Solien v. LOCAL UNION NO. 2, AFL-CIO
| Decision Date | 12 January 1989 |
| Docket Number | No. 88-2461C(6).,88-2461C(6). |
| Parties | Joseph H. SOLIEN, Regional Director of Region 14 of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLIED WORKERS, LOCAL UNION NO. 2, AFL-CIO, Respondent. |
| Court | U.S. District Court — Eastern District of Missouri |
Joseph H. Solien, Regional Director, Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Joseph E. Desio, Assoc. Gen. Counsel, Leo D. Dollard, Regional Atty., Michael T. Jamison, N.L.R.B., St. Louis, Mo., for petitioner.
Jeffrey Hartnett, Bartley, Goffstein, Bollato & Lange, St. Louis, Mo., for respondent.
This matter is before the Court on the petition of the Regional Director of the National Labor Relations Board ("the Board") for a preliminary injunction, pending the Board's final decision on the merits, pursuant to Section 10(l) of the National Labor Relations Act, 29 U.S.C. § 160(l) (1982) ("the Act").1 The Board alleges that picketing conducted by the United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 2, AFL-CIO ("the Union") violated and continues to violate Section 8(b)(7)(C) of the Act, 29 U.S.C. § 158(b)(7)(C) (1982).2
On December 30, 1988, a hearing was held before this court. Having considered the pleadings, the proposed testimony of the witnesses, the documents in evidence, and the parties' stipulation as to the facts, and being fully advised in the premises, this court makes the following findings of fact and conclusions of law.
1. Petitioner is Regional Director of Region 14 of the Board, an agency of the United States, and filed the petition for and on behalf of the Board.
2. Pursuant to the provisions of the Act, on or about October 11 and December 12, 1988, the McCarthy Company ("McCarthy") and South Side Roofing Co., Inc. ("South Side"), respectively, filed charges with the Board, alleging that the Union has been and is engaging in unfair labor practices within the meaning of Section 8(b)(7)(C) of the Act.
3. The aforesaid charges were referred to the petitioner as Regional Director of Region 14 of the Board. Based upon said charges, petitioner issued complaints and notices of hearing pursuant to Section 10(b) of the Act, and Section 102.15 of the Board's Rules and Regulations, Series 8, as amended.
4. The Union, an unincorporated association, is an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment or conditions of work.
5. The Union maintains its principal office at 1547 South Broadway, St. Louis, Missouri, and at all times material here, has been and is engaged within this judicial district in transacting business and in promoting and protecting the interests of the employee members of the Union.
6. Stephenson Roofing Company ("Stephenson"), a corporation organized under the laws of the State of Missouri with its principal offices located at 11830 Dorsett, Maryland Heights, Missouri, and various job sites located in the St. Louis metropolitan area, including job sites located at 12595 Olive Street Road (here called "West Park II"), 150 North Meramec, and 10750 Baur Avenue in St. Louis, Missouri, is engaged within this judicial district in business, primarily in the building and construction industry as a roofing contractor engaged in the installation of commercial roofing systems. During the past 12 months, which period is representative of its operations, Stephenson purchased and received materials valued in excess of $50,000, which materials were shipped directly to Stephenson's job sites located in the State of Missouri, from suppliers located outside the State of Missouri.
7. Stephenson has been engaged in the installation of roofing systems, since on or about October 10, 1988, at West Park II as a subcontractor to McCarthy, and since November 15, 1988, at 150 North Meramec and 10750 Baur Avenue in St. Louis, Missouri, and at other job sites in the St. Louis metropolitan area.
8. South Side, a corporation organized under the laws of the State of Missouri, with its principal offices located at 290 Hanley Industrial Court, Brentwood, Missouri, and various job sites located in the St. Louis metropolitan area, including a job site located at Cleveland High School at 4352 Louisiana, St. Louis, Missouri ("Cleveland High School"), is engaged within this judicial district in business, primarily in the building and construction industry as a roofing contractor engaged in the installation of commercial roofing systems. During the past 12 months, which period is representative of its operations, South Side purchased and received materials valued in excess of $50,000, which materials were shipped directly to South Side's job sites located in the State of Missouri, from suppliers located outside the State of Missouri.
9. Since December 7, 1988, South Side has been engaged in the installation of roofing systems at Cleveland High School and at other job sites in the St. Louis metropolitan area.
10. The Union is not currently and has never been certified by the Board as the collective-bargaining representative of any of Stephenson's or South Side's employees.
11. The Union has never filed a petition with the Board pursuant to Section 9(c) of the Act seeking to represent any employees of South Side.
12. On May 20, 1988, the Union filed a petition with the Board pursuant to Section 9(c) of the Act to represent the employees of Stephenson. The Union requested withdrawal of that petition on June 13, 1988. Since approval of that withdrawal request on June 15, 1988, no petition has been pending with the Board regarding the employees of Stephenson.
13. The Union was a party to a collective-bargaining agreement wth both Stephenson and South Side which was effective from June 23, 1986 through April 30, 1988. That agreement provided that it would be automatically renewed unless either party notified the other in writing, at least 60 days before the then current expiration date, of a desire to amend or terminate the agreement. Prior to the expiration of that agreement, both Stephenson and South Side notified the Union that they desired to terminate or amend the agreement. (See Resp.Exhs. 1, 2)
14. Negotiations for a contract to succeed the contract which expired April 30, 1988 were conducted between the Union and both South Side and Stephenson. The last negotiating session for such a contract with either South Side or Stephenson was held on May 20, 1988.
15. After April 30, 1988, no collective-bargaining agreement has ever been agreed upon between the Union and either Stephenson or South Side.
16. By letter dated July 15, 1988, South Side withdrew its proposal of May 16, 1988 and made no new proposal for a contract. No negotiating sessions were held, and no contract proposals were made, by either the Union or South Side thereafter.
17. On or about May 2, 1988, the Union commenced a strike against both Stephenson and South Side and commenced picketing the offices of both South Side and Stephenson with "On Strike" signs. That picketing of both South Side and Stephenson continued through the summer of 1988.
18. In mid to late June 1988, the Union commenced picketing both South Side and Stephenson at their job sites in the metropolitan St. Louis area with "On Strike" signs. That picketing continued until the week of December 19, 1988 when both South Side and Stephenson temporarily ceased work due to the weather and the holidays. The Union picketed the job sites of South Side and Stephenson for more than 30 days after July 15, 1988. The job sites at which the Union picketed Stephenson included West Park II, 150 North Meramec, and 10750 Baur Avenue in St. Louis, Missouri. The job sites at which the Union picketed South Side included Cleveland High School and Powell Symphony Hall in St. Louis, Missouri. All such picketing was with "On Strike" signs.
19. The picketing described above in paragraphs 16 and 17 has been conducted for more than a reasonable period of time without the filing of a petition under Section 9(c) of the Act or a Board election respecting either Stephenson's or South Side's employees.
20. At no time has the Union shown South Side authorization cards, or otherwise claimed to South Side directly that the Union represented a majority of South Side's employees. The Union has never requested that South Side grant it recognition as the majority representative of South Side's employees and South Side never granted such recognition.
21. At no time has the Union shown Stephenson authorization cards, or otherwise claimed to Stephenson directly that the Union represented a majority of Stephenson's employees. The Union has never requested that Stephenson grant it recognition as the majority representative of Stephenson's employees and Stephenson never granted such recognition.
22. Subsequent to the strike in 1988, a majority of the employees who had been employed by both Stephenson and South Side prior to the strike resigned from the Union and returned to work for their respective employers. At the present time, none of the employees working for Stephenson or South Side are members of the Union.
23. The Union and Stephenson have been parties to a series of collective-bargaining agreements from sometime in the late 1940's, the last of which ran from June 23, 1986 until its expiration on April 30, 1988.
24. The Union and South Side have been parties to a series of collective-bargaining agreements from sometime in the late 1960's, the last of which was effective from June 23, 1986 until its expiration on April 30, 1988.
25. Subsequent to the expiration of the collective-bargaining agreement between the Union and Stephenson in 1986, the Union commenced a strike...
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