The opinion of the court was delivered by: Robert D. Morgan, District Judge.
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.
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
The legality of the activity of which complaint is here made
must be measured by the guidelines established by Woodwork
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
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
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