Kennedy v. Los Angeles Joint Executive Board of Hotel & Restaurant Employees & Bartenders Unions

On December 28, 1960, Bernard H. Tohl, doing business as The Islander, filed a charge against the respondent Union charging violation of Section 8(b) (7) (B) of the Labor Management Relations Act, as amended 29 U.S.C.A. § 158 (b) (7) (B). The gist of the charge is stated in this manner:

On January 27, 1961, the Regional Director of the Twenty-first Region of the National Labor Relations Board, for and on behalf of the Board, filed a petition for injunction under Section 10(i) of the Act. 29 U.S.C.A. § 160 (1). After an order to show cause was issued the matter was heard by the undersigned upon the answer of the respondents filed February 7, 1961.

Under the Act the remedy sought in the courts is temporary in nature because it is effective only until the Board, in adversary proceedings before it, determines the correctness or incorrectness of the charges. For this reason the question before the court, in a proceeding of this character, is not the existence or nonexistence of the practices contained in the charges before the Board, but whether in instituting this proceeding the Director “has reasonable cause to believe such charge is true”. 29 U.S.C. A. § 160(0-

The courts have…