National Labor Relations Board v. Carpenters Local No. 2133, United Brotherhood of Carpenters of America

The National Labor Relations Board petitions for enforcement of its order requiring Carpenters Local No. 2133 (Union) to cease and desist recognitional picketing at the site where the employer, Leonard V. Ryan, was constructing a motel. Such picketing, the Board found, violated section 8(b) (7) (C) of the National Labor Relations Act (Act), 73 Stat. 544 (1959), 29 U.S.C. § 158 (b) (7) (C) (1964). Respondent Union opposes enforcement on the grounds that the Board improperly exercised jurisdiction, and that its finding of a violation of section 8(b) (7) (C) is not supported by substantial evidence.

Ryan is a Salem, Oregon residential builder who also owns all the stock and manages and controls Swept Wing Motel, Inc., in Albany, Oregon. In the construction and furnishing of the thirty-four units of this motel Ryan purchased $54,788.91 worth of materials which were shipped into Oregon from out-of-state sources. The Board held, in effect, that Ryan’s operations as builder and fur-nisher of the motel in connection with which the indicated out-of-state materials were purchased, satisfied the Board’s self-imposed and discretionary jurisdictional standard for non-retail establishments.…