National Labor Relations Board v. Cen-Vi-Ro Pipe Corporation
Opinion
Opinion
Duniway, J.
The National Labor Relations Board petitions for enforcement of its order ( 180 NLRB 69 ), issued against Cen-Vi-Ro Pipe Corporation, Northern California District Council of Laborers, and Construction and General Laborers Union Local No. 73, AFL-CIO. The Board concluded that the Company and the Union had violated Sections 8(a) (3), (2) and (1), and 8(b) (2) and (1) (A) of the National Labor Relations Act, as amended, 29 U.S.C. § 158 (a) and (b) respectively, by entering into and carrying out a collective bargaining agreement which contains a union security clause, when the Union did not represent an un-coerced majority of the Company’s employees. The Board also found violations of Sections 8(a) (3) and (1) and 8(b) (2) and (1) (A) in the Company’s discharging five employees at the request of the Union because of their failure to comply with the union security clause. We grant enforcement of the Board’s order.
The Company manufactured steel pipe and concrete pipe and fittings at a plant at Lockeford, California, from 1961 to 1964. During that time, the Company and the Union executed collective bargaining agreements covering plant employees, the 1964 agreement providing that it…