Graham
National Labor Relations Board v. Graham
Opinion
Lead Opinion
Healy, J.
This matter is before us on petition for the enforcement of an order of the National Labor Relations Board.
Respondents operated a ship-repair yard at Oakland, California. This yard had been built early in 1943 by a concern referred to in the record as Judson. When Judson commenced operations it signed with Bay Cities Metal Trades Council (hereinafter referred to as the Council) a master contract which had been in force since 1940 between the Council and the ship-repair yards in the area. Under the closed shop provisions of this contract Jud-sou secured all its craftsmen, except machinists, through the Council. At the same time Judson signed the standard ship-repair agreement with Local 1304 of the East Bay Union of Machinists (herein called the Union), which agreement had been in effect for several years between the Union and the repair yards in the area, covering machinists only. In compliance with the closed shop provisions of the latter agreement Judson obtained all its machinists through the Union.
Late in 1944 Judson disposed of the yard to another who in turn shortly leased it to respondents. Although respondents did not assume the agreements which Judson had with the…