Fuchs v. Steel-Fab, Inc.

• Decision Date: 23 March 1973
• Docket Number: Civ. A. No. 73-518.
• Citation: 356 F. Supp. 385
• Parties: Robert S. FUCHS, Regional Director of the First Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board v. STEEL-FAB, INC.
• Court: U.S. District Court — District of Massachusetts

356 F. Supp. 385

Robert S. FUCHS, Regional Director of the First Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board v. STEEL-FAB, INC.

Civ. A. No. 73-518.

United States District Court, D. Massachusetts.

March 23, 1973.

Thomas M. Harvey, Roy M. Schoenfeld, Boston, Mass., for plaintiff.

Stanford H. von Mayrhauser, Bowditch, Gowetz & Lane, Michael P. Angelini, Worcester, Mass., for defendant.

OPINION

FREEDMAN, District Judge.

The Regional Director of the National Labor Relations Board for the First Region has petitioned this Court for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(j), pending the determination by the National Labor Relations Board of a complaint alleging unfair labor practices by the respondent, Steel-Fab, Inc. This matter was argued by counsel on February 26, 1973. The petitioner requests mandatory injunctive relief which, in essence, would require the respondent to negotiate with the United Steelworkers of America as the exclusive bargaining representative of respondent's employees and also requests prohibitory relief which would require respondent to refrain from engaging in any unfair labor practices. The petitioner further requests that a shop employee, Charles Valera, be reinstated to his former rate of pay, having had said pay decreased because of union activity.

Statement of Facts

Respondent is a Massachusetts corporation which operates a plant that manufactures, sells and distributes fabricated steel products. Said plant is located in Fitchburg, Massachusetts, and in the course of its usual business, respondent has sold and transported substantial quantities of said steel products outside of Massachusetts. The parties have stipulated that respondent properly is engaged in interstate commerce within the meaning of the National Labor Relations Act.

On August 4, 1972, the United Steelworkers of America, hereinafter called the "Union", filed a representation petition in Case No. 1-RC-12,298 to represent the production and maintenance employees of respondent's plant at Fitchburg, Massachusetts. An election was duly conducted at respondent's plant on August 31, 1972 pursuant to a stipulation for Certification Upon Consent Election under the direction and supervision of the Regional Director of the National Labor Relations Board. Out of seventy-three (73) eligible voters, the tally of ballots showed that thirty-five (35) votes were cast for the Union and thirty-six (36) were cast for no representation.

On September 6, 1972, the Union filed unfair labor practice charges at the First Region charging the respondent with violations of Sections 8(a)(1), (3) and (5) of the Act, and a copy was served on the respondent on that date. On September 7, 1972, the Union filed timely objections to respondent's conduct affecting the results of the election and served a copy upon the respondent. On October 11, 1972, the Regional Director issued his Report on Objections and directed that the Objections be consolidated with Case No. 1-CA-8560 for hearing before an administrative law judge of the Board. On October 19, 1972, the Regional Director issued an order consolidating cases, complaint and notice of hearing in Case Nos. 1-CA-8560 and 1-RC-12,298. The consolidated complaint, alleging the same unfair labor practices which the Union previously had alleged, was later amended, as was respondent's answer to same. An administrative law judge heard the cases in December 1972 and January 1973, and has not yet rendered a decision to date.

Conclusions of Law

At the outset of this opinion, the Court emphasizes that its decision on injunctive relief is not to be regarded as a determination of the merits of the case pending before the National Labor Relations Board. Any final determination that the Act was or was not violated should be made by the Board.

The complaint before this Court alleges that the respondent restrained its employees from freely exercising their rights of selection of a bargaining agent by granting wage increases to them at an unexpected time conditioned upon the fact that they vote against the union representation. The complaint also alleges that a fair and reliable election could not be held because of the coercive atmosphere developed by respondent's activities.

From the transcripts of the hearings before the administrative law judge, it appears that there is substantial evidence of violations of the National Labor Relations Act by the respondent. The testimony of respondent's employees indicates that most of them received merit wage increases prior to the election when normally no increases were to be given at that time. It is also apparent that Edward Hall, the president of the respondent company, promised substantial wage increases to employees if the Union lost the election and that said company did wage a campaign against the Union during the election period.

However, this Court finds that 29 U.S.C. § 160(j) does not require injunctive relief against conduct that allegedly constitutes an unfair labor practice simply because the National Labor Relations Board has brought an action that...