National Labor Relations Board v. Local 776, Iatse (Film Editors), Local 776 (Film Editors) v. National Labor Relations Board

The National Labor Relations Board found that Local 776, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada (hereinafter “Respondent”), violated section 8(b) (2) and 8(b) (1) (A) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 158 (b) (1) (A), (2), by causing Cascade Pictures Co. of California, Inc. to discharge an employee, Henry A. Carlson, for lack of union membership. The matter is now before the court on the Board’s petition for enforcement of its ensuing order and Respondent’s cross-petition to review that order.

Respondent objects to the granting of the relief sought by the Board and attacks the validity of the order on three grounds: (1) insufficiency of the evidence to support the critical finding; (2) error in the admission of evidence, prejudicial to the Union; and (3) the order is excessive in scope.

It should be noted with reference to the first of these three grounds that the questioned finding is predicated upon the commission of an unfair labor practice by Carlsons employer. If Cascade’s act did not constitute a violation of section 8(a) (3) or if, although it was a violation, the…