Western Exterminator Company v. National Labor Relations Board, National Labor Relations Board v. Industrial Carpenters Union, Local No. 2565

This case is before us on a Petition for Review and Application for enforcement of a decision of the National Labor Relations Board holding that both the employer and the union committed certain unfair labor practices in connection with the discharge of a particular employee. We grant enforcement as to certain aspects of the Board’s Decision and Order, which are not attacked on appeal. As to the Board’s finding of violations of section 8(a)(3) and section 8(b)(2) of the National Labor Relations Act, however, we deny enforcement.

I

Western Exterminator Company (Western) operates some eighteen separate facilities engaged in the pest control industry. Western’s field employees are divided generally into two main groups, termite control and nuisance pest control. During the period from October 1, 1974 to September 30, 1977, the termite employees in Western’s Oakland branch were covered by a collective bargaining agreement between Western and the Structural Pest Control Division of the Industrial Carpenters Union Local No. 2565 (Union).

On October 26, 1973, Macias, a Union member, applied for employment at Western’s Oakland branch. Macias was interviewed by Hoffman, the senior…