Servette, Inc., Peititoner v. National Labor Relations Board

This case is before the court upon the petition of Servette, Inc. to review a decision and order of the National Labor Relations Board dismissing an unfair labor practice complaint which had issued upon charges filed by petitioner. The Board’s decision is reported at 133 NL RB p. 1501 (Oct. 30, 1961).

The case involves an attempt by the Wholesale Delivery Drivers and Salesmen’s Union, Local No. 848, to force several retail markets to cease doing business with petitioner with whom the Union was having a labor dispute. It was charged that the Union activity was proscribed by § 8(b) (4) (i) (ii) (B) of the National Labor Relations Act, as amended 29 U.S.C. § 158 (b) (4) (i) (ii) (B).

The primary facts are not in dispute. Petitioner is a wholesale distributor of specialty merchandise such as candy, liquor, holiday supplies and specialty articles in the area of Los Angeles, California. Included in such merchandise are brand name products, i. e., GOOD SEASON SALAD DRESSING and OLD LONDON PRODUCTS. Kory’s Markets, Inc., McDaniels Markets and Daylight Markets (herein referred to as Kory, McDaniels and Daylight) separately operate chain retail food supermarkets in the area of Los…