Sun-Maid Growers of California, and v. National Labor Relations Board, And

Good Law
618 F.2d 56·104 L.R.R.M. (BNA) 2543·1980 U.S. App. LEXIS 18066
United States Court of Appeals for the Ninth CircuitApril 30, 198078-3636California1,168 words

Opinion

Opinion

Sun-Maid Growers of California (Sun-Maid) petitioned this Court to review and set aside an order of the National Labor Relations Board (Board). The Board cross-petitioned for enforcement of its order.

In 1963, Sun-Maid built a raisin processing plant in Kingsburg, California. Sun-Maid arranged to have its three permanent maintenance electricians placed on the payroll of Electric Motor Shop, for which Sun-Maid agreed to pay Electric Motor Shop cost plus ten per cent. The electricians were members of the International Brotherhood of Electrical Workers (IBEW).

In June 1976, when the IBEW struck Electric Motor Shop, Sun-Maid’s electricians went on strike. Sun-Maid then transferred its electrical maintenance contract to Glen Bedgood, an electrical subcontractor who had signed an interim agreement with the IBEW. Bedgood hired the same three maintenance electricians, and for their services Sun-Maid paid Bedgood cost plus ten per cent.

When the strike ended, these electricians were transferred to the payroll of Bed-good’s company, Control Electric, Inc. (Control), but Control did not supervise them. Bedgood rarely visited the plant and never assigned work. Sun-Maid officials delivered…

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