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National Labor Relations Board v. Hod Carriers' and Construction Laborers' Union, Local No. 300, Afl-Cio

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOD CARRIERS’ AND CONSTRUCTION LABORERS’ UNION, LOCAL NO. 300, AFL-CIO, Respondent

Nat'l Labor Relations Bd. v. Hod Carriers' & Constr. Laborers' Union, Local No. 300, Afl-Cio, 392 F.2d 581 (9th Cir. 1968)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 14, 1968
Docket
No. 21837
Judges
Barnes, Hamley, Per Curiam, Stephens
Citations
392 F.2d 58167 L.R.R.M. (BNA) 28791968 U.S. App. LEXIS 7716

Opinion — Per Curiam

PER CURIAM:

The National Labor Relations Board has petitioned this court for enforcement of an order entered against the Hod Carriers’ and Construction Laborers’ Union, Local No. 300, AFL-CIO.

The record provides substantial support for the Board’s conclusion that one Murdock, an official of the respondent union, caused the Desert Pipeline Construction Company to discharge two employees because they had been “disrespectful” to Murdock.

Such conduct is prohibited by section 8(b) (2) of the National Labor Relations Act, 29 U.S.C. § 158 (b) (2) (1964):

“It shall be an unfair labor practice for a labor organization or its agents— “ * * * “(2) to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a) (3) * * * >» Section 8(a) (3) makes it an unfair labor practice for an employer to “encourage * * * membership in any labor organization” by means of “discrimination in regard to hire or tenure of employment or any term or condition of employment * * *.” See, e. g., NLRB v. Carpenters Local 1281, 369 F.2d 684 (9th Cir. 1966); Lummus Co. v. NLRB, 119 U.S.App.D.C. 229 , 339 F.2d 728 , 733-735 (1964); cf. Radio Officers’ Union v. NLRB, 347 U.S. 17, 25-26, 40-42 , 74 S.Ct. 323 , 98 L.Ed. 455 (1954).

Along with other relief, the Board awarded the equivalent of back pay to the two employees involved. -The awards seem accurately computed and reasonably designed to implement the policies of the Act.

We order enforcement.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 21978: 31980: 119752026peak 1978 · 3

Relies on it most ⓘ

  1. National Labor Relations Board v. International Longshoremen's & Warehousemen's Union & Local 27514 F.2d 481 (9th Cir. 1975)
  2. National Labor Relations Board v. Laborers' International Union of North America, Local 300, Afl-Cio, and Alex Cameron613 F.2d 203 (9th Cir. 1980)
  3. National Labor Relations Board v. Vangas, Inc., D/B/A Tahoe Vangas517 F.2d 747 (9th Cir. 1975)
  4. National Labor Relations Board v. International Association of Bridge, Structural Reinforcing and Ornamental Iron Workers, Local 75, Afl-Cio583 F.2d 1094 (9th Cir. 1978)
  5. Fruin-Colnon Corp. v. National Labor Relations Board571 F.2d 1017 (8th Cir. 1978)
  6. Fruin-Colnon Corporation v. National Labor Relations Board, National Labor Relations Board v. Laborers International Union of North America, Afl-Cio, Local 282571 F.2d 1017 (8th Cir. 1978)

Most recent

  1. National Labor Relations Board v. Laborers' International Union of North America, Local 300, Afl-Cio, and Alex Cameron613 F.2d 203 (9th Cir. 1980)
  2. National Labor Relations Board v. International Association of Bridge, Structural Reinforcing and Ornamental Iron Workers, Local 75, Afl-Cio583 F.2d 1094 (9th Cir. 1978)
  3. Fruin-Colnon Corporation v. National Labor Relations Board, National Labor Relations Board v. Laborers International Union of North America, Afl-Cio, Local 282571 F.2d 1017 (8th Cir. 1978)
  4. Fruin-Colnon Corp. v. National Labor Relations Board571 F.2d 1017 (8th Cir. 1978)
  5. National Labor Relations Board v. Vangas, Inc., D/B/A Tahoe Vangas517 F.2d 747 (9th Cir. 1975)
  6. National Labor Relations Board v. International Longshoremen's & Warehousemen's Union & Local 27514 F.2d 481 (9th Cir. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Radio Officers' Union of the Commercial Telegraphers Union v. Nat'l Labor Relations Bd., 347 U.S. 17 (1954) 542
The Lummus Co. v. Nat'l Labor Relations Bd., Nat'l Labor Relations Bd. v. Local 80, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. of the United States & Canada, Afl-Cio, 339 F.2d 728 (D.C. Cir. 1964) 12
Nat'l Labor Relations Bd. v. United Bhd. of Carpenters & Joiners of Am., Local 1281, Afl-Cio, 369 F.2d 684 (9th Cir. 1966) 3

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