National Labor Relations Board v. Western States Regional Council No. 3

Good Law
319 F.2d 655
United States Court of Appeals for the Ninth CircuitJune 19, 1963No. 18181California2,198 words

Opinion

Lead Opinion

Sweigert, J.

This case is before the Court upon a petition of the National Labor Relations Board, pursuant to Sec. 10(e) of the National Labor Relations Act, 29 U. S.C. § 151 et seq., for enforcement of its order issued May 25, 1962, against respondents, International Woodworkers of America, Local 3-101 (hereinafter referred to as the Local) and Western States Regional Council No. 3, International Woodworkers of America, AFL-CIO (hereinafter referred to as the Regional Council) requiring respondents to cease and desist from certain activities found by the Board to be in violation of the secondary boycott provision of the Act, Sec. 8(b) (4) (i) and (ii) (B).

Eclipse Lumber Company, a co-partnership, operates a saw mill at Everett, Washington. It had a contract with Priest Logging Inc., under which Priest logged timber and delivered the logs by truck to the Eclipse saw mill premises. The contract provided that Priest would not be paid for its cutting and hauling services until the logs were so delivered. Eclipse employees customarily unloaded the trucks on arrival and handled the logs either by dumping them into water or by placing them on land in piles. This latter operation is called “cold…

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