National Labor Relations Board v. Retail Clerks Union, Local 1179, Retail Clerks International Association, Afl-Cio

Good Law
47 A.L.R. Fed. 661·526 F.2d 142·90 L.R.R.M. (BNA) 3240·1975 U.S. App. LEXIS 11810
United States Court of Appeals for the Ninth CircuitNovember 24, 197574--2638California2,113 words

Opinion

Opinion

Kennedy, J.

In this case we consider whether a union’s exercise of discipline over certain of its members constitutes an unfair labor practice prohibited by section 8(b)(1)(A) of the National Labor Relations Act, 29 U.S.C. § 158 (b)(1)(A). The Labor Board concluded that it was contrary to national labor policy for the Retail Clerks Union to punish members who failed to observe another union’s unlawful picket line. Thus the union discipline was held not to be a purely internal matter beyond the reach of section 8(b)(1)(A). 211 N.L.R.B. No. 16 (1974). We agree and accordingly grant enforcement of the Board’s order.

In September 1972 the Teamsters Union engaged in picketing Alpha Beta-Acme Markets [Alpha Beta], claiming that Alpha Beta was violating “area standards” of employment in using bak-, ery drivers from Southern California to serve its stores in Contra Costa County. This picketing was sanctioned in advance by the Central Labor Council of Contra Costa County. Retail Clerks Local 1179 was advised by its attorneys that the Teamsters’ picketing appeared to be lawful and that in any case the clerks employed at Alpha Beta had a right to hon- or the picket lines even if they turned…

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