Service Employees International Union, Local 525 v. National Labor Relations Board

MEMORANDUM *

The NLRB applies for enforcement of its order. Petitioner seeks nonenforcement and remand for further proceedings.

The SEIU’s conduct targeted, not the prospective members, nor the employers of those prospective members, but rather the landlords and tenants of the *359 buildings to which the employers sold janitorial services and at which the prospective members worked for the independent contractors providing the services.

The NLRB concluded that the SEIU violated the NLRA, including sections 8(b)(1)(A), 4(i), and (ii)(B), by numerous acts directed at secondary parties. It carefully analyzed the evidence and SEIU’s arguments that the secondary parties forfeited their neutrality by allying with the employers, and found that “Respondents unlawfully sought to enmesh these neutral individuals and entities” in its dispute with the contractors.

The SEIU does not challenge any of the NLRB’s findings of fact. Rather, its argument is that on the NLRB’s own findings, it should have concluded as a matter of law that the landlords and tenants, and the lawyers representing their association, had thrust themselves into the labor dispute and had become allies of the…