National Labor Relations Board v. Local 208, International Brotherhood of Teamsters

Good Law
291 F.2d 374
United States Court of Appeals for the Ninth CircuitJune 14, 1961No. 17010California2,457 words

Opinion

Lead Opinion

Hamlin, J.

This case is before this court on the petition of the National Labor Relations Board for the enforcement of its order issued against respondents on the ground that they committed an unfair labor practice in violation of 29 U.S.C.A. § 158 (b) (2).

*375 It is conceded that respondents picketed Sierra Furniture Company, hereinafter Sierra, commencing on September 24, 1958, and that the picketing continued until February 6, 1959. The sole issues before this court are:

The Board found against respondents on both of these issues, determining that they did not represent a majority of the employees during such picketing and that they did seek to coerce Sierra into executing a union-shop contract.

The record shows that in July of 1958 Local 123, Furniture Workers, Upholsterers and Woodworkers Union, hereinafter 123, was attempting to organize Sierra’s plant. On July 16th Gus O. Brown, 123’s business agent, wrote Sierra claiming that 123 had a majority of the company’s workers and asking for collective bargaining recognition. However, at this time 123 represented only 28 of the 60 Sierra employees. The organizational efforts continued, and by July 21st 33 employees had signed cards for…

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