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HIRSCH EX REL. NLRB v. SYSTEM COUNCIL U-2

May 7, 1982

Peter W. HIRSCH, Regional Director of the Fourth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner,
v.
SYSTEM COUNCIL U-2, IBEW, AFL-CIO and International Brotherhood of Electrical Workers, Local 1576, Respondents



The opinion of the court was delivered by: BROTMAN

This cause came on to be heard upon the verified Petition of Peter W. Hirsch, Regional Director of the Fourth Region of the National Labor Relations Board (herein called the Board), for a temporary injunction pursuant to Section 10(1) of the National Labor Relations Act, as amended (61 Stat. 149; 73 Stat. 544; 29 U.S.C. § 160(1); herein called the Act), pending the final disposition of the matters involved herein pending before the Board on charges alleging that System Council U-2, IBEW, AFL-CIO and International Brotherhood of Electrical Workers, Local 1576 (herein called Respondents), have engaged in, and are engaging in, acts and conduct in violation of Section 8(b)(4), subparagraph (B), of the Act, pending the final disposition of the matters involved before the Board, and upon the issuance of an order to show cause why injunctive relief should not be granted as prayed in said Petition. A hearing on the issues raised by the Petition and the Answers was duly held on May 6, 1982. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to present evidence bearing on the issues, and to argue on the evidence and the law. The court has fully considered the pleadings, evidence, arguments and briefs of counsel. Upon the entire record, the court makes the following:

FINDINGS OF FACT

 There is, and Petitioner has reasonable cause to believe that:

 1. Petitioner is Regional Director of the Fourth Region of the Board, an agency of the United States, and files this Petition for and on behalf of the Board.

 2. Jurisdiction of this court is invoked pursuant to Section 10(1) of the Act.

 3. (a) On or about May 3, 1982, Bechtel Power Corporation (herein called Bechtel), pursuant to the provisions of the Act, filed a charge with the Board alleging that Respondents have engaged in, and are engaging in, unfair labor practices within the meaning of Section 8(b)(4), subparagraph (B), of the Act,

 (b) On or about May 3, 1982, Public Service Electric & Gas Company (herein called Public Service), pursuant to the provisions of the Act, filed a charge with the Board alleging that Respondent System Council U-2, IBEW, AFL-CIO, (herein called System Council), has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b)(4), subparagraph (B), of the Act.

 4. The aforesaid charges were referred to Petitioner as Regional Director of the Fourth Region of the Board.

 5. Respondents are each labor organizations and System Council is an agent of a labor organization within the meaning of Section 2(5), 8(b) and 10(1) of the Act, and at all times herein have acted in concert for the purpose of organizing and implementing the picketing described herein.

 6. Respondents, unincorporated associations, are each organizations in which employees participate, and which exist for the purpose, in whole or in part, of dealing with employers concerning grievances, wages, rates of pay, hours of employment or conditions of work.

 7. Respondent Local 1576 has its principal office at 97 David Drive, Mullica Hill, New Jersey. Respondent System Council U-2 has its principal office at 60 Park Place, Newark, New Jersey. At all times material herein, Respondents have been engaged within this judicial district in transacting business and in promoting and protecting the interests of their employee-members.

 8. At all times material herein, Charles Wolfe has been President of System Council and an agent of Respondents within the meaning of Section 8(b) and 10(1) of the Act.

 9. Bechtel, a Nevada corporation, is engaged in the business of constructing nuclear power plants. During the past year, Bechtel performed services valued in excess of $ 50,000 outside the State of Nevada.

 10. Public Service, a New Jersey corporation, is engaged in the business of providing utilities to the general public. During the past year, Public Service received in excess of $ 500,000 for services performed and purchased goods and supplies valued in excess of $ 50,000 from firms located outside the State of New Jersey.

 11. At all times material herein, Public Service has engaged Bechtel and James P. Horan, Inc. (herein called Horan), as prime contractors to construct a nuclear power generating station at the Hope Creek Power Generating Station (herein called the Hope Creek Project).

 12. On April 30, 1982, the collective bargaining agreement between Public Service and Respondents covering the operation of the Salem Nuclear Generating Station terminated by its terms, as a result of which the parties are presently involved in negotiations on a new contract.

 13. The Hope Creek Project is located on the same lands as the Salem Nuclear Generating Station (herein called Generating Station), but in a location reached by a separate roadway and at a different location than the Generating Station.

 14. The construction work performed at the Hope Creek Project does not affect or curtail the operation of the Generating Station, as the two facilities are separate and distinct.

 15. On April 30, 1982, Public Service, in anticipation of strike action by Respondents, established a reserve gate system, to avoid enmeshing neutral employers, Bechtel and Horan, in the dispute which arose between Respondents and Public Service. The reserve gate for Bechtel and Horan is identified at point 5 on Exhibit P-1 and the reserve gate for the Generating Station at point 8 on said Exhibit. Appropriate signs designating ...


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