Douds v. Local 50, Bakery & Confectionery Workers International Union
Douds v. Local 50, Bakery & Confectionery Workers International Union
Opinion of the Court
This litigation was initiated by the petition of Charles T. Douds, Regional Director of the Second Region of the National Labor Relations Board, for and on behalf of the Board, filed pursuant to 29 U.S.C.A. § 160 (Z) and seeking injunc-tive relief pending final adjudication by the Board of a charge that the respondent, Local 50, Bakery and Confectionery Workers International Union, AFL, was
The facts are substantially undisputed. For an understanding of our subsequent discussion the following statement will suffice.
As the appellant concedes, a prerequisite to the granting of a preliminary injunction under 29 U.S.C.A. § 160 (Í) is a finding by the district court that there is reasonable cause to believe that a violation of the Act, as charged, has been committed. The section charged to have been violated makes it an unfair labor practice for a labor organization, which Local 50 concededly is, to engage, after another labor organization has been certified as the collective bargaining representative of the employees of an employer, in conduct that satisfies two conditions.
We are not prepared to hold that all post-certification picketing is forbidden. Subsection (c) of § 158 provides •.
“The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this subchapter, if such expression contains no threat of reprisal or force or promise of benefit.”
Ostensibly the signs which the two pickets carried were intended to dissuade customers from buying Arnold’s bread. The district court expressed skepticism, which we share, as to whether this was their real purpose, since no customers ever come to Arnold’s premises to buy bread and the shipping platform is on a back street little traveled by the public. His opinion stated [127 F.Supp. 536] that “[T]he ultimate objective of the picketing is to bring about a situation where Local 50 will be recognized as the bargaining representative of the employees” of Arnold. However, we do not understand this to be a finding that “an object” of the picketing was “forcing or requiring” the employer to recognize Local 50 as the bargaining representative of the employees, which is the object forbidden by clause (C). In so far as the picketing was intended to influence Arnold’s employees it was merely propaganda for the AFL union, which might result in diminishing membership in the certified union so that Local 50 would get a majority when another election should be held. We do not understand this to be a prohibited objective. With respect to the employer the only effect of the picketing was, as Judge Dawson said, to cause “some justifiable irritation” and “such conduct, even though irritating, is not illegal.” During the picketing Local 50 made no demand to be recognized as the bargaining representative of Arnold’s employees. At the time of the November election it admitted that none of the employees was its member and it did not ask to have its name appear on the ballot. At the injunction hearing Mr. McIntyre, a busi
In our opinion the district court was well justified in concluding that there is not reasonable cause to believe that the appellee has engaged in or is engaging in an unfair labor practice within the meaning of 29 U.S.C.A. § 158(b) (4) (C). The order is affirmed.
. “§ 158. Unfair labor practices
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“(b) It shall be an unfair labor practice for a labor organization or its agents—
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“(4) to engage in, or to induce or encourage the employees of any employer 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 any goods, articles, materials, or commodities or to perform any services, where an object thereof is: * * * (C) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 159 of this title;. * *
. Additional facts are stated in Judge Dawson’s opinion, D.C., 127 F.Supp. 534.
. The section is quoted in footnote 1.
. If otherwise lawful the picketing was not unlawful because it solicited the general public not to buy Arnold’s products, “since the prohibition of § 8(b) (4) [29 U.S.C.A. § 158(b) (4)] does not extend to such solicitation of customers.” NX. It.I!. v. Service Trade Chauffeurs, 2 Cir., 191 F.2d 65, 68.
Reference
- Full Case Name
- Charles T. DOUDS, Regional Director of the Second Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board v. LOCAL 50, BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION, A. F. L.
- Cited By
- 5 cases
- Status
- Published