Holding that union employees' refusal to install third-party manufacturer's product was not prohibited under ยง 158(b)(B), because it was an action "pressuring the [union members'] employer for agreements regulating relations between [the employer] and his own employees"
341 U.S. 675 (1951) Cited 494 times 1 Legal Analyses
Affirming Board's assertion of jurisdiction over activities taking place at local construction site based on finding that "any widespread application of the practices charged might well result in substantially decreasing" the flow of interstate commerce
Stating that section 8(b) prohibits labor unions from engaging in "secondary boycotting" by "exert[ing] pressure on an employer not involved in the relevant labor dispute ('the secondary employer') in order to obtain a favorable result in the ongoing labor dispute with another employer ('the primary employer')"
In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.
In N.L.R.B. v. Indiana Michigan Electric Co., 318 U.S. 9, at page 28, 63 S.Ct. 394, at page 405, 87 L.Ed. 579, the Supreme Court stated the general fundamental principles with respect to findings of fact by the Board, saying that the reviewing court is given discretion to see that before a party's rights are foreclosed his case has been fairly heard, and "Findings cannot be said to have been fairly reached unless material evidence which might impeach, as well as that which will support, its findings, is heard and weighed."
In National Labor Relations Bd. v. Business Mach. etc., CIO (228 F.2d 553) the Circuit Court of Appeals for this circuit declared (p. 559) that "The only thing proscribed by ยง 8(b)(4) is inducement or encouragement of the employees of the customers".