Court: District Court, W.D. Pennsylvania; November 25, 1990; Federal District Court
Gerald Kobell, Regional Director for Region 6 of the National Labor Relations Board (NLRB), filed for a temporary injunction against Amalgamated Council of Greyhound Local Unions and Amalgamated Transit Union Local 1043, AFL-CIO, under Section 10(i) of the National Labor Relations Act. The NLRB alleges that the unions are engaging in unfair labor practices, specifically secondary boycotts, which pressure employers to cease business with Greyhound Lines, Inc. The Court seeks to restrain the unions from picketing at the Post House Cafeteria and Gift Shop in Breezewood, Pennsylvania, and from inciting strikes or any actions that would coerce Greyhound Food Management, Inc. or related entities. A hearing was conducted on September 20, 1990, during which the Court adopted previous findings from a June 28, 1990, Memorandum Opinion. The Court found that the picketing continued unchanged since the last hearing, with the same message displayed on the signs, indicating a strike against Greyhound Lines for unfair practices. Additionally, it was noted that Greyhound Food Management, Inc. attempted to reopen the Post House Restaurant on July 2, 1990, after it had been closed since March 7, 1990, following the establishment of the picket line.
Customers were informed about the reopening of the Post House on July 2, 1990, but no customers visited. Since that date, the Post House has not opened for business. On August 13, 1990, the United States Bankruptcy Court for the Southern District of Texas rejected the subleases between Greyhound Food Management (GFM) and Greyhound Lines Inc. (GLI) for the Post House's maintenance facility and ticket agency. GFM requested GLI to stop using the Post House as a meal and rest stop, leading to the removal of all GLI insignia and notices prohibiting access to GLI employees and customers. GFM also notified the respondents that their picketing was a violation of labor laws and must cease, but they did not comply. All GLI property was removed from the premises, and the locks were changed, with only the Post House manager having keys. Subsequently, on August 21, 1990, GFM filed a charge alleging unfair labor practices by the Amalgamated Council of Greyhound Local Unions and Amalgamated Transit Union Local 1043.
The conclusions of law state that the respondents are recognized labor organizations, and GFM and GLI engage in commerce. If unfair labor practices are suspected, the Board is required to seek interim injunctive relief from the District Court. The process under the Act imposes a minimal burden of proof on the Board, and the court’s role is not to decide the merits of the case but to determine whether reasonable cause exists for the Board's action. The determination of factual and legal issues is reserved for the National Labor Relations Board (NLRB), with appellate review available under specified sections of the Act.
The Regional Director is not required to prove an actual violation of the Act or to justify the legal theory in court. Instead, the Director must demonstrate reasonable cause to believe the elements of an unfair labor practice are present and that the legal theory is substantial. The Board, while facing a light burden of proof, must provide some evidence suggesting a violation of Section 8(b)(4) has occurred. Picketing at a common situs is generally valid unless there is compelling evidence of an illegal purpose, provided it meets specific standards. With GLI's subleases terminated and its insignias removed, it is concluded that GLI no longer operates at the Post House site. The court finds that continued picketing at a site without the primary employer engaged in normal operations indicates an unlawful attempt to entangle GFM in GLI's labor dispute. Respondents argue that an injunction would infringe their right to strike and publicize disputes, but such concerns are deemed insufficient to outweigh the need to prevent unlawful picketing. Judicial precedent supports that a union's right to publicize disputes does not permit illegal economic pressure. In alignment with Congressional intent to minimize industrial conflict, the court finds the Board’s theory substantial enough to warrant issuing the interim injunctive relief requested. An order for a temporary injunction will be entered accordingly.
On November 26, 1990, a court order was issued enjoining the Amalgamated Council of Greyhound Local Unions, AFL-CIO, and Amalgamated Transit Union Local 1043, AFL-CIO, along with their affiliates, from engaging in specific activities related to a labor dispute. The order prohibits them from: (1) continuing picketing at the Post House Cafeteria and Gift Shop in Breezewood, Pennsylvania; and (2) inducing or encouraging any employee involved in commerce to strike or refuse work related to goods and services connected with Greyhound Food Management, Inc. and Greyhound Lines, Inc. The order emphasizes the intent of the Taft-Hartley Act amendments to limit industrial conflict by preventing unions from coercing neutral employers not directly involved in the primary labor dispute.
