Construction, Production & Maintenance Laborers Union, Local 383, AFI-CIO v. National Labor Relations Board

This consolidated case is before us on petitions for review of an order of the National Labor Relations Board, issued July 26, 1962, and reported at 137 NLRB No. 149 . Proceedings were initiated by a charge filed against the union petitioners by Independent Contractors Association representing the affected employer, Colson and Stevens Construction Company of Phoenix, Arizona. The Board order was entered against the union petitioners, determining that they had violated the National Labor Relations Act by engaging in unlawful picketing and ordering them to cease and desist therefrom. The unions seek reversal of the order and dismissal of the proceedings. The order also dismissed the complaint as to certain alleged violations, and as to this portion of the order the Association, as petitioner, seeks reversal.

The picketing occurred at job sites in Phoenix at which Colson and Stevens was engaged in construction work as general contractor. The purpose of the picketing was to secure a collective-bargaining agreement with Colson and Stevens, which proposed agreement contained the following clause:

During the picketing, and at each site picketed, Colson and Stevens had existing…