National Labor Relations Board v. Millmen & Cabinet Makers Union, Local No. 550, United Brotherhood of Carpenters & Joiners of America, Afl-Cio

Good Law
367 F.2d 953·63 L.R.R.M. (BNA) 2328·1966 U.S. App. LEXIS 4674
United States Court of Appeals for the Ninth CircuitOctober 19, 196620850California1,628 words

Opinion

Opinion

Cecil, J.

This cause is before the Court upon the petition of the National Labor Relations Board for enforcement of the Board’s order, issued July 2, 1965, against Millmen & Cabinet Makers Union, Local No. 550, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, (the Union), respondent herein. This Court has jurisdiction of the proceeding, the alleged unfair labor practice having occurred in Fremont, California, within this judicial circuit. (Section 160(e), Title 29, U.S.C.)

The facts are not in dispute. It is conceded by counsel for the respondent that the facts are substantially as stated in the Board’s findings of facts. During 1964, BESCO, a partnership, engaged in the building and construction business as a general contractor, was building homes on a large subdivision in Fremont called Cabrillo Park. It was building homes at the rate of about 200 per year. Model homes were open for inspection by potential buyers in July of 1964 and BESCO had a sales office, at the site, in full operation. The partnership contemplated several years of further development in the area.

At the time the alleged unfair labor practice occurred there were between 90 and 100 construction…

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