lose sight of the fundamental purposes of the Act as expressed in Section 1 and the rights guaranteed by Section 7. The employees in the William-Penn Case had for twelve (12) years been represented by the American Communications Association. In the instant case, the AFL had no such claim as designee.
The case of W. S. Ponton of N.J., Inc., 93 N.RB 182 holds only that an employer may not withdraw from an appropriate industry-wide unit during the term of the contract negotiated by the association. Such a situation is not involved here. That case cannot be interpreted to deprive employees of their right to voice their preference for their bargaining agent.
In Potlatch Forest, Inc., 94 NLRB #216, under a similar set of facts, an AFL union sought to represent a new plant under construction by the company, while the company and the CIO urged that the negotiations should be carried on through the existing company-wide bargaining unit. The Board held that the existing unit could represent the employees if the employees of the mill so desired, and directed that an election be held to determine the question. See also Drewrys Limited U.S.A., Inc., 44 NLRB 1119; Chicago Freight Car & Parts Co., 83 NLRB 1163; General Motors Corp., 56 NLRB 1887; American Steel & Wire Co. of N.J., 63 NLRB 1244, 1246; United States Cartridge Co., 42 NLRB 191; Pepsi-Cola Bottling Co. of Kansas City, 55 NLRB 1180; International Longshoremen's & Warehousemen's Union, 90 NLRB 166; Merry Shoe Corp., 10 NLRB 457. In each of these cases the employees had a voice in choosing their representatives.
The grant of an injunction in this case should in no wise be interpreted to prevent the Company from transferring the men employed at the Kearny branch to the new plant in Newark, nor does this court hold that if the Company desired to transfer the freight handling department bodily from the Kearny branch to the new Newark plant that it could not recognize Local 153 as the bargaining agent for these men. This may be entirely possible. Yale Rubber Mfg. Co. & United Rubber Workers of America CIO, 85 NLRB 131; Decker Clothes, Inc. 83 NLRB 484. But such a situation is not before the court and it does not now decide the point.
No basis has been shown for the speculation indulged in by the attorney for Teamsters Local 153 to the effect that the injunction will detrimentally affect freight handlers at Kearny, and this injunction is not to be construed to affect the employment and seniority rights of the employees of the Kearny branch.
The court should mention in passing that the transcript of testimony in this case covers eight hundred six (806) pages, all of which was heard during five (5) hot, humid, and to-rid days in the beginning of July.
I realize that the question of injunctions in labor disputes has been one of the hottest subjects of political controversy for many years. I personally am opposed to the issuance of injunctions in labor disputes, except in the public interest or when required by law in any given set of compelling circumstances. I also believe that the power of courts to issue injunctions in labor disputes should be sharply limited by statute. I find myself in this case not concerned with so much who is right, but what is right. I have found reported six (6) cases, heretofore cited, involving applications by the National Labor Relations Board for relief under Section 10(j), and in each instance the injunction was granted because the court felt that the facts warranted it, and assumed its share of the responsibility of enforcing the Act. I so feel in this case.
The court decides that the National Labor Relations Board has made out a case for a preliminary injunction. For the protection of the public interest and for the purpose of effectuating the policies of the Act, in accordance with Section 10(j) of the Act, and pending final adjudication of the Board with respect to the violation herein involved, a preliminary injunction is granted.
The foregoing shall be taken as the Findings of Fact and Conclusions of Law.
Settle order on notice.
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