Lumber and Sawmill Workers Local Union 2409

National Labor Relations Board - Board Decisions

Jan 8, 1960

126 N.L.R.B. 57 (N.L.R.B. 1960)

LUMBER AND SAWMILL WORKERS LOCAL UNION 2409 57
RC-5519, and 21-RC-5520, and the petition in Case No 91-RC-5513
with respect to Ziv Television Programs, Inc, Mark ry T11 Music, and
Revue Productions, Inc ]
1
[Text of Direction of Elections omitted from publication ]
MEMBER RODGERS took no part in the consideration of the above
Decision, Order, and Direction of Elections I
Lumber and Sawmill Workers Local Union 2409 ; Angus L.
Brisbin, its President ; Montana District Council, Lumber -
Sawmill Workers Unions ; Robert C. Weller, Business Repre-
sentative and Executive Secretary and Great Northern Rail-
way Company. Case No 19-CC-109 January 8, 1960
SUPPLEMENTAL DECISION AND ORDER
On February 13, 1959, the Board issued its Decision and Order 1
herein, sustaining the Trial Examiner's dismissal of the complaint
On November 23, 1959, the United States Court of Appeals for the
Ninth Circuit reversed the Decision and Order of the Board and re-
manded the case to the Board for action consistent with the court's
opinion 2
In its original Decision, the Board had adopted the Trial Exami-
ner's finding that the Respondents' picketing of the spur track aand
premises of the Great Northern Railway Company at or near Roberts
Street in Helena, Montana, was not primary but secondary action
However, the Board affirmed the dismissal of the complaint on the
ground that the railroad was not an "employer" and its employees
were not "employees" within the meaning of Section 8(b) (4) (A) of
the Act The court held to the contrary on this point and remanded
the case to the Board
<, In conformance with the decision of the United States Court of
Appeals for the Ninth Circuit, the Board now finds that by the picket-
ing herein the Respondents induced and encouraged the employees of
1122 NLRB 1403
Great Northern Railway Company v, N L RB , November 23, 1959 (C A 9), 45
LRRM 2206
'In accepting the court's remand in this case, Chairman, Leedom and Members Bean
and Fanning, with due respect for the opinion of 'that court, do not adopt its view that
Section fi(b) (4) (A) prior to November 4, 1959, included railroads as "employers" within
the meaning of that, section of the Act Since that date, however, the Labor Management
Reporting and Disclosure Act of 1959 has amended ' Sectibn 8(b) (4) (A) to proscribe sec-
ondary boycotts directed at railroads and their employees. The issue is, therefcre,J,pros-
pectively without significance. For the reasons set forth in his dissenting opinion in
Seafarers' Internatsomai Union of North Ameri ca, Atlantio & Gsslf Distract, AFL-CIO
(American Coal Shipping, Inc ), 124 NLRB 1079, Member Jenkins believes that the
circuit court gave, a correct interpretation to the At as it read before the 1959
amendments
¢ >
2
"
i
' F 3
1 26 N1,RB No 12
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Great Northern Railway Company to strike or engage in a con-
certed refusal to transport or handle the goods of Foley's Mill and
Cabinet Works and that the Respondents thereby violated Section
8 ('b) (4) (A) of the Act.
THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The conduct of the Respondents, as previously set forth above, has
been found to constitute an unfair labor practice, occurring in con-
nection with the operations of the Great Northern Railway Company,
and has a close, intimate, and substantial relation to trade, traffic, and
commerce among the several States, and tends to lead to labor disputes
burdening and obstructing commerce and the free flow of commerce.
CONCLUSIONS OF LAw
1. Foley's Mill and Cabinet Works is an employer within the mean-
ing of Section 2(2) of the Act and is engaged in commerce within the
meaning of Section 2 (6) and (7) of the Act.
2. The Great Northern Railway Company is engaged in commerce
within the meaning of Section 2 (6) and (7) of the Act.
3. The Respondents,, Local 2409, Lumber & Sawmill Workers, and
the Montana District Council, Lumber & Sawmill Workers Unions,
are labor organizations within the meaning of Section 2 (5) of the Act.
The Respondents, Angus L. Brisbin and Robert C. Weller, are agents
of the above-mentioned Unions, respectively, within the meaning of
Sections 2 (13) and 8 (b) of the Act.
4. By inducing and encouraging the employees of the Great North-
ern Railway Company to engage in concerted refusals in the course
of their employment to perform services for their employer, with an
object of forcing or requiring such employer to refuse to accept, han-
dle, or transport the goods and products of Foley's Mill & Cabinet
Works and therefore to cease doing business with Foley's, the afore-
said Respondents have engaged in unfair labor practices within the
meaning of Section 8 (b) (4) (A) of the Act.
5. The aforesaid unfair labor practices affect commerce within the
meaning of Section 2 (6) and (7) of the Act.
THE REMEDY
Having found that the Respondents have engaged in unfair labor
practices, we shall require them to cease and desist therefrom and to
take certain affirmative action designed to effectuate the purposes of
the Act.
ORDER
Upon the entire record in this case and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
LUMBER AND SAWMILL WORKERS LOCAL UNION 2409 59
Relations Board hereby orders that Lumber & Sawmill Workers
Local Union 2409 , and its president , Angus L. Brisbin , and Montana
District Council, Lumber & Sawmill Workers Unions , and its business
representative and executive secretary , Robert C. Weller, and their
officers, representatives , agents, successors , and assigns, shall:
1. Cease and desist from picketing the spur track and premises of
the Great Northern Railway Company located at or near Roberts
Street in Helena, Montana, or picketing the tracks or premises of any
other employer or person who does business with Foley's Mill and
Cabinet Works, or otherwise engaging in, inducing , or encouraging
the employees of the Great Northern Railway Company or any other
employer ( except Foley's ) to engage in a strike or a concerted refusal
in the course of their employment to use , manufacture , process, trans-
port, or otherwise handle or work on any goods, articles , materials,
or commodities or to perform any services for their employers where
an object thereof is to force or require the Great Northern Railway
Company or any other employer or person to cease using , selling,
handling, transporting , or otherwise dealing in the products of Foley's
Mill and Cabinet Works, or to cease doing business with said Foley's
Mill and Cabinet Works or with other employers and persons.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Post immediately , in conspicuous places throughout their busi-
ness offices and meeting halls, copies of the notice attached hereto
marked "Appendix ." Copies of said notice , to be furnished by the
Regional Director for the Nineteenth Region, shall , after being duly
signed by an official representative of each of the Respondents, be
posted immediately by the Respondents upon receipt thereof and be
maintained by them for a period of 60 consecutive days thereafter, in
all places where notices to members are customarily posted. Reason-
able steps shall be taken by the Respondent to insure that said notices
are not altered , defaced , or covered by any other material.
(b) Mail to the Regional Director for the Nineteenth Region signed
copies of the "Appendix " for posting at the plant or premises of the
employers named in said notice , if said employers are willing, in
places where notices to employees are customarily posted. Copies of
said notice, to be furnished by the Regional Director , shall , after being
duly signed as provided above, be forthwith returned to the Regional
Director for said posting.
(c) Notify the Regional Director for the Nineteenth Region in
writing , within 10 days from the date of this Order, what steps Re-
spondents have taken to comply herewith.
MEMBER Roixna s took no part in the consideration of the above
Supplemental Decision and Order.
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO ALL MEMBERS OF TIIE LUMBER & SAWMILL WORKERS LOCAL
UNION 2409, AND MONTANA DISTRICT COUNCIL, LUMBER & SAWMILL
WORKERS UNIONS, AND TO ALL EMPLOYEES OF FOLEY'S MILL AND
CABINET WORKS AND THE GREAT NORTHERN RAILWAY COMPANY
Pursuant to a Supplemental 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 notify you that :
WE WILL NOT picket the track and premises of the Great North-
ern Railway Company at the spur track located at or near Roberts
Street, Helena, Montana, or the track and premises of any other
employer or person who does business with Foley's Mill and Cabi-
net Works, or otherwise engage in, induce or encourage the em-
ployees of the Great Northern Railway Company or any other
employer (except Foley's Mill and Cabinet Works) to engage in
a strike or a concerted refusal 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
any services for their respective employers where an object thereof
is to force or require the Great Northern Railway Company or
any other employer or person to cease using, selling, handling,
transporting, or otherwise dealing in the products of Foley's Mill
and Cabinet Works, or to cease doing business with said Foley's
Mill and Cabinet Works and with other employers and persons.
LUMBER & SAWMILL WORKERS
LOCAL UNION 2409,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
MONTANA DISTRICT COUNCIL, LUMBER
& SAWMILL WORKERS UNIONS7
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
Dated---------------- By-------------------------------------
(ANGUS L. BRISBIN)
Dated---------------- ------------ ------------------------
(ROBERT C. WELLER)
This notice must remain, posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.