International Association of Bridge, Structural and Ornamental Iron Workers, Local No. 433, Afl-Cio v. National Labor Relations Board

This case is before us on a Petition for Review and Application for Enforcement of a decision of the National Labor Relations Board (Board) holding that a union local had committed certain unfair labor practices in connection with two days of picketing at a common situs construction project. We grant enforcement of the Board’s Decision and Order with respect to the Board’s finding of a violation on the second day of picketing and deny enforcement with respect to the first day.

I

On May 16, 1977, members of the International Association of Bridge, Structural and Ornamental Iron Workers, Local No. 433 (Union) began picketing a construction site where R. F. Erection, a subcontractor, was installing elevator fronts. The construction site, the Pacific Terrace Center, adjoining the Long Beach Marina, is surrounded on all four sides by a chain-link fence. Three gates provide access to the job site. The main gate, on the north side, is used by most of the employees on the project. The office gate, on the west side, provides access to trailers inside the fence which serve as offices for contractors on the project. A third, less used gate, is located on the south side of the project.

On…