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VINCENT v. CHAUFFEURS, TEAMSTERS AND HELPERS, ETC.

Civ. No. 7453.

186 F.Supp. 583 (1957)

Merle D. VINCENT, Jr., Regional Director of the Third Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL NO. 118, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO, Respondent.

United States District Court W. D. New York.

December 27, 1957.

Attorney(s) appearing for the Case

Leroy W. C. Mather, Washington, D. C., James J. McHugh, New York City, for National Labor Relations Board.

Harris, Beach, Keating, Wilcox & Dale, Rochester, N. Y., for Scobell Chemical Co., Inc.

Scully, O'Brien & McDermott, Rochester, N. Y., for respondent.

BURKE, Chief Judge.

The Union opposes a preliminary injunction on the ground that it has a contract containing a "hot cargo" clause with each of the carriers, whose employees the Union has induced and encouraged to refuse to handle Scobell's freight, and that because of such contracts its conduct in that respect is exempt from the provisions of Section 8(b) (4) (A, B). 29 U.S.C.A. § 158(b) (4) (A, B). The Union stresses that, unlike Douds v. Milk Drivers and...

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