National Labor Relations Board v. United Ass'n of Journeymen & Apprentices of Plumbing & Pipe Fitting Industry of United States & Canada

This case is before this Court upon petition of the National Labor Relations Board, pursuant to Section 10(c) of the National Labor Relations Act, as amended ( 61 Stat. 136 , as amended by 72 Stat. 945 , 29 U.S.C.A. § 151 et seq.), charging the respondents with unfair labor practice.

The cease and desist order, which the Board seeks us to enforce, in relevant part reads as follows:

Pursuant to Section 10(e) of the Act, this Court has jurisdiction as the unfair labor practice occurred at Winslow, Arizona.

The Board found that respondent Unions induced and encouraged employees of William D. Thomas, a general contractor, to engage in a strike with an object of forcing Thomas to cease doing business with Howard C. Johnson, his plumbing subcontractor, and thereby violated Sec. 8(b) (4) (A).

The Unions resist the enforcement of the Order on two grounds: First, that the decision of the Board is not supported by substantial evidence; and, second, that the Amended Order of the Board is too broad in scope.

We will first consider the Unions’ contention that the decision of the Board is not supported by substantial evidence. On or about September 8, 1959, Thomas, as general contractor,…