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LIGHTNER EX REL. NLRB v. DAUMAN PALLET

September 4, 1992

J. MICHAEL LIGHTNER, Acting Regional Director of Region 22 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner,
v.
DAUMAN PALLET, INC., AND DAUMAN RECYCLING, INC., A Single Employer, Respondent.



The opinion of the court was delivered by: JOHN C. LIFLAND

 LIFLAND, District Judge

 This matter is before the court on a petition filed by the Acting Regional Director of Region 22 of the National Labor Relations Board (the "NLRB" or the "Board"), pursuant to § 10(j) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(j) for a temporary injunction pending the final disposition of this action. The filing of this petition follows the issuance of an unfair labor practice complaint pursuant to NLRA § 10(b), upon charges filed by Plastic, Metal, Trucking, Warehouse & Allied Workers, Local 132-98-102, International Ladies Garment Workers Union, AFL-CIO, (the "Union"), alleging that respondent Dauman Pallet Inc., and Dauman Recycling Inc., a Single Employer ("Dauman"), has engaged in, and is engaging in, unfair labor practices within the meaning of §§ 8(a)(1), (3) and (5).

 The NLRB asserts, inter alia, that Dauman has discriminated against Union employees by laying off and refusing to reinstate employees and assigning employees to more onerous duties because of their support for the Union, and that Dauman has refused to recognize and bargain with the Union concerning a unit of Dauman employees. Dauman has filed an answer to the Board's petition for injunctive relief along with a memorandum opposing such relief on the ground that the relief sought is not just and proper. Dauman concedes that the Board has reasonable cause to believe that the NLRA has been violated. The court will rely upon the administrative record and the testimony presented before this court. After review of the administrative record, the testimony before the court and the submissions of the parties, the court finds that injunctive relief would be just and proper, in order to effectuate the purposes of the Act. Therefore, the Board's petition for injunctive relief pursuant to § 10(j) will be granted.

 BACKGROUND

 Respondent's business is two-fold. It engages in wooden pallet repairs and reconditioning, and its recycling operation grinds up unusable pallets and other wood products for sale as mulch and fuel. Respondent's main facility is located in Carteret. Until November 1, 1991, Respondent's main facility was located in Woodbridge. Respondent also has employees who repair pallets on site at a Pathmark warehouse in Woodbridge and a Rickel warehouse in South Plainfield.

 According to the Certification of David Damiano, the principal of Dauman Recycling, Inc., the two operations were forced to move from Woodbridge to Carteret as a result of a court order evicting them from the Woodbridge site. According to that affidavit the Carteret site is substantially smaller than the Woodbridge site. This is the primary basis for defenses to many of the unfair labor practices alleged.

 Prior to October of 1991, there was no Union presence within the respondent's operations. On October 21, 1991, two union organizers demanded recognition from Joseph Damiano, President of Dauman Pallet, Inc., and father of David Damiano. Respondent refused. On November 1, 1991, twenty-five employees were laid off. The Board contends this action was taken as a result of the ongoing attempt at unionization.

 The administrative record reveals the following. Nehemias Alvarado, a Dauman employee, testified that in November of 1991, David Damiano and Peter DiMarco, a Dauman truckdriver, called him to meet at a diner. While at the diner, David Damiano asked Alvarado to leave the union in exchange for $ 10 an hour, paid vacations and holidays. (Administrative Transcript, p. 620) Alvarado further testified that on November 14, 1991, Joseph Damiano said the following:

 
-Alvarado would never drive a machine;
 
-All workers who went on strike would be forced to do piece work; *fn1"
 
-forget about the Union, the Union isn't going to win because I have the best attorneys around;
 
-my attorneys have told me to call some workers back;
 
-workers who had not signed Union cards could work overtime, workers who had signed cards ...

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