Oil, Chemical and Atomic Workers International Union, Local 1-547 v. National Labor Relations Board, Chevron, Usa, Respondent-Intervenor

This case involves the interpretation of a no-strike clause in a collective bargaining agreement, and its application to a sympathy strike. Chevron U.S.A., Inc. (“Chevron”) suspended members of the Oil, Chemical and Atomic Workers International Union, Local 1-547 (“the Union” or “Local 1-547”) for one day when they engaged in a sympathy strike. The Union filed an unfair labor practice complaint with the National Labor Relations Board (“NLRB” or “the Board”), alleging violations of sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 158 (a)(1) and 158(a)(3) (1982). The Union petitions for review of the NLRB’s dismissal of its complaint.

I.

On January 28, 1980, approximately 240 Local 1-547 members refused to cross a picket line at the Chevron plant where they were employed. The picket line was formed by another Union local from the Chevron plant. Chevron suspended the Local 1-547 members for one day, claiming they had violated the no-strike clause included in their collective bargaining agreement. Article XXI of the agreement provided:

This clause was in the collective bargaining agreement between the Union and Chevron since at least 1959. In…