Leonard Smitley and Joseph W. Drown, D/B/A Crown Cafeteria, a Copartnership v. National Labor Relations Board

Petition to review an order of the National Labor Relations Board which dismissed an unfair labor practice complaint that had been issued on charges filed by the petitioners. The complaint alleged that the unions involved had picketed the Crown Cafeteria in Long Beach, California, owned by petitioners, in violation of section 8(b) (7) (C) of the National Labor Relations Act as amended ( 29 U.S.C. § 158 (b) (7) (C), as amended). The pertinent portions of the statute involved read as follows, with certain key words and phrases emphasized by us:

The findings of the Board as to the facts are not attacked. It found, in substance, that the unions picketed the cafeteria for more than thirty days before filing a representation petition under section 9(c) of the Act ( 29 U.S.C. § 159 (c)), that an object of the picketing was to secure recognition, that the purpose of the picketing was truthfully to advise the public that petitioners employed non-union employees or had no contract with the unions, and that the picketing did not have the effect of inducing any stoppage of deliveries or services to the cafeteria by employees of any other employer. The matter was twice heard by the Board,…