Slater v. DENVER BUILDING AND CONSTRUCTION TR. COUNCIL, 3812.
| Decision Date | 06 July 1949 |
| Docket Number | No. 3812.,3812. |
| Citation | 175 F.2d 608 |
| Parties | SLATER, for and on behalf of the NATIONAL LABOR RELATIONS BOARD v. DENVER BUILDING AND CONSTRUCTION TRADES COUNCIL, et al. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Winthrop A. Johns, Asst. Gen. Counsel, Washington, D. C. (Robert N. Denham, Gen. Counsel, David P. Findling, Associate Gen. Counsel, Dominick L. Manoli and Sanfjord B. Teu, II, Attorneys, National Labor Relations Board, Washington, D. C., on the brief), for appellant.
Philip Hornbein, Jr., Denver, Colo. (Philip Hornbein, Denver, Colo., on the brief), for appellees.
Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.
Pursuant to section 10(l) of the Act approved June 23, 1947, 61 Stat. 136, 149, 29 U.S.C.A. § 160(l), commonly referred to as the Taft-Hartley Act, Cyrus A. Slater, Acting Regional Director of the Seventeenth Region of the National Labor Relations Board, filed this proceeding against Denver Building and Construction Trades Council, a labor organization, International Brotherhood of Electrical Workers, Local 68, a labor organization, and United Association of Journeymen, Pipe Fitters, and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 3, a labor organization. It was alleged in the petition that the Grauman Company had filed with the Board a charge that the respondents had engaged and were engaging in unfair labor practices within the meaning of section 8(b), subsection (4) (A), of the Act, supra; that the charge had been investigated; and that after such investigation, petitioner had reason to believe that the charge was true and that a complaint of the Board based thereon should issue against the respondents. It was further alleged that petitioner had reasonable cause to believe and did believe that the Grauman Company was engaged at Denver, Colorado, in the business of manufacturing, selling, and sometimes in the installing of soda fountains and fixtures for stores and restaurants; that in the operation of its business during the year 1947 the company purchased approximately $100,000 of raw materials from sources outside the State of Colorado; that during the same period its manufactured products in excess of $100,000 moved in interstate commerce to purchasers outside of Colorado; that Harry Thomas Quigley was engaged in operating a general restaurant business; that McCarty-Johnson Plumbing and Heating Company was engaged in the general heating and plumbing business; and that Acme Electric Company was engaged in the business of general electrical engineering. It was further alleged that Quigley purchased from the Grauman Company a soda fountain and grill to be installed at his place of business; that by the terms of the purchase the Grauman Company was to make all above floor installations; that Quigley contracted with the McCarty-Johnson Company to make the plumbing installations: that he contracted with the Acme Company to do the electrical work for the installation; and that the work began. It was further alleged that the respondents had called and were engaged in, and by orders, instructions, threats of reprisals and promises of benefit, induced and encouraged employees of the McCarty-Johnson Company, employees of the Acme Company, and employees of other employers and persons, to engage in a strike or a concerted refusal in the course of their employment to handle or work on any articles or commodities of the Grauman Company, an object thereof being to force and require Quigley and other persons to cease doing business with the Grauman Company. It was further alleged that the Denver Building and Construction Trades Council had listed the Grauman Company as "unfair" and in that manner had encouraged members of its constituent unions to engage in a concerted refusal in the course of their employment to perform services for, or to work on any goods or commodities of the company. It was further alleged that Denver Building and Construction Trades Council and United Association of Journeymen, Pipe Fitters and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 3, by orders, instructions, threats of reprisal, and promises of benefits, induced and encouraged two employees of the McCarty-Johnson Company, being members of Local 3, to engage in a concerted refusal to perform services for their employers on the Quigley job, an object thereof being to force and require Quigley to cease doing business with the Grauman Company; and that Denver Building and Construction Trades Council and International Brotherhood of Electrical Workers, Local 68, by orders, instructions, threats of reprisal, and promise of benefit, induced and encouraged two employees of the Acme Company, being members of Local 68, likewise to engage in a concerted refusal to perform services for their employers on the Quigley job. And it was further alleged that unless such acts and conduct were enjoined there was imminent likelihood that respondents would continue them or repeat them, and would continue to induce and encourage employees of any employers to engage in a concerted refusal, in the course of their employment, to handle or work on any goods, articles, or commodities of the Grauman Company, or to perform services for their employers, an object thereof being to force or require their employers or other persons to cease doing business with such company. The prayer was a temporary injunction enjoining and restraining the respondents from continuing or repeating such unfair labor practices, pending final adjudication of such matters by the Board.
The respondents answered and moved to dismiss the proceeding. One ground of the motion was that the petition failed to state a claim upon which relief could be granted in that it did not appear from the face of the petition that the unfair labor practices charged therein affected commerce within the meaning of section 2(7) of the Act, supra. Another ground was that the...
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