Western Monolithics Concrete Products, Inc. v. National Labor Relations Board

This is a petition to review a decision of the National Labor Relations Board. The petition to review is granted and the order of the Board modified.

I. THE FACTUAL BACKGROUND.

Petitioner Western Monolithics (doing business as California Concrete Systems) manufactures prefabricated masonry fireplaces. Its employees are represented by Local 10 of the Bricklayers’ and Stone Masons’ Union, a sister group to Local 8 of the same union which is here charged with unfair labor practices. California Concrete’s prefabricated fireplaces are manufactured at its plant in Milpitas, California, and delivered to the construction site. After installation they are complete except for construction of facings and hearths which is done by bricklayers at the job site.

Besco, a general contractor, builds single family residences in Alameda County. In April, 1968, it was constructing homes at two projects in Alameda County and had determined that in all of its project- homes it would utilize prefabricated fireplaces. Its architects drew appropriate plans which specified precast fireplaces, to be supplied by California Concrete.

Though Besco employs several hundred persons who are members of other…