Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

GEO. E. HOFFMAN & SONS, v. INT'L. BRO. OF TEAM.

January 10, 1973

GEO. E. HOFFMAN & SONS, INC., A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF,
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, JOINT COUNCIL NO. 65, A LABOR ORGANIZATION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Robert D. Morgan, District Judge.

DECISION AND ORDER

This cause arose upon the complaint of George E. Hoffman & Sons, Inc., hereinafter referred to as Hoffman, against International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Joint Council No. 65, a labor organization, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 627, a labor organization, hereinafter Local 627, and Robert L. Barker, as business representative of each of said labor organizations, for damages under the provisions of Section 303 of the Labor Management Relations Act of 1947. 29 U.S.C. § 187. In general, the complaint, as subsequently amended, alleges that defendants were guilty of unfair labor practices as defined in Section 8(b)(4) of the Act. 29 U.S.C. § 158(b)(4)(i) and (ii), (A), (B), (D).

This cause is now before the court upon plaintiff's motion for summary judgment upon the question of liability against the defendant, Local 627.

The court has before it the pleadings, extensive depositions of the respective parties, the parties' stipulation of undisputed facts, the collective bargaining agreement in force between the parties, and other uncontested written exhibits, including the Official Report of Proceedings before the National Labor Relations Board in the Matter of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 627 and Local #15, and Associated General Contractors of Illinois, Docket No. 38-CD-62, and certain affidavits presented by the parties. The court concludes that there exists no genuine issue as to any material fact for trial on the question of liability, and that summary judgment must therefore be entered as prayed.

This cause of action was precipitated by a strike by Local 627 against Hoffman, which commenced June 17, 1971 and continued until August 6, 1971. Hoffman's theory of complaint is that the strike was secondary activity, not primary union activity, and therefore an unfair labor practice under the provisions of Section 8(b)(4) of the Act.

Section 8(b)(4) has been construed by the Supreme Court as a proscription against secondary, or boycott-type, activity. Woodwork Manufacturers v. N.L.R.B., 386 U.S. 612, 87 S.Ct. 1250, 18 L.Ed.2d 357 (1967). That case contested the validity of a "will not handle" clause of an agreement between a carpenters union and the building construction industry. In the geographic area involved, traditionally and by agreement, blank doors were purchased for all building projects and fabricated and fitted on the job site by carpenter employees of the contractor. When a contractor purchased prefabricated doors, i.e., prefitted with locks, etc., for a construction project, the union forbade its members to hang such doors, resulting in their rejection by the contractor and their replacement with blank doors. That conduct was challenged as an unfair labor practice under subsections 8(b)(4) and 8(e).

The Court held that the challenged conduct had as its object the preservation of work traditionally performed by contractors' employees in the geographic area involved and, thus, was primary activity, and not a violation of the Act.

Pertinently, the Court said that Section 8(b)(4) proscribes boycott union activities against a neutral employer when, in fact, the activity is carried on for its effect elsewhere. Ibid, at 632, 87 S.Ct. 1250.

The Court further said:

At page 645, 87 S.Ct. at page 1268, the Court said:

  "The touchstone [whether union activity is
  primary, and legal, or secondary, and an unfair
  labor practice] is whether the agreement or its
  maintenance is addressed to the labor relations
  of the contracting employer vis-a-vis his own
  employees."

The legality of the activity of which complaint is here made must be measured by the guidelines established by Woodwork Manufacturers.

Relevant, uncontested, evidentiary facts are found as follows, in narrative form, as a preface to specific findings of ultimate fact, about which there is likewise no genuine issue.

Hoffman, a Delaware corporation, is engaged in the business of contracting highway paving projects, operating from its principal office in Peoria, Illinois. Local 627 is a labor organization, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, operating in the jurisdictional area of Peoria County, Illinois. At all material times, the parties Hoffman and Local 627 were bound by a collective bargaining agreement, captioned "Articles of Construction Agreement," negotiated prior to April 1, 1970, by and between Associated General Contractors of Illinois and the Illinois Conference of Teamsters (herein Agreement).

In the late summer of 1970, Hoffman was the successful bidder upon a contract with the State of Illinois to widen and resurface some sixteen miles of Illinois Routes 90 and 91 near Princeville, in Peoria County.*fn1 In preparation for that project, Hoffman erected a portable plant on the property of Long Rock Company, near Princeville, to produce and supply the hot mix (asphalt) necessary for completion of the project.

In early 1971, Hoffman entered into oral agreements with Long Rock,*fn2 Walker Lines*fn3 and Winzeler*fn4 to perform certain of the hauling necessary for the project. Winzeler was engaged to haul stone from barges at Peoria and Chillicothe, both in Peoria County, to the plant site. Long Rock was engaged to haul blow sand from outside Peoria County to the site and to participate with Walker in the hot mix haul from the plant to the project. Walker was engaged to haul sand from Chillicothe and fly ash from East Peoria, Illinois, to the plant site, and to participate with Long Rock in the hot mix haul. Each — Winzeler, Long Rock, and Walker — was a party to the Articles of Construction Agreement.

About mid-February, 1971, Hoffman representatives met with defendant Barker, as business representative of Local 627, at which time they discussed and agreed upon Hoffman's seniority list. Barker then had knowledge that Hoffman intended to sell at least one of its fleet of trucks. Between February 13, 1971 and March 1, 1971, Hoffman sold five of its fleet of tandem dump trucks to five individuals. After such sale, Hoffman still owned five tandem trucks and one tractor-trailer unit.

On March 3, 1971, a pre-job conference related to the paving project was held at the office of Local 627, between Hackler, General Superintendent of Hoffman, Barker, and representatives of Teamsters Local 15.*fn5 At that conference, Winzeler and Long Rock were cleared as subcontractors by Barker. Clearance for Walker was later given, following a conversation between Barker and an officer of Walker. It was further agreed by Hoffman that its trucks would "work first" before the subcontractors were used. Barker was then aware that both Long Rock and Walker employed both Local 15 and Local 627 drivers.*fn6 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.