National Labor Relations Board v. Sequoia District Council of Carpenters, Etc.

Ninth Circuit

National Labor Relations Board v. Sequoia District Council of Carpenters, Etc.

499 F.2d 129

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 7, 1974

Docket73-3365

StatusPublished

Cited by5 cases

This text of 499 F.2d 129 (National Labor Relations Board v. Sequoia District Council of Carpenters, Etc.) 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.

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National Labor Relations Board v. Sequoia District Council of Carpenters, Etc., 499 F.2d 129 (9th Cir. 1974).

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Opinion

PER CURIAM:

This is an application of the National Labor Relations Board (“Board”) for enforcement of its order against Sequoia District Council of Carpenters, AFL-CIO (“the Union”). The Board’s decision and order are reported at 206 N.L. R.B. No. 8 (1973).

Based on our review of the record as a whole, the Board’s finding that the Union engaged in an unfair labor practice in violation of § 8(b)(4) of the National Labor Relations Act, as amended (29 U.S.C. § 158(b)(4)), is supported by substantial evidence.

The Board may properly enter a broad order such as this one here if a Union has demonstrated a “proclivity” to violate the secondary boycott provisions of the Act. N. L. R. B. v. Brotherhood of Teamsters, Local No. 70, 490 F.2d 87, 88 (9th Cir. 1973); N. L. R. B. v. Local 85, International Brotherhood of Teamsters, 454 F.2d 875, 879 (9th Cir. 1972). The record shows that this respondent has a history of similar violations, including one fully litigated decision (186 N. L. R. B. 432 (1970), enforced by this court in an unreported decision filed January 10, 1972), and settlement stipulations in two separate cases (Nos. 20-CC-1143, 1273). The prior settlement stipulations may be treated as equivalent to fully adjudicated decisions of the Board enforced by this court, in accordance with the terms of the stipulations.

The Board’s order will be enforced.

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PER CURIAM:

This is an application of the National Labor Relations Board (“Board”) for enforcement of its order against Sequoia District Council of Carpenters, AFL-CIO (“the Union”). The Board’s decision and order are reported at 206 N.L. R.B. No. 8 (1973).

Based on our review of the record as a whole, the Board’s finding that the Union engaged in an unfair labor practice in violation of § 8(b)(4) of the National Labor Relations Act, as amended (29 U.S.C. § 158(b)(4)), is supported by substantial evidence.

The Board may properly enter a broad order such as this one here if a Union has demonstrated a “proclivity” to violate the secondary boycott provisions of the Act. N. L. R. B. v. Brotherhood of Teamsters, Local No. 70, 490 F.2d 87, 88 (9th Cir. 1973); N. L. R. B. v. Local 85, International Brotherhood of Teamsters, 454 F.2d 875, 879 (9th Cir. 1972). The record shows that this respondent has a history of similar violations, including one fully litigated decision (186 N. L. R. B. 432 (1970), enforced by this court in an unreported decision filed January 10, 1972), and settlement stipulations in two separate cases (Nos. 20-CC-1143, 1273). The prior settlement stipulations may be treated as equivalent to fully adjudicated decisions of the Board enforced by this court, in accordance with the terms of the stipulations.

The Board’s order will be enforced.

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499 F.2d 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-sequoia-district-council-of-carpenters-ca9-1974.

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