National Labor Relations Board v. Kaiser Steel Corporation

The Board seeks enforcement of its order finding that Kaiser Steel committed an unfair labor practice by refusing to let striking employees remove tools from its Napa, California plant. Because we do not consider Kaiser’s conduct “inherently destructive” of important employee rights, we deny enforcement of the Board’s order. FACTS

The facts are undisputed. Kaiser required machinists at its Napa plant to furnish their own tools. Except during strikes, it allowed its employees to remove their tools, and to take them home just before a strjke began.

In July 1980, the craft unions, including the machinists, went out on strike. Hoping to find interim employment, two machinists attempted thereafter to remove their tools from the plant. Kaiser refused to release the tools, but let the men apply preservatives to them.

These employees complained to the machinists union, which filed unfair labor practice charges. The Board issued a complaint charging Kaiser with violating sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and (3).

At a hearing before an Administrative Law Judge, counsel for the NLRB argued that Kaiser’s tool retention policy was…