National Labor Relations Board v. International Hod Carriers', Building and Common Laborers' Union of America, Local 300, Afl-Cio

The National Labor Relations Board, hereafter the Board, entered its order adjudging International Hod Carriers’, Building and Common Laborers’ Union of America, Local 300, AFL-CIO, hereafter the Union, guilty of violating Sections 8(b) (1) (A) and 8(b) (2) of the National Labor Relations Act, 29 U.S.C.A. § 158 (b) (1) (A), (b) (2). We are asked by the Board to enforce said order. The Board adopted the findings of the Trial Examiner, which are to the effect that the Union unlawfully caused Martin Bros., an employer doing contracting work, to discharge employees Monico Garcia and Jesse Gallego because said employees had failed to adhere to the Union’s internal rules governing job referral.

The Trial Examiner found in substance the following facts: That in April, 1958, Martin Bros, was engaged in a construction project known as the Wil-shire Terrace job. On Friday, April 18, Garcia and Gallego, both Union members, went to the project on their own volition and were hired as laborers by Arthur Sherman, Martin Bros.’ foreman. At the time the two men reported for work the next Monday respondent’s assistant business agent was on the scene; he ascertained that these men had not received…