Morrison-Knudsen, Inc. v. National Labor Relations Board

In this case the National Labor Relations Board, after hearing on a complaint, found the petitioning employers guilty of an unfair labor practice and issued an order granting specific relief and prohibiting certain practices. The employers seek to set aside the order; the Board seeks enforcement.

The employers were engaged in the construction of a power house on the Kings River, approximately sixty miles east of Fresno, California. They had entered into informal arrangements with various union local representatives in Fresno whereby the unions supplied much of the manpower needed at the construction project. The lawfulness and propriety of this arrangement was recognized by the Board. However, the complaint alleged that the employers had refused to hire a certain job applicant solely because he had been denied “clearance” by the union which had been supplying workers for the kind of job which he sought. It is undisputed that such conduct constitutes a violation of section 8(a) (1) and (3) of the National Labor Relations Act 1 in that it interferes with the right of employees to refrain from performing union obligations and encourages union membership.

The Board adopted the…