WAREHOUSEMEN'S UNION LOCAL 6, ETC. v. Hoffman
| Decision Date | 13 April 1962 |
| Docket Number | No. 17826.,17826. |
| Citation | 302 F.2d 352 |
| Parties | WAREHOUSEMEN'S UNION LOCAL 6, INTERNATIONAL LONGSHOREMEN'S & WAREHOUSEMEN'S UNION, Appellant, v. Roy O. HOFFMAN, Regional Director of the Twentieth Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Colgate-Palmolive Company, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Aubrey Grossman, of Edises, Treuhaft, Grossman & Grogan, Oakland, Cal., for appellant.
Stuart Rothman, General Counsel, Dominick L. Manoli, Associate Gen. Counsel, Julius G. Serot, Asst. Gen. Counsel, for N. L. R. B., Washington, D. C., and Walter N. Moldawer, Attorney for N. L. R. B., San Francisco, Cal., for appellee.
Before POPE, HAMLEY and DUNIWAY, Circuit Judges.
Warehousemen's Union Local 6 appeals from the granting of a temporary injunction on April 4, 1962 in an action brought by the Regional Director of the Twentieth Region of the National Labor Relations Board under Section 10(l) of the National Labor Relations Act, as amended (29 U.S.C.A. § 160(l)).1 The complaint charges that the Regional Director has reasonable cause to believe that the union has violated Section 8(b) (4) (i) (ii) (B) of the Act (29 U.S.C.A. § 158(b) (4) (i) (ii) (B)). This is the section prohibiting so-called secondary boycotts. The union appealed on April 5, 1962 and promptly moved this Court for an order staying the injunction. The record on appeal was filed in this Court on April 11, 1962 and both parties on that day filed briefs in which the merits as well as the motion for stay are fully discussed, and the matter was argued on April 12, 1962. At the opening of the oral argument, both parties agreed that, at the conclusion of the argument, the appeal would be submitted for decision on the merits, together with the motion for stay, without the filing of further briefs.
The matter arises out of the fact that the union has for some time been engaged in a primary strike against Colgate-Palmolive Company at its plant in Berkeley, California, and has admittedly picketed the operations of Asaro, which is a trucking company hauling goods for Colgate as an independent contractor. The Court made detailed findings as to the conduct of the union and found "there is, and petitioner has, reasonable cause to believe that: * * * Local 6 has engaged in, and has induced and encouraged individuals employed by Asaro to engage in, strikes or refusals in the course of their employment to use, transport, or otherwise handle or work on goods, articles, materials or commodities, or to perform services, and has threatened, coerced and restrained Asaro and other...
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...Construction, Building Materials and Miscellaneous Drivers Union v. Jenkins, 308 F.2d 516 (9th Cir. 1962); Warehousemen's Union Local 6, etc. v. Hoffman, 302 F.2d 352 (9th Cir. 1962); Building and Construction Trades Council, etc. v. Le Baron, 181 F. 2d 449 (9th Cir. The injunctive relief c......
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Kobell v. Suburban Lines, Inc.
...Court's finding that there was reasonable cause to believe that the Act was being violated was clearly erroneous. Warehousemen's Union v. Hoffman, 302 F.2d 352 (9th Cir.1962) The first footnote, which follows the citation to Warehousemen's reads: Because of the Congressional policy favoring......
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Danielson v. Joint Bd. Of Coat
...3 L.Ed.2d 229 (1958); Local Joint Board, Hotel & Restaurant Employees v. Sperry, supra, 323 F.2d at 77; Warehousemen's Union, Local 6 v. Hoffman, 302 F.2d 352, 353 (9 Cir. 1962). See also Angle v. Sacks, 382 F.2d 655, 661 (10 Cir. 1967) (10(j)); Minnesota Mining & Mfg. Co. v. Meter, supra, ......