National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 1547, Afl-Cio

The Board petitions for enforcement of its order finding Local 1547 in violation of section 8(b)(1)(B) of the NLRA, 29 U.S.C. § 158 (b)(1)(B).

Section 8(b)(1)(B) makes it an unfair labor practice for a union or its agents “to restrain or coerce ... an employer in the *1436 selection of his representatives for the purposes of collective bargaining or the adjustment of grievances.” To establish a section 8(b)(1)(B) violation, all of the following must be shown: (A) that the union was seeking to unionize the employer’s employees; (B) that the supervisor was engaged in section 8(b)(1)(B) activities; and (C) that the union discipline adversely affected the supervisor in the performance of his section 8(b)(1)(B) duties. See NLRB v. IBEW, Local 340, 481 U.S. 573, 585-89 , 107 S.Ct. 2002, 2010-12 , 95 L.Ed.2d 557 (1987); NLRB v. IBEW, Local 77, 895 F.2d 1570, 1573 (9th Cir.1990).

A. Substantial evidence supports the NLRB’s finding that Local 1547 was seeking to unionize Veco’s workers. First, two union representatives visited Elliott at the Veco job site. Union business agent Jim Morgan asked Elliott for a list of the employees at the job site and for permission to speak to those…

dissenting:

I respectfully dissent because the facts in this case are insufficient to establish a § 8(b)(1)(B) violation.

I

Veco, Inc. is engaged in the oil field construction and maintenance business. In August 1985, Local 1547 authorized three of Veco’s employees, including Randal Prater, to organize the employees of Veco on behalf of the union. The three employees were laid off at the end of August, allegedly because of their organizing activity. In April 1986, Local 1547 again authorized Prater to attempt to organize Veco’s employees. Prater did not secure re-employment with Veco until early June, at which time the union granted him permission to work for Veco without continuing his organizing efforts, apparently because of the scarcity of work in the region. Between June 1986 and April 1987, the union did not engage in any organizing efforts directed at Veco. Sometime in April 1987, however, Local 1547 began a formal organizing campaign.

Veco employed William O. Elliott as a job superintendent at its site in Prudoe Bay, Alaska from February to April 1986. Elliott had authority to hire, discharge, and discipline employees and acted as Veco’s representative in adjusting…

971 F.2d 1435 141 L.R.R.M. (BNA) 2120 , 122 Lab.Cas. P 10,316 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1547, AFL-CIO, Respondent. No. 91-70120. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 1992. Decided Aug. 11, 1992. Peter Winkler, N.L.R.B., Washington, D.C., for petitioner. Helene M. Antel, Gen. Counsel, IBEW Local Union 1547, Anchorage, Alaska, for respondent. Petition for Enforcement of an order of the National Labor Relations Board. Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges. PER CURIAM. 1 The Board petitions for enforcement of its order finding Local 1547 in violation of section 8(b)(1)(B) of the NLRA, 29 U.S.C. § 158 (b)(1)(B). 2 Section 8(b)(1)(B) makes it an unfair labor practice for a union or its agents "to restrain or coerce ... an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances." To establish a section 8(b)(1)(B) violation, all of the following must be shown: (A) that the union was seeking to unionize the employer's employees; (B) that the supervisor was engaged in section 8(b)(1)(B)…