National Labor Relations Board v. Bricklayers & Masons International Union, Local No. 3, and Frank S. Llewellyn, Secretary

The National Labor Relations Board petitions for enforcement of its order entered in a proceeding in which the union-respondent and its secretary were found to have violated section 8(b) (3) of the National Labor Relations Act, 29 U.S.C. § 158 (b) (3), by insisting to impasse upon the inclusion of a non-mandatory subject of bargaining in its contract with the employer after agreement had been reached on all other items of bargaining. The Board’s decision is reported at 162 NLRB No. 46 (1966).

Following termination of an existing collective bargaining agreement between them, The Associated General Contractors of America, Eastern Washington Builders Chapter (AGC) and Bricklayers & Masons International Union, Local No. 3 (Union) undertook to negotiate a new contract. The Union proposed a contract that contained a new article reading as follows:

“ARTICLE YI — OTHER EMPLOYERS SECTION 1. The Union agrees that during the life of this Agreement they will not furnish members to any Employers other than those parties to this agreement, under conditions more favorable to such Employers than those herein established.

AGC objected to Section 3; the Union insisted upon it. The sole question…