Nat'l Labor Relations Bd. v. Int'l Union of Operating Engineers, Local Union No. 501, Afl-Cio, 580 F.2d 359 (9th Cir. 1978). · Go Syfert
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Nat'l Labor Relations Bd. v. Int'l Union of Operating Engineers, Local Union No. 501, Afl-Cio, 580 F.2d 359 (9th Cir. 1978). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: National Labor Relations Board v. International Union of Operating Engineers Local 501, Afl-Cio (ca9, 1986-12-29)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" National Labor Relations Board v. International Union of Operating Engineers Local 501, Afl-Cio
9th Cir. · 1986 · signal: see · confidence high
See NLRB v. International Union of Operating Engineers Local 501, 580 F.2d 359, 360 (9th Cir.1978) (per curiam) (discipline of a supervisor-member performing only supervisory work is an ULP under Section 8(b)(1)(B)).
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NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 501, AFL-CIO, Respondent
76-2616.
Court of Appeals for the Ninth Circuit.
Aug 14, 1978.
580 F.2d 359
1978 U.S. App. LEXIS 9567
Elliott Moore, Deputy Assoc. Gen. Counsel, Washington, D. C., for petitioner., Gerald Goldman, Atty., Los Angeles, Cal., for respondent.
Goodwin, Kennedy, Per Curiam, Williams.
Cited by 1 opinion  |  Published
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.