National Labor Relations Board v. General Truck Drivers, Warehousemen, Helpers & Automotive Employees of Contra Costa County, Local No. 315

Good Law
20 F.3d 1017
United States Court of Appeals for the Ninth CircuitApril 1, 1994No. 92-70417California4,676 words

Opinion

Lead Opinion

Garth, J.

The National Labor Relations Board (“Board”) petitions for enforcement of its order against General Truck Drivers, Ware-housemen, Helpers and Automotive Employees of Contra Costa County, Local No. 315, affiliated with International Brotherhood of Teamsters, AFL-CIO (“Union”). The Atchison, Topeka & Santa Fe Railway Company (“Santa Fe”) intervened in support of the Board.

In its cross-petition for review, the Union contends that the Board erred in holding that the Union violated the secondary picketing proscriptions of sections 8(b)(4)(i) and (ii)(B) of the National Labor Relations Act (“Act”), 29 U.S.C. §§ 158 (b)(4)(i) and (ii)(B),' by engaging in common situs picketing and hand-billing activities conducted with the object of enmeshing Santa Fe and other neutral employers in the Union’s dispute with the primary employer.

We find that the Board applied the proper standard for assessing the Union activity, and that substantial evidence supports the Board’s findings that the Union violated the secondary picketing provisions of the Act.We, therefore, will enforce the order of the Board, and deny the Union’s cross-petition for review.

*1020 I.

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