National Labor Relations Board v. Clara-Val Packing Co.
Opinion
Opinion
Denman, J.
This is a petition by the National Labor Relations Board pursuant to § 10(e) of the 'National Labor Relations Act, as amended,. 29 U.S.C.A. §§ 151 , et seq., 160(e) for enforcement of its order issued against respondents Clara-Val Packing Company (•hereafter called Clara-Val) and the Cannery Warehousemen, Food Processors, Drivers and Helpers, Local Union No. 679, A.F.L. (hereafter called the Union).
Enforcement is resisted solely on the ground that the conduct claimed to constitute unfair labor practices was justified by a clause, later described, in a collective bargaining agreement adopted by the two respondents to govern the terms of employment at Clara-Val’s plant.
The charges giving rise to the instant proceedings were filed by one Stiers, who, in the middle of June, 1948, was an employee of Clara-Val and a member of the Union. The Union learned that after her hours of duty at Clara-Val’s plant Stiers was in the habit of performing work at the plant of Driscoll Strawberries, Inc. In so doing, Stiers crossed a picket line of the Union at the Driscoll plant in violation of that Union’s rules.
The Union demanded that Clara-Val discharge Stiers pursuant to the Union security…