Summary
The Second Circuit denied enforcement of a National Labor Relations Board order finding that a union unlawfully induced Texaco employees to engage in a work stoppage aimed at forcing Texaco to cease doing business with Dictaphone Corporation. Relying on its prior Royal Typewriter decision, the court concluded that the facts did not present a significant distinction and that the alleged conduct did not establish a violation under the applicable pre-1959 version of Section 8(b)(4)(A) of the National Labor Relations Act.
Topics
Practice areas
Questions Presented
- Whether the Second Circuit's prior Royal Typewriter decision controlled the legality of the Union's picketing and threats directed at Texaco and its employee.
- Whether the National Labor Relations Board's order finding a violation of Section 8(b)(4)(A) should be enforced.
Holdings
- The court held that its ruling in Royal Typewriter controlled because there was no significant factual feature distinguishing the present case from that precedent.
- Enforcement of the National Labor Relations Board's order was denied.
Key quotations
“We are unable to perceive any significant feature of this case to distinguish it from the facts before us in the Royal Typewriter case and we reaffirm our holding in that case.” (289 F.2d at 63)
“Enforcement denied.” (289 F.2d at 63)
Factual background
Dictaphone Corporation employees were on strike and had established a picket line at Dictaphone's New York City offices. After a Texaco office boy crossed the picket line to deliver and later retrieve a Dictaphone machine for repairs, the Union picketed Texaco at the Chrysler Building and threatened the office boy with violence and further picketing at his employer's business. There was no proof that Texaco employees paid any attention to the picketing, but the Board found unlawful inducement and encouragement under Section 8(b)(4)(A).
Procedural history
The Board found that the Union unlawfully induced and encouraged Texaco employees to engage in a work stoppage or concerted refusal to work, with the object of forcing Texaco to cease doing business with Dictaphone Corporation. The Board petitioned the Second Circuit for enforcement of its order. The court denied enforcement, concluding that its prior Royal Typewriter decision controlled.