National Labor Relations Board v. International Ass'n of MacHinists Local No. 504

The National Labor Relations Board, after finding that the above named Union had been guilty of an unfaiy labor practice in violation of § 8(b) (2) and § 8(b) (1) (A) of the National Labor Relations Act, as amended, issued its order that the Union cease and desist from causing or attempting to cause the employer, Westinghouse Electric Corp., to discharge or otherwise discriminate against its employees, and particularly, to make whole one Clyde Scheuermann for any loss of pay he may have suffered as a result of the discrimination. No question is raised as to the jurisdiction of the Board, and there is no dispute as to the Board’s findings of fact insofar as they recite what the various parties mentioned in the findings said and did. The controversy relates to the inferences and conclusions which the Board has drawn from these basic admitted happenings.

The employer, here called the Company, was engaged in the manufacture of electrical and steam equipment at Sunnyvale, California. Scheuermann had been employed for about eight years by the Company or its predecessor in ownership of the plant. He was a member of the respondent Union. The Company and the Union had had a closed shop…