National Labor Relations Board v. Finishline Industries, Inc., Formerly B-Y Manufacturing, Inc.

The National Labor Relations Board seeks enforcement of its orders, 166 NLRB 838 and 181 NLRB 118 , against respondent Finishline Industries, Inc. The Board found that respondent had violated 29 U.S.C. § 158 (a) (1) and (2) by bargaining and contracting with one union (Carpenters) while its employees were represented by another union (Sheet Metal Workers, Local 108) and had violated 29 U.S.C. § 158 (a) (5) by refusing to abide by a contract entered into on January 11, 1966 with Local 108. The Board’s order required respondent to cease its unfair labor practices, to recognize Local 108 as the exclusive bargaining agent of the employees in question, and to “make whole employees for any losses suffered by reason of [respondent's] failure to honor the [January 11] agreement.” In a supplemental proceeding, the Board ordered back pay to certain employees. We deny the Board’s application for enforcement insofar as its decision rests on the validity of the January 11 agreement; in other respects, we enforce.

1. The contract with the Carpenters Union.

Respondent manufactures and installs overhead doors. In March 1965 and thereafter, its employees were represented by Sheet Metal Workers…