National Labor Relations Board v. International Union of Operating Engineers Local 501, Afl-Cio

The NLRB petitions for enforcement of its order that the International Union of Operating Engineers Local 501 (“Union”), violated Section 8(b)(1)(B) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158 (b)(1)(B) (1982), by fining one supervisor-member and expelling two others as discipline for continuing to perform théir usual supervisory duties during a lock-out. The Union contends that the supervisor-members were doing bargaining unit work, that expulsion of members does not violate Section 8(b)(1)(B) because it does not affect the employer in its selection of collective bargaining representatives, and that an order of reinstatement violates the Union membership’s first amendment right of association.

BACKGROUND

The MGM Grand Hotel, Inc. employed approximately 42 operating engineers in its Las Vegas hotel and casino to maintain and operate hotel equipment, including air conditioning, heating, boiler room, electrical and refrigeration equipment. The operating engineers were represented by the International Union of Operating Engineers Local 501.

The collective bargaining agreement between MGM and the Union expired on April 1, 1983. MGM locked out the engineers from…