National Labor Relations Board v. International Association of Bridge, Structural and Ornamental Iron Workers, Local 433

The National Labor Relations Board petitions for enforcement of its order against the respondent International Association of Bridge, Structural and Ornamental Iron Workers, Local 433. The order directs that the Union cease and desist from operating its exclusive hiring hall in disregard of its collective bargaining agreement and from engaging in threats and acts of violence against employees who protest against the manner in which the hall is run. It also directs that the Union “make whole” those persons who were unlawfully refused dispatch. The Union, raising mostly procedural objections, argues against enforcement. We order enforcement.

After Waldo F. Kurstens, an individual, charged that the Union was engaging in unfair labor practices, the Board issued a complaint against the Union alleging that the hiring hall practices of the Union violated §§ 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act, 29 U.S.C. §§ 158 (b)(1)(A) and 158(b)(2) (1970). The complaint was heard before an administrative law judge (ALJ), whose findings of fact are virtually undisputed by the Union. We summarize these findings as follows.

The Union has collective bargaining agreements with a…