National Labor Relations Board v. International Brotherhood of Electrical Workers, Local Union 357, Harold B. Parish v. National Labor Relations Board

The labor board and the Local 357 arrived at a settlement on an unfair labor practices complaint issued by the board in response to charges filed by Parish, Handley, Woody and Gregory. The four charging parties were “travelers,” electricians who were members of the IBEW locals not at the Nevada AEC test site where Local 357 was in charge.

Much of the relief requested by the charging parties was granted in the settlement. But the charging parties filed objections to the settlement with the regional director and later with the board.

The charging parties wanted a hearing before the board on the settlement and the fairness thereof. This they were denied, and an order, enforcement and review of which is sought here, was entered on the settlement.

Our views on the necessity of such a hearing are in accord with those set down by the Fifth Circuit in Concrete Materials of Georgia, Inc., v. NLRB (5th Cir. 1971), 440 F.2d 61 : “The charging party must be afforded (1) an evidentiary hearing on any material issues of disputed fact presented by his objections, * * * and (2) a presentation on the record of reasons for acceptance of the settlement agreement as the basis for the order…