National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 952

The National Labor Relations Board (the Board) invokes our jurisdiction under Section 10(e) of the National Labor Relations Act (the Act), 29 U.S.C. § 160 (e), and petitions for enforcement of its order finding the International Brotherhood of Electrical Workers, Local 952 (the Union) in violation of Sections 8(b)(1)(A) and 8(b)(2) of the Act, 29 U.S.C. §§ 158 (b)(1)(A) and 158(b)(2), respectively. The Union imposed a substantial monetary fine upon one of its members, who was also an employer, for working alongside nonunion employees because it deemed such conduct to be in violation of the Union’s constitution. The Board found the Union’s conduct to be unfair labor practices under the Act. We grant the petition for enforcement.

FACTS

The facts are undisputed. From 1970 through October 1982, Donald Horton was a member of the International Brotherhood of Electrical Workers, Local 349 in Miami, Florida. Horton never became a member of Local 952, respondent in this case.

Prom 1978 until August 1982, Horton was a partner in Tri-Bar Electric, an electrical contracting firm in Ventura, California. In August 1982, Horton became the owner and sole proprietor of the firm. During the…