National Labor Relations Board v. Pacific Erectors, Inc.

The NLRB petitions for enforcement of its order finding that Pacific Erectors, Inc. (the Employer) violated National Labor Relations Act § 8(a)(1), (2), (5), 29 U.S.C. § 158 (a)(1), (2), (5) (1976). The Employer had signed a prehire agreement with the International Association of Bridge, Structural & Ornamental Ironworkers, Local No. 29 (Ironworkers), and subsequently hired a crew of Ironworkers to work on a roofing project. See National Labor Relations Act § 8(f), 29 U.S.C. § 158 (f) (1976). When the work went poorly, the Company laid off three workers, and the remaining seven quit in sympathy. Rather than going to the union for more workers as the collective bargaining agreement required, the Employer signed a new agreement with the Sheet Metal Workers Union and employed its members to finish the job.

The Board found that the Employer violated the National Labor Relations Act by breaching the agreement, refusing to bargain, and making a new agreement with the Sheet Metal Workers Union, and ordered various remedial measures. The Employer argues on appeal that it was not obligated to bargain because the Ironworkers had a voidable prehire agreement. We find that the Ironworkers…