NLRB v. International Longshoremen's Ass'n, Local 1576, No. 26131.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBELL and THORNBERRY, Circuit , and CHOATE
Citation409 F.2d 709
PartiesNATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1576, AFL-CIO, Respondent.
Decision Date29 April 1969
Docket NumberNo. 26131.

409 F.2d 709 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1576, AFL-CIO, Respondent.

No. 26131.

United States Court of Appeals Fifth Circuit.

April 29, 1969.


Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Clifford Potter, Director, Houston, Tex., Lawrence J. Sherman, Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Solomon I. Hirsh, Atty., N.L.R.B., for appellant.

Arthur J. Mandell, Mandell & Wright, Houston, Tex., for appellee.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.

409 F.2d 710

PER CURIAM:

This is a petition to enforce an order of the Board against Respondent with respect to the assignment of work as between Respondent Local 1576 and International Longshoremen's Association, Local 329, AFL-CIO. The work in question had to do with discharging crated green fruit when part of a mixed cargo from vessels stevedored by Texas Contracting Company. After a Section 10(k) hearing, 29 U.S.C.A. Section 160(k), the Board awarded the work to Local 329. 162 NLRB No. 80.

Thereafter, Local 1576 having failed to comply with the Board's order within ten days, the matter proceeded as an unfair labor practice under Section 8 (b) (4) (i) and (ii) (D) of the Act. 29 U.S.C.A. § 158(b) (4) (i) and (ii) (D). The order of the Board in sustaining the unfair practice charge is supported by substantial evidence on the record as a whole. This follows from our conclusion that there is substantial evidence which supports the award of the work to Local 329. New Orleans Typographical Union No. 17 v. NLRB, 5 Cir., 1966, 368 F.2d 755. It is undisputed that Respondent engaged in picketing in an effort to obtain the work in question and that members of Local 329 refused to cross the picket line.

Under the procedure followed in 10(k) proceedings, where Respondent refuses to abide the order of the Board, the remedy of the Board is to institute an unfair practice proceeding against the Respondent. This two-stage course was followed here. The Section 10(k) record was already made and had been the basis of the Board's action in that proceeding. That record was introduced in the unfair practice proceeding before the Trial Examiner. The Trial Examiner then afforded Respondent the opportunity to introduce new or previously undiscovered evidence to rebut the Board's determination in awarding the work in question. The examiner...

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2 practice notes
  • N.L.R.B. v. International Ass'n of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, Local 433, AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 17, 1977
    ...10(k) proceeding is proper. The Fifth Circuit has reached a similar conclusion. In NLRB v. International Longshoremen's Ass'n, Local 1576, 409 F.2d 709 (5 Cir. 1969), the trial examiner at the § 8(b)(4)(D) hearing relied entirely on the record from the § 10(k) hearing, since no new evidence......
  • Corrugated Asbestos Contractors, Inc. v. NLRB, No. 71-2331.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 14, 1972
    ...Contracting Company et al., 166 N.L.R.B. 869, 870 (July 27, 1967), enf'd N. L. R. B. v. International Longshoremen's Ass'n, 5 Cir. 1969, 409 F.2d 709; New York Times Company, 154 N.L.R.B. 1122, 1124 (September 10,...
2 cases
  • N.L.R.B. v. International Ass'n of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, Local 433, AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 17, 1977
    ...10(k) proceeding is proper. The Fifth Circuit has reached a similar conclusion. In NLRB v. International Longshoremen's Ass'n, Local 1576, 409 F.2d 709 (5 Cir. 1969), the trial examiner at the § 8(b)(4)(D) hearing relied entirely on the record from the § 10(k) hearing, since no new evidence......
  • Corrugated Asbestos Contractors, Inc. v. NLRB, No. 71-2331.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 14, 1972
    ...Contracting Company et al., 166 N.L.R.B. 869, 870 (July 27, 1967), enf'd N. L. R. B. v. International Longshoremen's Ass'n, 5 Cir. 1969, 409 F.2d 709; New York Times Company, 154 N.L.R.B. 1122, 1124 (September 10,...

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