National Labor Relations Board v. Silver Bay Local Union No. 962, International Brotherhood of Pulp, Sulphite& Paper Mill Workers, Afl-Cio

The National Labor Relations Board petitions to enforce its order finding that the respondent union violated § 8(b)(1)(B) of the National Labor Rela tions Act [ 29 U.S.C. § 158 (b)(1)(B)]. The Board ordered the union to cease and desist from its unlawful conduct, to post appropriate notices, and to payback pay to a supervisor terminated as a result of the union’s conduct.

We are concerned with two issues on appeal: (1) whether substantial evidence on the record as a whole supports the Board’s finding that the union violated § 8(b)(1)(B) by using the threat of a strike to restrain or coerce an employer in the selection of its “representrative for the purposes of collective bargaining or the adjustment of grievances” ; and (2) whether the NLRA authorizes an order awarding back pay to a supervisor for a purpose other than to protect the rights of employees. We remand on the issue of back pay but order enforcement of the remainder of the order.

I

The dispute arose in the plant of the Alaska Lumber & Pulp Co. at Sitka, Alaska, the employer of more than 200 men. Earl Niesen had been a member of the company’s general work force and the respondent union for more than six…