National Labor Relations Board v. O'Keefee Electric Co.

Good Law
391 F.2d 589·67 L.R.R.M. (BNA) 2833·1968 U.S. App. LEXIS 7834
United States Court of Appeals for the Ninth CircuitMarch 6, 196821764_1California874 words

Opinion

Opinion

Duniway, J.

Petition to enforce an order of the National Labor Relations Board. The Board’s Decision and Order are reported at 158 NLRB No. 42 . Our examination of the record leads us to the conclusion that the trial examiner’s findings of fact are “supported by substantial evidence on the record considered as a whole,” ( 29 U.S.C. § 160 (e)). The only substantial question concerns the Board’s jurisdiction. We therefore state the facts upon which the Board rests jurisdiction.

Respondent is a California corporation, wholly owned by William O’Keeffe, Sr. and his wife. Their son is the manager. Its business is electrical construction, repair, and maintenance in the San Francisco Bay Area. It is a small business. There were, at the times in question, one other office employee and about ten shop employees. A few of the shop employees, known as wiremen, were represented, for collective bargaining, by Local 6, International Brotherhood of Electrical Workers, AFL-CIO. Seven others, called maintenance employees, were represented by Local 355 of the Sheetmetal Workers Union.

Respondent was a member of the San Francisco Electrical Contractors Association, Inc., which acted as collective bargaining…

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