The Nat’l Labor Relations Bd. ruled 2-1 Aug. 27 that Int’l Bhd. of Teamsters Local 890 committed an unfair labor practice when it videotaped the comings and goings of replacement workers during an economic strike at a Cal. vegetable product processor and distributor. In an opinion affirming the recommendations of an NLRB administrative law judge, Chairman Peter J. Hurtgen and Member John C. Truesdale found that Local 890 violated the Nat’l Labor Relations Act by videotaping the license plates and occupants of vehicles driven into Basic Vegetable Products’ King City, Cal., facility, because the videotaping, along with abusive comments made by the picketers, reasonably could tend to instill fear in the minds of the replacement workers. Member Dennis P. Walsh dissented, arguing that the union’s purpose for videotaping was lawful and that the videotaping did not have a tendency to restrain the replacement workers from exercising their rights under NLRA.
NLRB ordered the local to stop videotaping replacement employees and their vehicles and vehicle license plate numbers, and to stop otherwise restraining or coercing employees from exercising their NLRA rights. Olivia Garcia Boullt represented the NLRB general counsel. Duane B. Beeson, with Beeson, Tayer & Bodine in San Francisco represented the union. Marcia A. Ross of Joy, Peterson, Watkins & Smith represented BVP.[BNA 9/10/01]
New York Local Violated Federal Labor Law
The Nat’l Labor Relations Bd. ruled, 2-1, Sept. 13 that an arbitration decision requiring a N.Y. dairy products wholesaler, J&J Farms Creamery Co., in Maspeth, N.Y., to subcontract trucking work only to employers that have a contract with Int’l Bhd. of Teamsters Local 277 is unenforceable. NLRB chairman Peter J. Hurtgen and member John C. Truesdale decided Local 277’s attempt to enforce the arbitration ruling violated Section 8(e) of the Nat’l Labor Relations Act, which prohibits any agreement precluding an employer from doing business with another person. NLRB characterized the bargaining contract provision interpreted by the arbitrator as an illegal “union signatory” clause that is secondary in character, in violation of NLRA Member Wilma B. Liebman dissented. [BNA 9/14/01]