National Labor Relations Board v. International Longshoremen's and Warehousemen's Union, Local 10

The National Labor Relations Board petitions us to enforce its order directing respondents to cease and desist from various unfair labor practices and to take certain affirmative action which in the Board’s opinion will effectuate the purposes of the National Labor Relations Act. The Board’s order resulted from charges brought by A. T. Satchell, a longshoreman. Satchell was the General Counsel’s sole witness. The facts, gleaned for the most part from his testimony, are as follows:

In the spring of 1957, Satchell and others instituted a law suit to regain membership in respondent Local 10. From that time on, until January, 1958, when the present charges were heard before the Trial Examiner, Satchell was dispatched with regularity to longshore jobs on the San Francisco Bay waterfront. 2On three occasions, however, he was prevented from working at the job to which he was dispatched. These occasions provide the grounds for the unfair labor practices charged against respondents.

On a date near or about July 27, 1957, Satchell was “dispatched” to Encinal Terminal, Alameda, for work. He was accompanied by another longshoreman named Meisner. Upon reaching this Terminal Satchell and…