National Labor Relations Board v. Associated General Contractors of California, and Building Industry Association of California

The NLRB has petitioned for enforcement of its order declaring a construction industry collective bargaining agreement unenforceable to the extent that a subcontracting provision may be enforced by eco nomic sanctions. We find that the issues in this case were resolved by the decisions in Pacific Northwest Chapter of the Associated Builders & Contractors v. National Labor Relations Board, 654 F.2d 1301 (9th Cir.1981) (en banc) (Pacific Northwest), modified sub nom. Woelke & Romero Framing, Inc. v. National Labor Relations Board, 456 U.S. 645 , 102 S.Ct. 2071 , 72 L.Ed.2d 398 (1982) (Woelke), and Griffith Co. v. National Labor Relations Board, 660 F.2d 406 (9th Cir.1981), cert. denied, 457 U.S. 1105 , 102 S.Ct. 2903 , 73 L.Ed.2d 1313 (1982) (Griffith ). Accordingly, we enforce the order of the Board.

FACTS

Coast Construction Company (Coast), through its membership in an employer association, was a party to the Master Labor Agreement for 1974-77 (MLA), a collective bargaining agreement with various building and construction unions. The MLA contained a “subcontracting provision,” which forbade the employers from assigning job-site work covered by the MLA to any subcontractor that…