National Labor Relations Board v. Northern California District Council of Hod Carriers & Common Laborers of America

The National Labor Relations Board petitions this court pursuant to section 10 (e) of the National Labor Relations Act ( 29 U.S.C. § 160 (e)) for enforcement of its order issued on September 21, 1965 (reported at 154 N.L.R.B. 1384 ), against respondents Northern California District Council of Hod Carriers and Common Laborers of America, AFL-CIO, and Construction and General Laborers Union Local No. 185, AFL-CIO. The Board found that respondent Union had violated sections 8(b) (4) (i) and (ii) (B) of the Act, and ordered respondent to cease and desist from these unfair labor practices and to post appropriate notices.

The dispute here involved took place at the construction site of a multi-million dollar residential complex at Rocklin, California. Sunset International Petroleum Corporation (Sunset) is the general contractor, but as such had no employees working directly for them. Sunset had entered into a contract with respondent in which it had agreed to hire only unionized sub-contractors (a valid agreement under the proviso to section 8(e) of the Act). Sunset did, however, engage Joseph Mohamed (doing business as Joseph’s Landscaping Service), a nonunion sub-contractor, to do…