TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

176 Twenty-sixth Annual Report of the National Labor Relations Board
the employees mduced were employed by neutral employers Thus,
in one case,51 the Seventh Circuit held that a local union had not
violated this section by picketing a plant operated by a wholly owned
subsidiaiy of another corpoi ation against which a sister local was
conducting a primary strike The court agreed that the Board was
justified in considering the two corporations to be, in effect, one
employer
However, in Enterprise A8sociation,52 the Second Circuit agreed
that a uruon, whose bargaining agreement with a piping contractm
prohibited, m effect, the subcontracting of pipe fabrication, violated
section 8(b) (4) (A) of the 1947 act by inducing the contractor's
employees on a construction pioject for an electrical company to
refuse to install pipe fabricated by another pipe company, where the
electrical company withdrew the fabricating work from the contractor,
uncle' the terms of their piping contract, and transferred it to
the other company The court rejected the union's contention that the
electrical company and the other pipe company were "allies" of the
piping contractor since the electric company had given this fabricating
work to the othei pipe company without the piping contractor's
advice or knowledge
The District of Columbia Circuit appioved, as a "reasonable accommodation"
of Intei ests, the Board's finding in another case that the
union, which represented the production and maintenance employees
at a manufacturing plant, violated section 8(b) (4) (A) of the 1947 act
by picketing the construction site of a new addition to the plant—
whose construction the miumfacturei had subconti acted to othei
employers—in support of the union's demand that the construction
work be performed by the manufacturer's own employees 53 The
corn t I ejected the union's contention that it could lawfully picket
the construction site because the contractors were doing the very
work which was the subject of the primary dispute and the picketing
sought to preserve The court observed that this was not "struck
work," that the contraetm s were independent contractoi s and not
"allies" of the manufactui er, and that the contractors could not
resolve the dispute The court held that the interest of the manufacturer's
employees in maintaining their debatable but bona fide claim
to work under their bar gaining agreement with the manufacturer did
not justify the union's efforts at work stoppages directed solely against
the contractors
Milwaukee Plywood Co v NLRB, 285 F 2d 825
53 N LRB v Enterprise Assn of Steam, Hot Water, Hydraulic, Sprinkler, Pneumatic
Tube, Ice Machine A General Pspejltters of New York and Vicinity, Local Union NO 638,
285 F 2d 842
el United Steelworkers of America, AFL-010 v NLRB (Tennessee Coal d Iron Co,
294 P 2d 256