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

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 14, 1978

Docket76-2616

StatusPublished

Cited by1 cases

This text of 580 F.2d 359 (National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 501, Afl-Cio) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

580 F.2d 359, 99 L.R.R.M. (BNA) 2373, 1978 U.S. App. LEXIS 9567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-international-union-of-operating-ca9-1978.

Opinion

Related

Cite This Page — Counsel Stack