Kohn

MEMORANDUM AND ORDER RE: PETITION FOR A TEMPORARY INJUNCTION TO RESTRAIN LABOR ACTION

I.

INTRODUCTION

The Southwest Regional Council of Carpenters, Local 209 (“the union”) has been engaged in a lengthy labor dispute with M & M Interiors, Inc., a building trades company that allegedly pays its carpenters substandard wages and benefits. To publicize its dispute with M & M, union members have been displaying a banner and handing out leaflets at Silver Star Cadillac, a work site where M & M has been employed as a subcontractor by Carignan Construction Company (“Carignan”), the prime contractor on a remodeling project. The union’s banner reads “Labor Dispute: Shame on Cadillac/SAAB: Labor Dispute.” The leaflets provide a more detailed description of the union’s dispute with M & M.

Carignan filed a complaint with the National Labor Relations Board (“NLRB”) to force the union to cease these activities, and the NLRB filed this petition. Petitioner Kohn, the Acting Regional Director of the NLRB, concedes the right of the union members to hand out leaflets at the construction site, but asserts that the union’s “bannering” activity violates § 8(b)(4)(ii)(B) of the National Labor…