Case Study:
Texaco, Inc., operates a refinery in Anacortes, Washington, and contracts with independent contractors to process a refinery byproduct into a commercially usable product at a separate on-site coking unit. Alpha Omega Construction, Inc., was the coking contractor from 1990 through 1995. Texaco awarded the contract to Western Plant Services, Inc. (WPS) on June 1, 1995. To protest the failure of WPS to hire former Omega workers represented by the Oil, Chemical and Atomic Workers (OCAW) union, the union began picketing gates 6 and 7 at the Texaco refinery, gates reserved for WPS’s workers and suppliers. Burlington Northern Railroad (BN) had been assigned a separate reserved gate at the BN’s spur track. BN was under contract with Texaco to transport the products produced by WPS at the coking facility. Neither BN nor Texaco had a labor dispute with OCAW. However, on June 3 and June 5, an OCAW union member picketed the BN reserved gate area and the main line, respectively, disrupting BN’s service under its contract with Texaco to transport products from the coking facility operated by independent contractor WPS. The General Counsel contended that the picketing of the BN reserved gate was secondary picketing in violation of Section 8(b)(4)(B). Because employers other than WPS were working at the facility, the General Counsel contended that Moore Dry Dock standards should apply to the common situs picketing. OCAW contended that it was lawful primary situs picketing under the Steelworkers v. NLRB & Carrier Corp. decision. Decide. [OCAW v. Burlington Northern Railroad, 325 NLRB 45]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.