National Labor Relations Board v. Glaziers and Glassworkers Local Union No. 1621, A/w International Brotherhood of Painters and Allied Trades

We are asked to consider whether a union violates section 8(b)(1)(A) of the National Labor Relations Act (Act), 29 U.S.C. § 158 (b)(1)(A), when it disciplines its members who work for a neutral employer at a construction site. Finding that the National Labor Relations Board (Board) reasonably determined that the union’s disciplinary action was contrary to national labor policy, and hence was not a purely internal matter beyond the reach of section 8(b)(1)(A), we enforce the Board’s order.

I

This case arises from a 1977 labor dispute between Local 316 of the United Brotherhood of Carpenters and Joiners of America (Carpenters) and R. D. Martin & Sons (Martin). Martin was the general contractor in the construction of a roller skating rink in San Jose, California. The disciplined employees, Ginestra and Bentley, worked for Alameda Glass and Mirror Company (Alameda), one of the subcontractors on the project. The dispute between Martin and Carpenters led to a strike and picketing at the construction site on March 11 and 12 and on March 14 through 30. Both the strike and the picketing were sanctioned by three area Building and Construction Trades Councils of the AFL-CIO.

Martin…