Danielson v. Local

275, LABORERS INTERNATIONAL UNION OF NORTH AMERICA 479 F.2d 1033 (2nd Cir. 1973)

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Nature of the Case

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Facts

S.B. was the owner of real property in New York. On that property, a 63-unit apartment complex was being built by Klein, Inc., a general contractor. Klien, Inc., and S.B. (P) are commonly owned and controlled by a single integrated business entity. On October 31, 1972, the representative of P met with the Unions who have stated that the job site had to be completely unionized. They sought unsuccessfully to have P sign a collective bargaining agreement. On November 1, 1972, the Unions began to picket the job site with between 2 and 200 pickets. This picketing has been constant except for two weeks in March 1973. No petition for election has been filed with the Board. This is required by statute, and no charge is before the Board alleging that P has unlawfully recognized or assisted any labor organization. None of the Unions were certified as bargaining representatives of P’s employees. On this basis, the Board ruled that the picketing was not for informational purposes but had at its object the forced recognition of bargaining by the said Unions as against P. The Court below found that the Board had reasonable cause to believe that the Unions had engaged in unfair labor practices under 8(b)(7)(C) of the Act; the picture was one of a series of coercive tactics and harassment. Despite this finding the Court refused to enjoin the activity on the ground that in a 10(l) proceeding equity was to be applied and because no irreparable harm came to P it would not be just and proper to issue extraordinary relief in the form of a preliminary injunction.