Laborers and Hod Carriers Local No. 341, Affiliated With Laborers' International Union of North America, Afl-Cio v. National Labor Relations Board
Opinion
Opinion
Anderson, J.
I. JURISDICTION
Laborers and Hod Carriers Local No. 341 (the Union) has petitioned for review of an order of the N.L.R.B. (the Board) reported at 223 NLRB No. 143 . The Board has cross-petitioned for enforcement. The Board found that the Union violated Sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act by arbitrarily causing Bannister-Joyce-Leonard (the Employer) to discharge one of its employees. The events occurred in Valdez, Alaska. This court has jurisdiction under 29 U.S.C. § 160 (f), (e).
II. ISSUES
Was there substantial evidence to support the Board’s findings:
1. That Patrick Hurrell was an employee and not a supervisor;
2. That the Union caused Hurrell’s discharge; and
3. That the Union thereby violated sections 8(b)(1)(A) and 8(b)(2)?
III. SUMMARY OF FACTS
On April 2, 1976, Patrick J. Hurrell, the complainant before the Board, was dispatched by Jim Robison, the Union’s field representative, to a job site in Valdez, Alaska, at the request of Bob Morris, the Employer’s yard foreman. Under the bargaining agreement, the Employer had “exclusive responsibility” to designate labor foremen, the job Hurrell was to perform. The Union agrees the dispatch…