TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

198 Twenty-sixth Annual Report of the National Labor Relations Board
putes in the maritime industry, 65 2 relating to conflicting work claims
in the newspapet publishing industry, a° and 1 each relating to disputed
work in the theatrical 67 and trucking industries 65
In the Northern Metal case, above, the company loaded vehicles of
various kinds aboard vessels for shipment overseas By agieement,
the company had assigned the movement of the vehicles to the crane
at shipside to 7 of its own employees, who belonged to one union, and
had assigned the remainder of the loading work to 15 membeis of
respondent union, a stevedoring local After working a numbet of
years under this turangement, the stevedoring union demanded the
movement of the vehicles to slupside This would have required the
employment of a 22-man stevedoring gang instead of the 15-man being
used When respondent's demand was not acquiesced in, respondent,
relying on a provision in its contract which provided that the loading
of general cargo iequired a gang of 22 men, refused to furnish gangs of
15 men as it had previously for the loading of the vehicles The dist'
ict court found reasonable cause to believe that respondent's insistence
on the employment of 22-man gangs rather than 15-man gangs
was in furtherance of its demand for the shoreside work assigned to
the members of the other union and that a jurisdictional dispute within
the meaning of section 8(b) (4) (D) existed Finding injunctive
elief appi opi late, the cout t enjoined iespondent On appeal, responddent
contended that it was entitled pursuant to its contract and a
grievance pi ocedui e thereunder to insist on the employment of 22-man
gangs The Third Circuit 69 sustained the injunction, holding that
respondent's insistence on the employment of 22-man gangs under the
circumstances clemly established reasonable cause to believe that
respondent union was demanding the work assigned to the other union
Wood, Wire and Metal Lathers International Union (Precrete, Inc ), June 112, 1961 (No
61 C 400, DCENY), Coeentsno v Local 553, United Association of Journeymen, etc
(Blinots Power Co), 46 LERM 2992 (DC S Ill ) , Hendrix v Local 101, International
Union of Operating Engineers (Ets-Hoktn et Galvan, Inc ), 47 LERM 2132 (D C Kans )
Ounce v Local No 825, International Union of Operating Engineers (Mechanical Contutelars
Assn of hew Jel s py) August 11, 1960 (No 653-60 DCNT ), Cuneo v Local
825 International Union of Operating Engineers (Nichols Electric Co), June 15, 1961
(No 435-01, DCN T) Pencil° v Local 5, United Association of Journeymen, etc
(Arthur Venners Co ), 46 'ARM 2740 (D CD C)
85 Schauffier v Local 1291, International Longshoremen's Assn (Northern Metal Co ),
188 F Rupp 203 (DC E Pa h aflci 292 F 2d 182 (C A 3)1 Kennedy v Maritime Trades
Department, Southern California Ports Council (Todd Shipyards Corp ), June 7, 1961
(No 596-61—K, D C S Calif ) , Graham v International Longshoremen's d Warehouse
men's Union Local he 19 (J Duane Vance), November 16, 1960 (No 5150, DC W Wash )
86 McLeod v Newspapei it Mail Deliverers Union, etc (New Foil, Times Co ), November
4, 1960 (No 60 Civil 4027, DCSNY), Kennedy v International Typographical Union
(ffillbro Newepape, Printing ), October 4, 1900 (No 1095-60 —T, DC S Calif)
67 Cosentino v International Alliance of Theatrical, Stage Employees it Motion Picture
Machine Operators (Globe-Democrat Publishing Co ), 48 LERM 2221 (DC D Mo )
Kaynard v Highway it Local Moto, Freight Drivers, Dockmen if Helper., (Arbogast
if Bastian, Inc ) October 28, 1960 (No 60 Cll. 11 3941, DCSNY)
to) Schaufflet Local 1291, International Longshoremen's Assn (Northern Metal Co).
292 F 2d 182