Swinerton

National Labor Relations Board v. Swinerton

Good Law
202 F.2d 511·31 L.R.R.M. (BNA) 2384·1953 U.S. App. LEXIS 3518
United States Court of Appeals for the Ninth CircuitFebruary 17, 195313303_1California2,700 words

Opinion

Opinion

Orr, J.

The National Labor Relations Board seeks enforcement of an order requiring respondents to cease and desist from certain unfair labor practices and to take certain affirmative action which the Board found would effectuate the policies of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., as amended by the Labor Management Relations Act of 1947, 29 U. S.C.A. § 141 et seq. The order is based upon the conclusions of the Board and the Trial Examiner that respondents refused to hire certain specified workmen because of lack of membership in or referral by Local 102, .United Brotherhood of Carpenters & Joiners of America, herein called the Millwrights ; that respondents by their discriminatory hiring policy discouraged membership in the International Association of Machinists, herein called the Machinists; that such conduct was in violation of § 8(a) (3) of the Act, 29 U.S.C.A. § 158 (a)(3), and also interfered with, restrained, and coerced employees in the exercise of the rights guaranteed in § 7 of the Act, 29 U.S.C.A. § 157 , thereby violating § 8(a)(1), 29 U.S.C.A. § 158 (a)(1). Respondents raise no jurisdictional question.

Respondent Swinerton and Walberg Company, herein…

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