International Brotherhood of Electrical Workers, Local 387 v. National Labor Relations Board

IBEW Local 387 petitions for review of a decision of the National Labor Relations Board holding that the Arizona Public Service Company did not violate the National Labor Relations Act by disciplining eight employees for participating in a sympathy strike. The Board found the strike prohibited by a broad no-strike provision in the collective bargaining agreement. We reverse and remand for further proceedings.

A collective bargaining relationship has existed between the Arizona Public Service Company and the union since 1945. The collective bargaining agreement involved in these proceedings was effective from April 1, 1982 to April 1, 1984.

Article I, Section 2 of the agreement contains a broad no-strike pledge relating to work stoppages authorized by the union. It recognizes the right of the company to discipline employees engaging in unauthorized work stoppages, subject to the union’s right to invoke the grievance/arbitration procedure contained in Article VII. The no-strike clause does not, on its face, indicate whether it encompasses sympathy strikes, i.e., refusals to cross stranger picket lines. 1

The dispute arose during construction of the Flagstaff City Complex. The…