Nve Constructors, Inc. v. National Labor Relations Board, and Laborers' International Union of North America, Local No. 1184, Intervenor

NYE Constructors petitions for review of a NLRB decision dismissing its complaint against Laborers’ Local Union No. 1184. The Board held that section 8(b)(7)(C) of the National Labor Relations Act was not violated where the union, which was not certified, picketed for less than thirty days to force NVE to enter into a prehire agreement. We deny the petition for review and affirm the Board’s decision.

I

From January 5 to January 14, 1988, Laborers’ International Union of North America, Local No. 1184 (the Union) picketed the construction site where NVE Constructors, Inc. (NVE) was a general contractor on a state prison project. At the gate reserved for NVE employees, the Union displayed picket signs that stated: “NVE, No Contracts, Laborers’ Local 1184, AFL-CIO.” As a result of the picketing, NVE did not receive deliveries of concrete scheduled for January 5-7, 1988.

At the time of the picketing, NVE was not a party to a collective-bargaining agreement with the Union. There were 20 NVE employees at the jobsite, but those employees had not designated the Union as their bargaining representative. According to the Union’s business agent, the purpose of the picketing was “to obtain…