TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Injunction Litigation 197
such an agreement would likewise be prohibited" For similar
leasoning see Baltimore Contractors 57 and Binnings Coszetruction 58
3. Forcing an Employer or Self-Employed Person To Join a
Labor Organization
In McCourt Construction Co" the union demanded that the selfemployed
trucker become a member of the union When he refused,
the union visited two building contractois who were utilizing the
services of the trucker and threatened to cause trouble and to picket
them if they continued to do business with the trucker As a consequence,
the two contractors canceled their trucking agieements with
the trucker The court issued an injunction against these thi eats
finding them a violation of section 8(b) (4) (n) (A) which proscribes
threats, coercion, and restraint to force a self-employed person to
join a labor organization or an employei association °° In Johns
Bargain Stores" the court granted an injunction where the union
attempted to compel a self-employed person providing floor-cleaning
and waxing services for a chain of variety stoles to join the union 8-
In John Reich" the court denied an injunction because it concluded
that the individual the union was insisting iemain a member of the
union was an employee and not a pai bier in his father's business
4. Jurisdictional Dispute Situations
Injunctions were granted in 18 cases involving jurisdictional disputes-11
relating to conflicting claims to the assignment of work in
the building and construction industry, 64 3 relating to work dis-
57 LeBiss v International Union of Operating Engine°, 8 (Baltimore Contractors, Inc)
188 P Supp 892 (DC E La) Subsequently the union consented to a Board order
peimanently enjoining its conduct Baltimore Contractors, Inc , Case No 154—CC-124
36 LeSue v Local 60, Dusted Association of JOUi neuman, etc (Blatt:Aga Oonatruetton
Co ), 193 F Supp 392 (D C E La )
Putico v Local 348, Intel national B p otherhood of Teamstei a, etc (McOottit Comb nation
Co ) 1, 47 LRRM 2096 (D C N Ohio)
a° Subsequent to the close of the fiscal year, the Board issued its decision holding that
the union's conduct violated the act McCourt Construction Co • 132 NLRB No 99
Kaynard v Building Service Maintenance s Miscellaneous Erni:Sol/en (Johns Bat gain
Storm; Corp ), May 2,1961 (No (i1 C 279, DC EN Y)
°2 Subsequently the Bo ird pioceediiig n is settled by consent Board order providing foi
a court decree
63 Praker v Brotherhood of Paintera, Deco; atom a d Papeiliangei a (John Reich Painting
,C Decorating Go), October 20, MO (No 2519, DC S Ohio) Contra 136 NLRB No 11
" Shore v Local 66, International Union of Operating Engineers (Frank Badolato
Son), 47 LRRM 2685 (DC W Pa ) , Wawa v Cat pent& s District Council (Brown-Schrep-
Jarman it Go), May 19, 1961 (No 7146, D C E Cob) , Roumell v Port Huron Building
& Construction Trades Council (Port Hui on Sulphite d Paper 00), June 2, 1961 (No
21278, D C E Mich ) , Kagnard v Metallic Lathers and Reinforced Concrete Steel Workers
Union (Pm efabi icated Concrete), 186 F Supp 320 (D CENY), Bowe v Local No 272,
International Association of Bridge, Structural and Ornamental Iron Workers (Erectors
of Florida, /c), August 19, 1960 (No 10180—M, DC S Fla ) , McLeod v Local No 46,