National Labor Relations Board v. Hod Carriers' and Construction Laborers' Union, Local No. 300, Afl-Cio

Good Law
392 F.2d 581·67 L.R.R.M. (BNA) 2879·1968 U.S. App. LEXIS 7716
United States Court of Appeals for the Ninth CircuitMarch 14, 196821837California210 words

Opinion

Opinion

The National Labor Relations Board has petitioned this court for enforcement of an order entered against the Hod Carriers’ and Construction Laborers’ Union, Local No. 300, AFL-CIO.

The record provides substantial support for the Board’s conclusion that one Murdock, an official of the respondent union, caused the Desert Pipeline Construction Company to discharge two employees because they had been “disrespectful” to Murdock.

Such conduct is prohibited by section 8(b) (2) of the National Labor Relations Act, 29 U.S.C. § 158 (b) (2) (1964):

Section 8(a) (3) makes it an unfair labor practice for an employer to “encourage * * * membership in any labor organization” by means of “discrimination in regard to hire or tenure of employment or any term or condition of employment * * *.” See, e. g., NLRB v. Carpenters Local 1281, 369 F.2d 684 (9th Cir. 1966); Lummus Co. v. NLRB, 119 U.S.App.D.C. 229 , 339 F.2d 728 , 733-735 (1964); cf. Radio Officers’ Union v. NLRB, 347 U.S. 17, 25-26, 40-42 , 74 S.Ct. 323 , 98 L.Ed. 455 (1954).

Along with other relief, the Board awarded the equivalent of back pay to the two employees involved. -The awards seem accurately computed and reasonably designed…

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