National Labor Relations Board v. United Brotherhood of Carpenters and Joiners of America, Local 745, Afl-Cio

This case is before the court upon the application of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act as amended ( 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C. § 151 et seq.) for enforcement of its order against the Union to cease and desist from picketing the Company’s project for an organizational or reeogni-tional object, and to post appropriate notices.

The Board found that in 1968 the Union, which was not the certified representative of the company’s employees, picketed the Company’s Lunalilo project site for more than 30 days with an organizational or recognitional object and without the filing of an election petition under Section 9(c) of the Act, and thus violating Section 8(b) (7) (C) of the Act.

The function of this court is to determine whether the Board’s findings are supported by substantial evidence on the record considered as a whole. Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 .

Respondent Union contends there is not substantial evidence in support of the Board’s findings. In particular, the Union protests that evidence of an event which occurred some eight…