Morrison-Knudsen Co., Inc. v. National Labor Relations Board

418 F.2d 203 72 L.R.R.M. (BNA) 2460 , 6 A.L.R.Fed. 266 MORRISON-KNUDSEN CO., Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 23493. United States Court of Appeals Ninth Circuit. Sept. 10, 1969. Arthur J. Schlanger (argued), Boise, Idaho, for petitioner. Herman Levy (argued), Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, Charles R. Both, Washington, D.C., for respondent. Hugh Hafer and John E. Rinehart, Jr., of Bassett, Donaldson & Hafer, Seattle, Wash., for intervenor. Before CHAMBERS and KOELSCH, Circuit Judges, and POWELL, District judge. * PER CURIAM: 1 Morrison-Knudsen Company was engaged in heavy construction on a bridge over the Snake River. There were 16 pile drivers, members of the Pile Drivers Local Union No. 2382 on the job. At several safety meetings they discussed danger to them from a defective brake on an air tugger used to lift heavy loads over the area where they worked. On January 29, 1968 two of the pile drivers were standing clear of an overhead load of steel that was being raised by the tugger. They were criticized by Project Superintendent Dawson…

Morrison-Knudsen Company was en gaged in heavy construction on a bridge over the Snake River. There were 16 pile drivers, members of the Pile Drivers Local Union No. 2382 on the job. At several safety meetings they discussed danger to them from a defective brake on an air tugger used to lift heavy loads over the area where they worked. On January 29, 1968 two of the pile drivers were standing clear of an overhead load *204 of steel that was being raised by the tugger. They were criticized by Project Superintendent Dawson for not working under the load.

The Union Business Representative called at the job the next day to discuss the members’ grievances. He could not locate Dawson so asked permission of Foreman Clary to hold a brief safety meeting with the pile drivers. Permission was granted with the understanding the men’s pay would be docked for the time spent at the meeting.

The meeting was held and when the men were preparing to return to work Dawson appeared. After a brief discussion he discharged the 16 pile drivers.' They were not rehired.

The N.L.R.B. examiner found the conduct of Morrison-Knudsen was a violation of Section 8(a) (1) of the Act. ( 29 U.S.C. § 158 (a) (1)).…

(concurring specially):

I would remand this case to the Board with direction to require arbitration. Industrial peace if attainable should come through settled policy of arbitration of all disputes such as this. But the law permits the Board to disregard the contract provisions. I agree with the dissent in N.L.R.B. v. Strong, 393 U.S. 357, 364 , 89 S.Ct. 541 , 21 L.Ed.2d 546 (1969).

. C. N. Parkinson, Parkinson’s Law (1957).’