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Local Union No. 277 v. National Labor Relations Board

September 19, 1983

LOCAL UNION NO. 277, INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, PETITIONER IN NO. 82-3392
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT; JENNINGS V. LOVE, PETITIONER IN NO. 82-3453 V. NATIONAL LABOR RELATIONS BOARD, RESPONDENT LOCAL UNION NO. 277, INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, INTERVENOR



PETITION FOR REVIEW AND APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD.

Seitz, Chief Judge, Sloviter, Circuit Judge, and Pollak, District Judge.*fn*

Author: Seitz

Opinion OF THE COURT

SEITZ, Chief Judge.

I.

Local Union No. 277, International Brotherhood of Painters and Allied Trades (the Union) petitions for review of an order of the National Labor Relations Board (the Board) finding that the Union violated section 8(b)(1)(A) of the National Labor Relations Act (the NLRA), 29 U.S.C. § 158(b)(1)(A) (1976), by operating an exclusive hiring hall without regard to objective standards for referral. See Polis Wallcovering, 262 N.L.R.B. 1336, 262 NLRB No. 169, 1982-83 NLRB Dec. (CCH) para. 15,077 (1982). The Union also seeks review of the Board's order finding that it violated sections 8(b)(1)(A) and 8(b)(2) of the Act, 29 U.S.C. §§ 158(b)(1)(A) & (b)(2), by its failure to refer for employment Edward W. Pygatt.

Jennings V. Love petitions for review of the Board's order finding that the Union did not violate sections 8(b)(1)(A) and 8(b)(2) of the Act by its failure to refer him for employment. The Board resists this petition, and we granted the Union's motion to intervene in support of the Board. Love also seeks review of the Board's denial of his motion to reopen the record.

The Board has filed a cross-application for enforcement of its order against the Union with respect to the hiring hall and Pygatt. This court has jurisdiction under sections 10(e) and (f) of the Act, 29 U.S.C. §§ 160(e) & (f).

II.

The Hiring Hall's Referral Procedures

The Union operates an exclusive hiring hall in Atlantic City, New Jersey, which refers painters and paperhangers to employers pursuant to the terms of a collective bargaining agreement between the Union and the National Painting and Decorating Contractors of America, an employers' association. Article IV of that agreement sets forth certain requirements and procedures with respect to the referral system. Article IV provides:

Hiring

4.1 In the employment of workmen for all work covered by this agreement, the following provision shall govern:

(a) The union shall establish and maintain an open and nondiscriminatory employment list for the employment of workmen of this particular trade, including journeymen painters and indentured apprentices previously employed by employers in the multi-employer unit included in this agreement and non-member workers who may make application for a place on this list.

(b) Whenever desiring to employ workmen, the employer shall call upon the union or its agent, for any such workmen as they may from time to time need, and the union or its agent shall immediately furnish the employers the required ...


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