Elliott v. AMALGAMATED MEAT CUTTERS, ETC., 762.

• Decision Date: 06 July 1950
• Docket Number: No. 762.,762.
• Citation: 91 F. Supp. 690
• Parties: ELLIOTT v. AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. et al.
• Court: U.S. District Court — Western District of Missouri

91 F. Supp. 690

ELLIOTT v. AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. et al.

No. 762.

United States District Court W. D. Missouri, Southwestern D.

July 6, 1950.

COPYRIGHT MATERIAL OMITTED

Walter N. Moldawer, Washington, D. C., Evert P. Rhea, Fort Worth, Texas, for petitioner.

Daniel J. Leary, Joplin, Missouri, A. L. Commons, Miami, Oklahoma, for respondents.

RIDGE, District Judge.

In this proceeding, the Regional Director of the Sixteenth Region of the National Labor Relations Board seeks a temporary injunction, under Section 10(l) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 160(l), to enjoin alleged violations by respondents of Section 8(b), Subsections (4)(A) and (B) of said Act, 29 U. S.C.A., 158(b), (4) (A, B), on the following state of facts:

Western, Inc., formerly known as Banfield Packing Company, is a meat packer, with a packing house at Miami, Oklahoma, and sells meat processed by it in the tristate area of Northeastern Oklahoma, Southwestern Missouri and Southeastern Kansas. Respondent Local 303 of the Amalgamated Meat Cutters and Butcher Workmen of North America is engaged in organizing activities in the above-mentioned territory. On November 24, 1948, pursuant to a petition filed by respondent Local 303, an election was conducted at Western's plant by the National Labor Relations Board to determine the collective bargaining representative of employees of Western. Local 303 lost that election. In September, 1949, Local 303 made plans to again organize the workers of Western and thereafter made demands on Western for recognition of the Local as collective bargaining representative of Western's employees and that Western negotiate a collective bargaining contract with it, covering wages, hours and conditions of labor of Western's employees. Western rejected such demand, unless and until the Local had been duly designated as representative of its employees at an election held for that purpose pursuant to the Act. Thereupon, as of midnight November 23, 1949, Local 303 placed Western on its "Unfair List" and notified all of its members accordingly. After Western was placed on its "Unfair List" the Local passed a resolution, incorporated in the minutes of one of its meetings, that "no meat cutter of Local 303 shall buy any meat from Western" and that "no one shall handle any meat" of Western after November 23, 1949. Thereafter, the Business Agent of Local 303, his secretary, and one or two other officers of the Local, stated to members of the Local that they were not to handle, buy, or sell Western's meats as of midnight November 23, 1949, and that if they did so, the by-laws of the Local provided that they could be subject to a fine of $100 or $150 by the Local. Thereupon, various individual members of the Local informed their employers who were then doing business with Western, of the action so taken by the officers of their Local, and that they (said employees) would be subject to a fine by the Local if they were required to work on Western's products. The Business Agent of Local 303 personally contacted some of said employers and caused letters to be sent to other employers, employing members of Local 303, informing them that Western was on the "Unfair List" and that members of Local 303 were not allowed to handle meats from Western, and, that their employees who were members of Local 303 could be fined if they handled meat delivered to said employers by Western. On or about November 25, 1949, a number of meat wholesalers who customarily did business with Western stopped buying meats from it. It is fair to say that said wholesalers ceased doing business with Western after receiving notice that Western had been placed on Local 303's "Unfair List" because they did not desire to have any labor difficulties with their employees who were members of Local 303, or subject their employees, members of said Local, to the imposition of a fine. They did so without any strike, slowdown, or secondary boycott being made against their individual places of business. In some instances, the buyers of meats at some of the wholesale and retail markets were members of Local 303 and had discretion as to from whom they would purchase meats. In the last-mentioned instances, said persons ceased buying meats from Western solely because of the fact that Western had been placed on Local 303's "Unfair List". Each wholesaler, retailer and buyer of meats who formerly did business with Western who testified herein, stated that they were not personally coerced, or intimidated in any manner, not to do business with Western. There is no evidence in this case that any direct threat to strike any meat dealer who did business with Western was ever made, or that any picket or other sanction would be made by Local 303, and its members, against the place of business of such meat dealers. There is not evidence in this case of a work stoppage caused by members of Local 303 at the place of business of any meat dealer who did business with Western, except in one slight instance, at the McNabb market, where some beef arriving in late afternoon was not handled until the next morning. An inference to be made from all the evidence in this case is that a number of meat dealers decided to cease doing business with Western because they were apprehensive, from statements made to them by their individual employees, and in some instances by the Business Agent of Local 303, that if they continued to purchase and deal in Western's products some sort of labor trouble might eventually follow or ensue in their relation with members of Local 303 employed by them. Individual members of Local 303 have with concerted action stated that they would not continue to work on products produced by Western.

On January 25, 1950, after negotiations with Western had reached a stalemate, Local 303 called a strike at Western's plant, and has picketed the packing house located at Miami, Oklahoma, since that date. On several occasions, the Business Agent of Local 303, his wife, and one or two members of its negotiating committee, followed the trucks of Western driven by Western employees when deliveries were being made to Western's customers in cities other than at Miami, Oklahoma. Western does the major portion of its business with customers residing in the tri-state area outside of Miami, Oklahoma, where its packing plant is located. On the occasions above mentioned, while the trucks of Western were parked outside of customers' stores, a Union picket peacefully picketed the immediate area of the truck in a manner so as not to interfere with deliveries therefrom, and carried a sign stating in effect that Western was unfair to Local 303. At the same time, one and sometimes two members of the party that followed said trucks would enter a customer's store and talk to whomever was behind the meat counter, whether owner, manager, or meat cutter, and request them not to buy from Western or handle Western products. There is no evidence that any threats were made against such storekeepers if they continued to do business with Western, or that any of them acceded to such requests. When Western's trucks left such customer's store, the pickets immediately retired. That the picketing so done was peaceful, is manifest in the relation between those who followed Western's trucks and Western's drivers, as they would eat their lunch together and Western's driver would inform the party following him of the next place that he would make a delivery. The picketing of Western's trucks was done at places of business where the meat cutter was not a member of Local 303; at places that might be termed small independent store operations. At the places of business where Western's trucks were picketed, orders for the meat delivered had been procured by salesmen of Western, or on orders telephoned to Western by such customers. Customers rarely, if ever, made personal visits to the packing plant of Western in Miami, Oklahoma, and there is no evidence in this record that at the places where Western's trucks were picketed the customers had independent knowledge that Local 303 had declared a strike at Western's plant.

Local 303 has its principal office in Joplin, Missouri. Respondent H. J. Riddle is its business representative. In addition, Riddle is also a special organizer and representative of Amalgamated Meat Cutters and Butcher Workmen of North America, hereinafter called "International". Local 303 holds a charter issued by International, conferring jurisdiction over organizational activities in the tri-state area. Throughout the times herein mentioned, Riddle has kept International and its officers informed of all actions taken by him, and Local 303, with regard to efforts to organize Western. The International, in turn, through its various officers, has advised, guided and instructed Riddle, and Local 303, concerning such action, and the International has paid strike benefits to employees of Western who joined Local 303 in its strike.

Since Western was placed on the "Unfair List" by Local 303, and the calling of the strike at its plant, Western has lost some 100 to 150 accounts of customers who normally did $400,000 worth of business with Western. (There is no evidence before the Court that any customers of Western who ceased doing business with it has suffered any damage, or invasion of any property rights by reason of any conduct, or threatened conduct, at the hands of respondents.) It is conceded that Western at all times herein mentioned was engaged in interstate commerce. There can be no question from the evidence before the Court but that Riddle, the International, and Local 303, are engaged in this Judicial District, through their duly authorized agents and representatives, in an endeavor to organize Western and that some of the "unfair labor practices" here charged, have occurred in this District. Therefore, the matters and...