337 F.2d 936 (2nd Cir. 1964), 84, N. L. R. B. v. United Furniture Workers of America, AFL-CIO

Docket Nº:84, 28967.
Citation:337 F.2d 936
Party Name:NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED FURNITURE WORKERS OF AMERICA, AFL-CIO, Respondent.
Case Date:October 28, 1964
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 936

337 F.2d 936 (2nd Cir. 1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner,

v.

UNITED FURNITURE WORKERS OF AMERICA, AFL-CIO, Respondent.

No. 84, 28967.

United States Court of Appeals, Second Circuit.

October 28, 1964

Argued Oct. 2, 1964.

Page 937

Stephen B. Goldberg, N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Atty. Gen., George H. Cohen, Washington, D.C., on the brief), for petitioner.

Martin Raphael, General Counsel, United Furniture Workers of America, AFL-CIO, for respondent.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge:

The National Labor Relations Board petitions for enforcement of an order adopting a trial examiner's findings and conclusions that the United Furniture Workers of America, AFL-CIO, violated Section 8(b)(7)(B) of the National Labor Relations Act, 29 U.S.C. § 158(b)(7)(B), added by the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 519, which prohibits 'recognitional' or 'organizational' picketing within twelve months after a valid election. Because it is difficult to determine, on the record before us, on exactly what basis the Board found that the Union had engaged in 'picketing' within the meaning of 8(b)(7)(B), and whether it applied the proper criteria, we withhold enforcement and remand the case for additional findings and conclusions consistent with this opinion, to be made after a further hearing with respect to that issue if the Board considers this necessary or advisable.

In order to view this case in proper perspective we begin our account of the facts with August 9, 1961, when the Board certified the United Furniture Workers of America, AFL-CIO, as the bargaining representative of the production and maintenance employees at the Jamestown Sterling Corporation's furniture manufacturing and distributing plant in Ellicott, New York. After a short period of unsuccessful contract negotiations, the Union struck on October 3, 1961, and commenced picketing Jamestown's plant with signs reading, 'On Strike.' Initially, the picketing followed the traditional form of ambulatory patrolling by union members carrying placards in front of the plant. But in the spring of 1962 the patrolling ceased and, instead, 'On Strike' signs were affixed to poles and trees in front of Jamestown's plant. Then, in August 1962, the Union began to secure the signs around the poles with a chain to which a lock was attached. Five days a week at 6 a.m. the signs were put in place by striking employees who represented the Union. After affixing the signs, the Union representatives stationed themselves in automobiles in a parking lot across the street from the plant, where they remained until about 3 p.m., at which time they removed the signs and departed only to return the next working day and go through the same procedure.

Jamestown responded to the strike in January 1962, by hiring replacements. And, on December 10, 1962, the Company filed a petition with the Board's Regional Director requesting an election to determine whether the Union represented a majority of its employees. After conducting a hearing on the petition, the Regional Director found, contrary to the Union's contentions, that a question concerning representation existed and that an election should be held. The Regional Director, however, postponed ruling on the eligibility of the strikers...

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