National Labor Relations Board v. Musicians Union, Afm Local 6, Affiliated With the American Federation of Musicians

OVERVIEW

The National Labor Relations Board (“NLRB”) petitions the court for enforcement of an order issued against Musicians Union, AFM Local 6, affiliated with the American Federation of Musicians (“the Union”). The NLRB found that the Union picketed Don Lewis, a self-employed musician, with the object of forcing him to join the Union in violation of section 8(b)(4)(ii)(A) of the National Labor Relations Act (“the Act”). We have jurisdiction pursuant to 29 U.S.C. § 160 (e), and we affirm.

FACTS AND PROCEEDINGS BELOW

Don Lewis is a musician who sings and plays computer-enhanced keyboard instruments. He is self-employed and does not employ or play with any other musicians. Lewis is also a member of the National Association of Orchestra Leaders, a trade organization representing orchestra leaders, band leaders, and self-employed musicians.

Jack Krouscup, a bandleader and subcontractor for the Hyatt Regency hotel in Oakland, California, booked Lewis to perform at the hotel on various dates in 1984. On December 18, 1984, the Union’s attorney sent a letter to the attorney for the Hyatt stating that the Union intended “to ask the public in the form of informational picketing not to…