Local No. 83, Construction, Building Materials and Miscellaneous Drivers Union, Etc. v. Joseph Alton Jenkins, Regional Director, Etc.

Local No. 83 appeals from an order of the District Court for the District of Arizona granting appellee’s motion for judgment on the pleadings and issuing a temporary injunction pursuant to Section 10(1) °f the National Labor Relations Act, as amended, 29 U.S.C.A. § 160 (0-The petition of the appellee Regional Director of the Twenty-eighth Region of the National Labor Relations Board for the injunction was based on the ground that Local No. 83 had engaged in and was engaging in unfair labor practices proscribed by Section 8(b) (4) (i) (ii) (C) of the Act, 29 U.S.C.A. § 158 (b) (4) (i) (ii) (C). This section prohibits certain conduct in furtherance of an attempt to force an employer to recogniaie one union as the collective bargaining representative of his employees although another union has been certified by the Board to be such representative.

The petition alleged that some time prior to February 20, 1959 another union, Local 274, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America had been duly certified by the Board as the exclusive bargaining representative of the employees of the B. F. Goodrich Company (hereinafter Goodrich) in the…