National Labor Relations Board v. International Brotherhood of Electrical Workers, Local No. 73

AMENDED OPINION

The National Labor Relations Board petitions for enforcement of its order holding the International Brotherhood of Electrical Workers, Local No. 73, in violation of Section 8(b)(1)(B) of the National Labor Relations Act, 29 U.S.C. § 158 (b)(1)(B). IBEW disciplined one of its members for violating a union bylaw that prohibited union members from working for nonunion employers. Because the union member who was disciplined was the grievance arbiter for Chewelah Contractors, Inc., the Board held that IBEW’s action violated Section 8(b)(1)(B) even though IBEW did not represent Chewelah’s employees. We deny enforcement of the order.

Prior to May, 1976, William Anderson was an employee of Electric Smith, Inc. and was a member of IBEW, the bargaining representative of Electric Smith’s employees. Robert LeCount was the corporate vice-president of Electric Smith. In February, 1976, Anderson and LeCount formed Chewelah Contractors, Inc. Both Anderson and LeCount made substantial unsecured loans to Chewelah. In May, 1976, Anderson terminated _ his employment with Electric Smith and began working for Chewelah as a vice-president. Thereafter, he became a member of Chewelah’s…