National Labor Relations Board v. Winston Brothers Company and Green Construction Company D/B/A Winston & Green

This case is before the court upon the petition of the National Labor Relations Board under section 10(e) of the National Labor Relations Act for enforcement of its order against respondent, a joint venture composed of Winston Brothers Company and Green Construction Company. The Board’s order is based upon a finding that respondent violated section 8(a) (1) and (3) of the Act by transferring and ultimately discharging three employees, in response to pressure by their fellow employees, because the three had worked behind a picket line.

During the fall of 1960 and January and February, 1961, respondent was engaged in constructing a tunnel at a location some 65 miles east of Fresno, California. An organization known as the Tunnel and Rock Workers Union of America (TRWA) petitioned the National Labor Relations Board in the fall of 1960 to certify it as bargaining representative of certain employees of the members of Associated General Contractors. Respondent was a member of Associated General Contractors and the petition covered some of its employees. On January 9, 1961, the TRWA struck and picketed respondent’s tunneling job. Local 294 of the International Hod Carriers, Building and…