National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 12, Afl-Cio

This case is before us upon a petition for enforcement of an order of the National Labor Relations Board (hereinafter “the Board”) issued against International Union of Operating Engineers, Local Union No. 12, AFL-CIO, (hereinafter “respondent”) following a decision by the Board that respondent violated Section 8(b) (4) (A) and (B) of the National Labor Relations Act [ 61 Stat. 141 ; 29 U.S.C.A. § 158 (b) (4) (A) and (B)]. The proceedings before the Board began with the issuance of a complaint by the General Counsel of the Board and the filing of an answer thereto by respondent. Thereafter, the parties stipulated the facts in connection with the charges against respondent, waived the taking of any testimony and the hearing and intermediate report processes before a Trial Examiner, and agreed that the matter might be transferred forthwith to the Board. Pursuant to the agreement of the parties, the Board transferred the proceedings to itself, fixed a time for filing briefs, and gave directions regarding requests for oral argument. Only the General Counsel filed a brief, and neither party requested argument.

From the stipulated facts it appeared that Pacific Engineers & Surveyors,…