General Truck Drivers v. National Labor Relations Board

This is another union unfair labor practice case, companion to Nos. 26337 and 26451 decided today, 410 F.2d 1344, brought before the Court on the petition of the Union to review and on cross-application of the Board to enforce its order.1 Briefly, the Board found that the Union violated Section 8(b)(7) (b) and 8(b)(4)(i)(ii)(C) of the Act by picketing Union Tank Car Company within twelve months after a valid Board election and after the certification of another union, with an object of forcing the Company to recognize or bargain with the Union as the representative of the Company's employees.2 The Union does not deny that the picketing had a recognitional or bargaining object within the meaning of the statute, but argues that it was not responsible for the picket line and the action of Emile Verbois,3 assistant business agent for the Union and formerly shop steward at the Company plant. We are convinced that substantial evidence in the record as a whole supports the Board's findings that the Union, by virtue of the conduct of Verbois and others acting in its behalf, was responsible for the picket line in violation of the Act, Universal Camera Corp. v. NLRB, 1951, 340 U.S. 474, 71 S. Ct. 456, 95 L. Ed. 456;4 and we therefore enforce the Board's order.