Great Northern Railway Company v. National Labor Relations Board

This matter is before us on the petition of Great Northern Railway Company to ■review and set aside an order of the National Labor Relations Board. In the questioned order the Board dismissed a complaint charging that two unions were engaging in an unfair labor practice proscribed by section 8(b) (4) (A) of the National Labor Relations Act, 29 U.S. C.A. § 158(b) (4) (A).

The precise question presented for our consideration is whether in view of the restrictions placed on the terms “employer” and “employee” in section 2(2) and (3) of the act, 29 U.S.C.A. § 152 (2) and (3), a railroad must be denied Board protection from conduct which would otherwise constitute a secondary boycott proscribed by section 8(b) (4) (A) of the act.

The complaint in question, based on charges filed by the railroad, was issued against Lumber & Sawmill Workers Local 2409 and Montana District Council, Lumber & Sawmill Workers Unions. The principal allegations of the complaint are summarized in the following two paragraphs.

On or about January 30, 1953, the named unions became engaged in a primary labor dispute with Foley’s Mill and Cabinet Works of Helena, Montana. On that date, acting in concert and…