From Casetext: Smarter Legal Research

N.L.R.B. v. Int'l L. W. U. Local No. 8

United States Court of Appeals, Ninth Circuit
Jan 30, 1973
473 F.2d 15 (9th Cir. 1973)

Opinion

No. 71-2898.

January 30, 1973.

Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliot Moore, Stanley R. Zirkin, Attys., N.L.R.B., Washington, D.C., Robert J. Wiener, Director, Sub-Region 36, N.L.R.B., Portland, Or., for petitioner.

Frank Pozzi, Raymond Conboy, of Pozzi, Wilson Atchison, Portland, Or., for respondent.

Lewis K. Scott, of McCulloch, Dezendorf, Spears Lubersky, Portland, Or., for intervenor.

Before KOELSCH and WRIGHT, Circuit Judges, and NEILL, District Judge.

Of the Eastern District of Washington.


The National Labor Relations Board petitions for enforcement of its order finding that International Longshoremen's and Warehousemen's Union Local No. 8 (Local 8) picketed the premises of Waterway Terminals Company (Waterway) with an object of securing recognition, in violation of § 8(b)(7)(A) of the National Labor Relations Act. The Board's decision and order, requiring that Local 8 cease and desist from further picketing, are reported at 193 NLRB No. 65. The underlying dispute between these parties has been before this court in another context. Waterway Terminals Co. v. N.L.R.B., 467 F.2d 1011 (9th Cir. 1972).

The issue before the Board revolved around conflicting versions of what transpired at a meeting between representatives of Local 8 and Waterway on November 2, 1970. Local 8 excepted before the Board and now before us to the credibility resolutions made by the Trial Examiner. We do not disturb credibility resolutions "unless a clear preponderance of all the relevant evidence convinces that they are incorrect." N.L.R.B. v. Luisi Truck Lines, 384 F.2d 842, 846 (9th Cir. 1967). We have carefully examined the record and have found no reason to reverse the credibility findings.

The petition for enforcement is granted.


Summaries of

N.L.R.B. v. Int'l L. W. U. Local No. 8

United States Court of Appeals, Ninth Circuit
Jan 30, 1973
473 F.2d 15 (9th Cir. 1973)
Case details for

N.L.R.B. v. Int'l L. W. U. Local No. 8

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. INTERNATIONAL…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 30, 1973

Citations

473 F.2d 15 (9th Cir. 1973)

Citing Cases

Don Davis Pontiac, Inc. v. N.L.R.B

V. Lastly, the Board relies upon Waiters Bartenders Local 500 (Mission Valley Inn), 140 NLRB 433, 52 LRRM…

N.L.R.B. v. Southern Paper Box Company

NLRB v. Penzel Construction Co., 449 F.2d 148, 149 (8th Cir. 1971). See also NLRB v. International…