National Labor Relations Board v. District Council of Painters 48 and Paint Makers Local Union 1232

Good Law
340 F.2d 107·58 L.R.R.M. (BNA) 2165·1965 U.S. App. LEXIS 6983
United States Court of Appeals for the Ninth CircuitJanuary 5, 196519263California2,099 words

Opinion

Opinion

Barnes, J.

This is a petition by the National Labor Relations Board for enforcement of its order, pursuant to Section 10(e) of the National Labor Relations Act, as amended ( 29 U.S.C. § 151 et seq.). The Board possessed jurisdiction over respondents’ activities because of the substantial interstate commerce that was affected. 29 U.S.C. §§ 152 (6, 7), 160(a).

In the proceeding below, the National Labor Relations Board found that Local 1232 violated Section 8(b) (4) (i) and (ii) (B) of the Act by encouraging an individual employed by Avalon Painting & Drywall Co. (“Avalon”) to refuse in the course of his employment to use, handle, or otherwise perform services with materials manufactured by Hamilton Materials, Inc. (“Hamilton”), and by threatening, coercing and restraining Avalon, all with an object of forcing or requiring Avalon to cease doing business with Hamilton. The Board also found that the District Council of Painters #48 violated Section 8(b) (4) (i) (B) of the Act by encouraging individuals employed by Avalon and Reuben Casey (“Casey”) to refuse in the course of their employment to use, handle, or otherwise perform services with Hamiltion material, with an object of forcing or…

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