Paperworkers Local 832

National Labor Relations Board - Board Decisions

Sep 21, 1981

258 N.L.R.B. 67 (N.L.R.B. 1981)

PAPERWORKERS LO.()CAL. 832
United Paperworkers International Union, AFL-
CIO, Local 832 and Duro Paper Bag Manufac-
turing Co. Case 9-CC-895
September 21, 1981
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
On July 14, 1978, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding,' finding, on the stipulated fac-
tual record, that the picketing activity engaged in
by Respondent did not violate Section 8(b)(4)(ii)
(B) of the National Labor Relations Act, as amend-
ed. The Board accordingly dismissed the complaint
in its entirety.
Thereafter, the Charging Party and the picketed
Employer, The Kroger Co., filed petitions to
review the Board's Decision and Order with the
United States Court of Appeals for the Sixth Cir-
cuit. On October 27, 1980, the court issued its opin-
ion in which it set aside the Board's dismissal of
the complaint and remanded the case for further
proceedings consistent with its opinion. 2 On Febru-
ary 11, 1981, the Board advised the parties that it
had decided to accept the remand of the court.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
In considering the matter before us, we accept as
the law of this case the court's findings and conclu-
sions. We find that on four occasions in May 1977
Respondent picketed two retail grocery stores in
Kentucky operated by The Kroger Co., with
whom Respondent had no labor dispute. Kroger,
however, purchased the paper bags it used to sack
customer's groceries from the Charging Party with
whom Respondent was then engaged in a lawful
economic strike. Respondent's pickets at the
Kroger stores asked Kroger's customers not to use
bags made by the Charging Party but to bring their
own bags when shopping at Kroger.
In the Board's original decision in this proceed-
ing, the Board found that "the consumer picketing
of [Kroger], with picket signs adequately identify-
ing the struck product, and under circumstances in
which the product was not integrated into
Kroger's overall operation to such a degree that it
could not remain identifiable, was lawful picket-
' 236 NLRB 1525.
2 See 647 F.2d 643. On November 12, 1980. Respondent filed a petition
for rehearing. On December 19, 1980, the circuit court denied Recpond-
ent's petition.
258 NLRB No. 13
ing" and did not violate Section 8(b)(4)(ii)(B) of
the Act.:
On review, however, the court found that "the
paper bags were necessary for Kroger to sell its
groceries. The bags were part and parcel of every
purchase made at the store. No meaningful alterna-
tive to their use was demonstrated .... Because
they were necessary, they lost their separate identi-
ty and merged into the operation of the store; a
successful boycott of the Duro bags would have
required a boycott of Kroger as well." 4 This, the
court found, was "precisely the problem that Con-
gress sought to avoid through [Section]
8(b)(4)(ii)(B)." ' Finding no substantial evidence to
support the Board's findings and its dismissal of the
complaint, the court set aside that dismissal and, as
noted, remanded this proceeding to the Board for
further proceedings "consistent with [its] opin-
ion." 6
It is clear from its opinion that the court has
concluded that Respondent's picketing here violat-
ed the Act. In accord with the court's opinion,
then, we find that Respondent violated Section
8(b)(4)(ii)(B) of the Act by its picketing of
Kroger's stores and we shall order it to cease and
desist therefrom and take further appropriate action
including the posting of notices.
CONCLUSIONS OF LAW
1. Duro Paper Bag Manufacturing Co., and The
Kroger Co., are employers and persons engaged in
commerce within the meaning of Section 2(6) and
(7) of the Act.
2. Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
3. By threatening, coercing, and restraining The
Kroger Co., with an object of forcing it to cease
doing business with Duro Paper Manufacturing
Co., Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of
Section 8(b)(4)(ii)(B) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
United Paperworkers International Union, AFL-
CIO, Local 832, Ludlow, Kentucky, its officers,
agents, and representatives, shall:
1. Cease and desist from threatening, coercing,
or restraining The Kroger Co., or any other person
engaged in commerce, where an object thereof is
:' See 235 NLRB at 1527-28 (1978)
4 647 F.2d at 637
647 F.2d at 638.
647 F.2d at 639
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to force or require such person to cease doing busi-
ness with Duro Paper Bag Manufacturing Co.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Post at Respondent's business office, hiring
halls, and meeting halls, copies of the attached
notice marked "Appendix." 7 Copies of said notice,
on forms provided by the Regional Director for
Region 9, after being duly signed by Respondent's
authorized representative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter,
in conspicuous places, including all places where
notices to members are customarily posted. Rea-
sonable steps shall be taken by Respondent to
insure that said notices are not altered, defaced, or
covered by any other material.
7 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "Posted by
Order of the National Labor Relations Board" shall read "Posted Pursu-
ant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board."
(b) Sign and furnish to the Regional Director for
Region 9 sufficient copies of said notice for posting
by the above-named employers, if they are willing.
(c) Notify the Regional Director for Region 9, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT threaten, coerce, or restrain
The Kroger Co., or any other person engaged
in commerce, where an object thereof is to
force or require such person to cease doing
business with Duro Paper Bag Manufacturing
Co.
UNITED PAPERWORKERS INTERNA-
TIONAL UNION, AFL-CIO, LOCAL
832
68