National Labor Relations Board v. International Association of Bridge, Structural Reinforcing and Ornamental Iron Workers, Local 75, Afl-Cio

The National Labor Relations Board petitions for enforcement of its order published at 232 N.L.R.B. No. 178 (1977), holding that respondent Local 75 committed an unfair labor practice in violation of § 8(b)(1)(A) and (b)(2) of the National Labor Relations Act, 29 U.S.C. § 158 (b)(1)(A) and (b)(2).

Under its collective bargaining agreement with numerous Arizona construction companies (the Arizona Master Labor Agreement, effective from August 1, 1974, through July 31,1977), Local 75 operated an exclusive hiring hall for the placement of employees on construction projects and maintained an out-of-work or priority list of ironworkers for this purpose. The unfair labor practice charge was brought by an ironworker, Richard M. Franko, and asserted a refusal of Local 75 to refer him to a job when he had been requested by name by the employer, Tyler Reinforcing. The main issue before us is whether the refusal to refer Franko was an unfair labor practice.

Del E. Webb Corporation (Webb) was the general contractor on a construction project of Ina Road Water Pollution Control located near Tucson, Arizona, and within Local 75’s jurisdiction. A subcontract on the job was let to Livermore…