Squillacote v. GRAPHIC ARTS INT. U.(GAIU) LOCAL# 277, 74-C-295.

• Decision Date: 13 August 1974
• Docket Number: No. 74-C-295.,74-C-295.
• Citation: 381 F. Supp. 551
• Parties: George SQUILLACOTE, Regional Director of the Thirtieth Region of National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GRAPHIC ARTS INTERNATIONAL UNION (GAIU) LOCAL #277 and Graph Arts International Union, AFL-CIO, Respondents.
• Court: U.S. District Court — Eastern District of Wisconsin

381 F. Supp. 551

George SQUILLACOTE, Regional Director of the Thirtieth Region of National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GRAPHIC ARTS INTERNATIONAL UNION (GAIU) LOCAL #277 and Graph Arts International Union, AFL-CIO, Respondents.

No. 74-C-295.

United States District Court, E. D. Wisconsin.

August 13, 1974.

George Strick, Milwaukee, Wis., for petitioner.

Shneidman & Myers by Daniel L. Shneidman, Milwaukee, Wis., for respondents.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The regional director of the National Labor Relations Board has petitioned for injunctive relief pursuant to § 10(l) of the National Labor Relations Act, 29 U.S.C. § 160(l). The respondents are charged with engaging in secondary boycott activity violative of §§ 8(b)(4)(i) and (ii)(B) of the act.

For approximately six years, Kable Printing Company has had a business relationship with Oklahoma Tire & Supply Co.; with few exceptions, during that period Kable has done all of the preparatory work for as well as the printing, binding and mailing of Oklahoma Tire's retail catalogs; the "prices include roto processing from camera ready copy."

On May 10, 1974, the lithographers and photoengravers represented by Local 91-P, Graphic Arts International Union, who perform the preparatory work for Kable, went on strike. That strike still continues. However, Kable's printing, binding and mailing operations have not been affected by the strike.

On June 19, 1974, Oklahoma Tire contracted with S & M Rotogravure Service, Inc. to perform the preparatory work. Prior to July, 1974, S & M had never performed work for, or had a business relationship with, Oklahoma Tire.

The petitioner claims that since July 8, 1974, agents of Local 277, which represents the lithographers and photoengravers employed by S & M, have threatened S & M with labor problems and economic consequences if S & M continues to work on the Oklahoma Tire order; the respondents regard the latter as "struck work."

The alleged conduct of the Local 277 agents and the alleged refusal by its member employees to perform the claimed struck work are said to constitute illicit secondary boycott activity.

The petitioner acknowledges that, but for the strike against Kable by Local 91-P, Kable would have performed the preparatory work which Oklahoma Tire has provided to S & M. Nevertheless, the petitioner asserts that the work in question does not come within the "struck work" or "economic ally" theories because there exists no evidence of any economic or corporate relationship between Kable and S & M.

The regional director also points out that there is no evidence of Kable's having surreptitiously arranged for S & M's entering into this picture. While it has not been demonstrated that the business arrangement between Oklahoma Tire and S & M involved any participation by Kable, it appears that once S & M has performed the alleged "struck work", the work product will be sent to Kable for purposes of accomplishing the printing, binding and mailing operations. S & M's role...