N.L.R.B. v. United Ass'n of Journeymen and Apprentices of Plumbing and Pipefitting Industry, Local No. 741, No. 82-7235

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore GOODWIN, TANG and FARRIS; GOODWIN
Parties113 L.R.R.M. (BNA) 3120, 97 Lab.Cas. P 10,077 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY, LOCAL NO. 741, Respondent.
Decision Date28 April 1983
Docket NumberNo. 82-7235

Page 1164

704 F.2d 1164
113 L.R.R.M. (BNA) 3120, 97 Lab.Cas. P 10,077
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPEFITTING INDUSTRY, LOCAL NO. 741,
Respondent.
No. 82-7235.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted Feb. 15, 1983.
Decided April 28, 1983.

Page 1165

Edward S. Dorsey, Atty., N.L.R.B., Washington, D.C., for petitioner.

Stanley Lubin, McKendree & Lubin, Phoenix, Ariz., for respondent.

Appeal for Enforcement of an Order of the National Labor Relations Board.

Before GOODWIN, TANG and FARRIS, Circuit Judges.

GOODWIN, Circuit Judge.

The National Labor Relations Board petitions this court to enforce its order in 259 N.L.R.B. No. 123, arising out of a jurisdictional dispute between the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local Union No. 741 and the Laborers' International Union of North America, Local No. 479.

The Ashton Company was awarded a contract by the American Smelting and Refining Company to construct a replacement flotation circuit at the Mission Copper Mine at Sahuarita, Arizona. At a prejob conference Ashton announced that it was assigning the process piping work on the project to its employees represented by the Laborers. The Plumbers local protested and through its international union filed a claim to the process piping work with the AFL-CIO's Impartial Jurisdictional Disputes Board (IJDB). Ashton and its collective bargaining representative, the Arizona Chapter of the Associated General Contractors (the AGC) informed the IJDB that it would not appear at the IJDB hearing and would not abide by its decision. The IJDB awarded the process piping work to the Plumbers.

The Plumbers demanded that Ashton honor the IJDB decision and reassign the work to its members. Ashton ignored this demand. On May 5, 1980 the Plumbers began picketing at Ashton's job site, causing numerous work stoppages. Ashton filed a petition for injunction under Sec. 10(l ) of the National Labor Relations Act, 29 U.S.C. Sec. 160(l ), and the Plumbers stopped picketing on August 7, 1980.

Ashton also filed a complaint with the National Labor Relations Board claiming that the Plumbers had engaged in an unfair labor practice forbidden by Sec. 8(b)(4)(i) and (ii)(D) of the Act, 29 U.S.C. Sec. 158(b)(4)(i) and (ii)(D), forbidding coercion or restraint to force any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft or class, rather than to employees in another labor organization, or in another trade, craft or class.

The Plumbers defended their picketing, asserting that Ashton was bound by the IJDB jurisdictional award because of Clause 1101.1 of Ashton's and the Associated General Contractor's Master Labor Agreement with the Laborers and four other basic craft unions. Ashton has no contract with the Plumbers. In effect, the Plumbers were arguing that they are a third party beneficiary of the collective bargaining agreement. Clauses 1101.1 and 1101.3.9 of the MLA provide:

"1101.1--All jurisdictional disputes with AFL-CIO Building Trades Sub Crafts shall be determined in the manner and by the procedure established by the Building and Construction Trades Department of the AFL-CIO through the National Joint Board for the Settlement of Jurisdictional Disputes in the Building and Construction Industry. Such decisions shall be final and binding upon and put into effect by the Contractor and the Union without delay.

* * *

1101.3.9--If and when the Parties signatory hereto become a part of a National Joint Board for the Settlement of Jurisdictional Disputes or other similar National Plan, said Plan shall supersede the provisions contained in this Article 11, 1101.1 and 1101.2, and the Parties mutually

Page 1166

agree to be bound by and implement said new Plan."

Representatives of the Associated General Contractors and the five unions party to the Master Labor Agreement testified that Clause 1101.1 was intended to protect the unions who signed the agreement from losing work to sub-craft unions hired by...

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7 practice notes
  • International Longshoremen's and Warehousemen's Union, Local 32 v. Pacific Maritime Ass'n, Nos. 84-4173
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 7, 1985
    ...and capricious. NLRB v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local 741, 704 F.2d 1164, 1166 (9th B. Improper motivation--circumventing the section 10(k) determination. The Board's finding of an improper desire to circumvent the secti......
  • N.L.R.B. v. Southwest Sec. Equipment Corp., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 3, 1984
    ...acted arbitrarily or capriciously. NLRB v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, 704 F.2d 1164, 1166 (9th Cir.1983); see also K. Davis, Administrative Law Treatise Sec. 30.10 (1958) (reviewing court may overturn agency's application o......
  • Thompson v. U.S. Dept. of Labor, No. 87-7509
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 8, 1989
    ...to construe the agreement. See NLRB v. United Assoc. of Journeymen and Apprentices of the Plumbing & Pipefitting Ind., Local 741, 704 F.2d 1164, 1166 (9th Cir.1983)(extrinsic evidence admissible because the meaning of the agreement was not clear on its face). The correspondence during t......
  • Machinists Local 1327, Intern. Ass'n of Machinists and Aerospace Workers, AFL-CIO, Dist. Lodge 115 v. N.L.R.B., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 14, 1984
    ...1149-50, 10 L.Ed.2d 308 (1963); NLRB v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industries, 704 F.2d 1164, 1166 (9th But " 'the deference owed to an expert tribunal cannot be allowed to slip into a judicial inertia which results in the unaut......
  • Request a trial to view additional results
7 cases
  • International Longshoremen's and Warehousemen's Union, Local 32 v. Pacific Maritime Ass'n, Nos. 84-4173
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 7, 1985
    ...and capricious. NLRB v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local 741, 704 F.2d 1164, 1166 (9th B. Improper motivation--circumventing the section 10(k) determination. The Board's finding of an improper desire to circumvent the secti......
  • N.L.R.B. v. Southwest Sec. Equipment Corp., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 3, 1984
    ...acted arbitrarily or capriciously. NLRB v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, 704 F.2d 1164, 1166 (9th Cir.1983); see also K. Davis, Administrative Law Treatise Sec. 30.10 (1958) (reviewing court may overturn agency's application o......
  • Thompson v. U.S. Dept. of Labor, No. 87-7509
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 8, 1989
    ...to construe the agreement. See NLRB v. United Assoc. of Journeymen and Apprentices of the Plumbing & Pipefitting Ind., Local 741, 704 F.2d 1164, 1166 (9th Cir.1983)(extrinsic evidence admissible because the meaning of the agreement was not clear on its face). The correspondence during t......
  • Machinists Local 1327, Intern. Ass'n of Machinists and Aerospace Workers, AFL-CIO, Dist. Lodge 115 v. N.L.R.B., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 14, 1984
    ...1149-50, 10 L.Ed.2d 308 (1963); NLRB v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industries, 704 F.2d 1164, 1166 (9th But " 'the deference owed to an expert tribunal cannot be allowed to slip into a judicial inertia which results in the unaut......
  • Request a trial to view additional results

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