National Labor Relations Board v. Howard Electric Company

The National Labor Relations Board (the Board) petitions for enforcement of its order against Howard Electric Company (Howard) for violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (3). We grant enforcement of the order.

FACTS

The case arises through Howard’s discharge of Rue Stears, Joe M. Dyer, and Marshall Rapp, electricians in its employ in the building of a power plant on the Snake River in Idaho in 1981-1982.

The project had two general contractors —S.J. Groves Co., which held the prime contract for civil and structural work, and Voest-Alpine, which held the contract for furnishing and installing generator equipment. Howard was the electrical subcontractor to Groves and also agreed to furnish electricians to Voest-Alpine’s subcontractor, Eagle Construction Company.

Howard was subject to a collective bargaining agreement between the Eastern Idaho Chapter of the National Electrical Contractors Association and the International Brotherhood of Electrical Workers. The agreement required that on jobs requiring three or more journeymen one would be designated by the employer as a foreman. The agreement also provided that an…