disclaimer of work by union moots employer’s Section 8(b)(4)(D) cause of action
How later courts described this case
- disclaimer of work by union moots employer’s Section 8(b)(4)(D) cause of action
Written by the judges who cited it.
The opinion
*942 On Petition for Rehearing
PER CURIAM:
On petition for rehearing StrombergCarlson asserts that in our earlier opinion we have misconceived the position it takes in these proceedings; that while it stressed its belief that the setting of an example was the purpose of the union’s picketing, it also contended that a purpose was to compel United Parcels to change contractors to one employing union members and to secure reassignment of the work in question in that fashion. The Board concedes that had that in truth been the union’s purpose, the picketing would have constituted a violation of § 8(b)(4)(D) and the disclaimer of the union would have been sham and in bad faith.
Stromberg-Carlson’s contentions in this respect were made before the Board. Although the Board proceeded by order quashing notice of hearing, the order in fact followed a hearing at which a record was made. As to the purpose of picketing, the Board chose to accept the union’s avowal rather than the contentions of StrombergCarlson and concluded that the union had effectively disclaimed the work in question. The Board stated:
“There is no evidence in the record that contradicts Respondent’s claim that it had picketed the Employer for a week in September 1976 solely for the purpose of enforcing the Employer to pay the Employer’s workers area standard wages. At no time has Respondent made any demand or request for any work assignment on behalf of its members. We will not infer such a proscribed object without more evidence.”
We shall not disturb that ruling.
Rehearing denied.