v. Jones Sausage , 257 F.2d 878 (C.A. 4)), all present factual situations
where the relastionship between the companies involved was closely akin to
that which exists between Courtney & Plummer and Twin City here, rather
than that which prevails between these two and Oshkosh . In describing the
relationship between the two companies involved in Jones Sausage the
court there said , in language that is applicable to the factual picture set
forth in all the cases on which the Respondents rely- "the substantial
identity of ownership and control of the two enterprises, their occupancy of
a single building , and the integration of their activities , warranted the
Board's finding that they constitute a single employer . " (Ibid., at 880).
"Finally , it should be noted that this case presents no issue as to
"farmed out" work for a struck employer . There was no evidence that
either Courtney & Plummer or Twin City performed struck work for
Oshkosh . Nor did the Respondents so contend either at the hearing or in
their brief. Cf United Steelworkers of A merica, AFL-CIO ( Tennessee
Coal & Iron Division of the United Steel Corporation), 127 NLRB 23
their employment to perform services, with an object of
forcing or requiring Courtney & Plummer and Twin City
to cease doing business with Oshkosh the Respondents
have engaged in unfair labor practices affecting commerce
within the meaning of Section 8(b)(4)(i)(B) and Section
2(6) and (7) of the Act.
4. By threatening, coercing and restraining Courtney &
Plummer and Twin City to cease doing business with
Oshkosh, the Respondents have engaged in unfair labor
practices affecting commerce within the meaning of
Section 8(b)(4)(ii)(B) and Section 2(6) and (7) of the Act.
Upon the foregoing findings and conclusions and the
entire record, and pursuant to Section 10(c) of the Act,
the Trial Examiner hereby issues the following:
ORDER
A. The Respondent, General Teamster, Warehouse and
Dairy Employees, Local No. 126, its officers,
representatives, agents, successors, and assigns, and the
Respondent, William Wetzel, its secretary-treasurer, shall:
1. Cease and desist from:
(a) Inducing or encouraging employees of Courtney &
Plummer, Inc., and Twin City Concrete Corp., to engage
in a strike or refusal in the course of their employment to
perform services with an object of forcing or requiring the
above-named companies to cease doing business with
Oshkosh Ready Mix Co.
(b) Threatening, coercing, or restraining Courtney &
Plummer, Inc., and Twin City Concrete Corp., with an
object of forcing them to cease doing business with
Oshkosh Ready Mix Co.
2. Take the following affirmative action, which is
necessary to effectuate the policies of the Act:
(a) Post in conspicuous places at its offices and meeting
halls, including all places where notices to its members are
customarily posted, copies of the attached notice marked
"Appendix A.i20 Copies of said notice, on forms provided
by the Regional Director for Region 30, after being duly
signed by an authorized representative of the Respondent
Local 126, and by the Respondent Wetzel, shall be posted
by the said Respondents immediately upon receipt thereof
and be maintained by Respondent Local 126 for 60
consecutive days thereafter, in conspicuous places,
including all places where notices to members are
customarily posted. Reasonable steps shall be taken by
Respondents to insure that said notices are not altered,
defaced or covered by any other material.
(b) Promptly after receipt of copies of the said notice
from the Regional Director, return to him signed copies
for posting by Courtney & Plummer, Inc., and Twin City
Concrete Corp., if they be willing, at their places of
business , including all places where notices to employees
are customarily posted.
(c) Notify the Regional Director for Region 30, in
writing, within 20 days from the receipt of this Decision,
what steps they have taken to comply herewith.21
"In the event that this recommended Order is adopted by the Board, the
words "A Decision and Order" shall be substituted for the words, "the
Recommended Order of a Trial Examiner" in the notice . In the further
event that the Board's Order is enforced by a decree of a United States
Court of Appeals, the words "a Decree of the United States Court of
Appeals Enforcing an Order" shall be substituted for the words "a
Decision and Order."
"In event that this recommended Order is adopted by the Board this
provision shall be modified to read : "Notify the Regional Director for
Region 30, in writing within 10 days from the date of this Order what
steps Respondents have taken to comply herewith "
TEAMSTER LOCAL NO. 126
B. The Respondent, General Drivers and Dairy
Employees, Local No. 563, its officers, representatives,
agents, successors, and assigns , and the Respondents,
Robert Schlieve, its secretary-treasurer, Marvin DeVries,
its business agent, and Jeff Curtin, its business agent,
shall:
1. Cease and desist from:
(a) Inducing or encouraging employees of Courtney &
Plummer, Inc., and Twin City Concrete Corp., to engage
in a strike or refusal in the course of their employment to
perform services with an object of forcing or requiring the
above-named companies to cease doing business with
Oshkosh Ready Mix Co.
(b) Threatening, coercing, or restraining Courtney &
Plummer, Inc., and Twin City Concrete Corp., with an
object of forcing them to cease doing business with
Oshkosh Ready Mix Co.
2. Take the following affirmative action, which is
necessary to effectuate the policies of the Act:
(a) Post in conspicuous places at its offices and meeting
halls including all places where notices to its members
customarily are posted, copies of the notice attached
hereto as "Appendix B."22 Copies of said notice, on forms
provided by the Regional Director for Region 30, after
being duly signed by an authorized representative of the
Respondent Local 563, and by the Respondents Schlieve,
DeVries and Curtin, shall be posted by the said
Respondents immediately upon receipt thereof and be
maintained by Respondent Local 563 for 60 consecutive
days thereafter in conspicuous places, including all places
where notices to members are customarily posted.
Reasonable steps shall be taken by Respondents to insure
that the said notices are not altered, defaced, or covered
by any other material.
(b) Promptly after receipt of copies of the said notice
from the Regional Director, return to him signed copies
for posting by Courtney & Plummer, Inc., and Twin City
Concrete Corp., if they be willing, at their places of
business, including all places where notices to their
employees are customarily posted.
(c) Notify the Regional Director for Region 30, in
writing, within 20 days from the receipt of this Decision,
what steps they have taken to comply herewith.23
"See In . 20, supra.
"See In . 21, supra.
APPENDIX A
NOTICE TO ALL MEMBERS OF GENERAL TEAMSTER,
WAREHOUSE AND DAIRY EMPLOYEES , LOCAL No. 126
Pursuant to the Recommended Order of a Trial
Examiner of the National Labor Relations Board and in
order to effectuate the policies of the National Labor
Relations Act, as amended , we hereby notify you that:
WE WILL NOT induce or encourage employees of
Courtney & Plummer, Inc., or Twin City Concrete
Corp., to refuse, in the course of their employment, to
perform any service with an object of forcing or
requiring the aforesaid employers to cease doing
business with Oshkosh Ready Mix Co.
WE WILL NOT threaten, coerce , or restrain said
Courtney & Plummer Inc., or Twin City Concrete
635
Corp., with an object of forcing or requiring them to
cease doing business with Oshkosh Ready Mix Co.
Dated By
Dated By
GENERAL TEAMSTER,
WAREHOUSE AND DAIRY
EMPLOYEES , LOCAL No.
126
(Labor Organization)
(Representative) (Title)
(William Wetzell,
Secretary-Treasurer)
This notice must remain posted for 60 consecutive days
from the date of posting and must not be altered, defaced,
or covered by any other material.
If members have any question concerning this notice or
compliance with its provisions, they may communicate
directly with the Board's Regional Office, Second Floor
Commerce Building 744 North Fourth Street, Milwaukee,
Wisconsin 53203 Telephone 414-272-3861.
APPENDIX B
NOTICE TO ALL MEMBERS OF GENERAL DRIVERS AND
DAIRY EMPLOYEES , LoCAL No. 563
Pursuant to the Recommended Order of a Trial
Examiner of the National Labor Relations Board and in
order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that:
WE WILL NOT induce or encourage employees of
Courtney & Plummer, Inc., or Twin City Concrete
Corp., to refuse, in the course of their employment, to
perform any services with an object of forcing or
requiring the aforesaid employers to cease doing
business with Oshkosh Ready Mix Co.
WE WILL NOT threaten, coerce, or restrain said
Courtney & Plummer, Inc., or Twin City Concrete
Corp., with an object of forcing or requiring them to
cease doing business with Oshkosh Ready Mix Co.
GENERAL DRIVERS AND
DAIRY EMPLOYERS,
LOCAL 563
(Labor Organization)
Dated By
Dated By
Dated By
Dated By
(Representative) (Title)
(Robert Schlieve,
Secretary-Treasurer)
(Marvin De Vries,
Business Agent) .
(Jeff Curtin , Business Agent)
This notice must remain posted for 60 consecutive days
from the date of posting and must not be altered, defaced,
or covered by any other material.
If members have any question concerning this notice or
compliance with its provisions , they may communicate
directly with the Board ' s Regional Office, Second Floor
Commerce Building 744 North Fourth Street, Milwaukee,
Wisconsin , 53203 Telephone 414-272-3861.