Nelson ex rel. National Labor Relations Board v. Plumbers & Pipefitters Local No. 32

We must decide whether an outside union may continue picketing once an employer has agreed to end its support of a “sweetheart” union.

I

Robert E. Bayley Construction, Inc. (“Bay-ley”), the general contractor for a project at Pier 69 in Seattle, had hired eight subcontractors on the site, including Olympic Plumbing and Heating (“Olympic”), a nonunion mechanical contractor. Plumbers and Pipefitters Local No. 32 (“the Union”) represents tradespeople in the Seattle area.

On March 10, 1992, the Union began picketing the Pier 69 site with signs stating, in substance, “Olympic Does Not Have a Contract with Local 32.” Subsequently, on March 22, 1992, Olympic entered an agreement with the “Independent Union of Plumbers and Pipefitters” (“IUPP”). Shortly thereafter, in late March, Olympic voluntarily withdrew recognition when advised by the Regional Director of the National Labor Relations Board (“the Board” or “the NLRB”) that recognition of the IUPP violated section 8(a)(2) of the National Labor Relations Act (“the NLRA” or' “the Act”), 29 U.S.C. § 158 (a)(2).

Nevertheless, on April 29, 1992, the Union charged Olympic with violating section 8(a)(2) of the Act by forcing its…