National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 501, Afl-Cio

Ninth Circuit

National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 501, Afl-Cio

580 F.2d 359, 99 L.R.R.M. (BNA) 2373, 1978 U.S. App. LEXIS 9567

Court of Appeals for the Ninth Circuit·Decided August 14, 1978·No. 76-2616·Published·Cited by 1 cases

Opinion

PER CURIAM:

International Union of Operating Engineers, Local 501, fined a member $1,000 for crossing a picket line during a strike at a meat-packing plant. Because the member was a supervisor and because the administrative law judge believed the member’s testimony that during the strike he performed only supervisory work, the Board has found the Local guilty of an unfair labor practice under section 8(b)(1)(B) of the Labor Management Relations Act, 29 U.S.C. § 158(b)(1)(B).

The Board’s findings with reference to disputed facts are supported by substantial evidence. Given the finding that the employee performed no rank-and-file work during the strike, but only supervisory work, the Board’s order is consistent with the recent decision in American Broadcasting Companies, Inc. v. Writers Guild of America, West, Inc., et al., -U.S.-, 98 S.Ct. 2423, 57 L.Ed.2d 313 (1978), and must be enforced.

The Board will prepare and submit an appropriate judgment.

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PER CURIAM:

International Union of Operating Engineers, Local 501, fined a member $1,000 for crossing a picket line during a strike at a meat-packing plant. Because the member was a supervisor and because the administrative law judge believed the member’s testimony that during the strike he performed only supervisory work, the Board has found the Local guilty of an unfair labor practice under section 8(b)(1)(B) of the Labor Management Relations Act, 29 U.S.C. § 158(b)(1)(B).

The Board’s findings with reference to disputed facts are supported by substantial evidence. Given the finding that the employee performed no rank-and-file work during the strike, but only supervisory work, the Board’s order is consistent with the recent decision in American Broadcasting Companies, Inc. v. Writers Guild of America, West, Inc., et al., -U.S.-, 98 S.Ct. 2423, 57 L.Ed.2d 313 (1978), and must be enforced.

The Board will prepare and submit an appropriate judgment.

National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 501, Afl-Cio, 580 F.2d 359, 99 L.R.R.M. (BNA) 2373, 1978 U.S. App. LEXIS 9567 (9th Cir. 1978).

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580 F.2d 359 (National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 501, Afl-Cio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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