National Labor Relations Board v. Thomas Rigging Co.

National Labor Relations Board, hereafter the Board, petitions for enforcement of its order requiring respondents Thomas Rigging Company, hereafter the Company, the Carpenters Union, Local No. 642, United Brotherhood of Carpenters & Joiners of America, A.F.L., hereafter the Millwrights, and Harry Cecil, its business agent, to cease and desist from certain unfair labor practices and to take specified affirmative action.

The Board found that the Company was engaged in commerce within the meaning of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 141 et seq., hereafter the Act, and found that the Company violated § 8(a) (1) and (3) thereof by refusing to hire four members of the International Association of Machinists, hereafter the Machinists, because of an alleged unlawful agreement between the Company and the Millwrights that no employee would be hired unless he were a member of the Millwrights. The Board also found that the Millwrights violated § 8(b)(1)(A) and § 8(b) (2) of the Act by being a party to the unlawful agreement and causing the Company to engage in the discriminatory conduct.

Three questions are presented: 1. Did the Board properly assert jurisdiction…