National Labor Relations Board v. United Ass'n of Journeymen & Apprentices of Plumbing & Pipe Fitting Industry of United States & Canada

The National Labor Relations Board petitions for enforcement of its order directing respondent union to cease and desist violating sections 8(b) (1) (A) and 8(b) (2) of the National Labor Relations Act ( 29 U.S.C. §§ 158 (b) (1) (A), 158(b) (2)) and to take certain affirmative action. The Board’s opinion and order are reported at 161 N.L.R.B. 1351 (1966). Only two substantial issues are before us: an asserted variance between the Board’s complaint and its findings, and the scope of the Board’s order.

The substantive allegations of the amended complaint were as follows:

The trial examiner made findings perfectly in accord with paragraph VII. But his finding concerning the discharge was that “Kovack caused the replacement of Eggert on October 18 because he was antagonized by Eggert’s action in abruptly terminating their conversation on the evening of September 27 when he hung up the phone following Kovack’s threat to remove him from the job and by the failure of Eggert and Riemer to deposit their travel cards in the manner and at the time Kovack demanded.” (161 N.L.R.B. at 1355.) Respondent argues that these findings are at variance with the allegations of the complaint, causing a…