National Labor Relations Board v. Sheet Metal Workers International Association, Local 104, Afl-Cio

The National Labor Relations Board petitions for enforcement of its order prohibiting Sheet Metal Workers International Association, Local 104, AFL-CIO (the “Union”) from imposing discipline on one of its members, Douglas Henry. The Board held that the Union violated section 8(b)(1)(B) of the Act, 29 U.S.C. § 158 (b)(1)(B), because its discipline had the effect of coercing Henry in his collective bargaining and grievance adjusting activities on behalf of his employer. We deny enforcement of the Board’s order.

BACKGROUND

Douglas Henry was employed as a foreman for Simpson Sheet Metal, Inc., a contractor based in Santa Rosa, California. Simpson sold, installed and serviced heating and cooling systems. Henry’s duties included estimating for bids on new jobs, supervising commercial and residential installations, occasionally dispatching crews, and adjusting employee travel pay errors. Henry did not participate in collective bargaining with the Union or in formal grievance adjustment procedure, both of which functions were left to the company’s president.

Henry was also a long-standing member of the Union, with which Simpson had a collective bargaining agreement. The agreement…