Unpublished Disposition, 940 F.2d 667 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 940 F.2d 667 (9th Cir. 1989)

BUILDING MATERIALS AND CONSTRUCTION TEAMSTERS LOCAL 216, Petitioner,v.NATIONAL LABOR RELATIONS BOARD, Respondent.NATIONAL LABOR RELATIONS BOARD, Petitioner,v.BUILDING MATERIALS AND CONSTRUCTION TEAMSTERS LOCAL 216,INTERNATIONAL BROTHERHOOD OF TEAMSTERS,CHAUFFEURS, WAREHOUSEMEN AND HELPERS OFAMERICA, AFL-CIO, Respondent.

Nos. 89-70369, 89-70426.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted February 12, 1991.

Decided July 22, 1991.

Before FLETCHER, WILLIAM A. NORRIS and TROTT, Circuit Judges.


MEMORANDUM* 

Bay Area Building Material and Construction Teamsters, Local 216 (the "Union"), petitions for review of a decision and order of the National Labor Relation Board holding that the Union violated section 8(b) (4) (D) of the National Labor Relations Act ("the Act"), 29 U.S.C. § 158(b) (4) (D). The Board has filed a cross-application for enforcement of its order. We deny the Union's petition for review and enforce the Board's order.

FACTS

The facts of this case are set out in the memorandum disposition filed this date in Granite Rock Company v. Bay Area Building Material Teamsters Local 216, No. 89-15062 ("Granite Rock"), a related case.

PROCEEDINGS BELOW

In June 1987, Granite Rock filed an unfair labor practice charge against the Union, alleging that the Union violated section 8(b) (4) (D) of the Act. The Board subsequently conducted a hearing pursuant to section 10(k) of the Act, 29 U.S.C. § 160(k), which provides for the resolution of jurisdictional disputes. On February 17, 1988, the Board issued a section 10(k) Decision and Determination of Dispute in which it found reasonable cause to believe that Local 216 had violated section 8(b) (4) (D). The Board issued an amended complaint following notification by the Union that it would not comply with the section 10(k) decision. Subsequently, on August 24, 1989, the Board found that the Union had violated section 8(b) (4) (D) of the Act and ordered it to cease and desist from the offending activity.

DISCUSSION

This court has jurisdiction to review the Board's decision and order pursuant to 29 U.S.C. § 160(e), (f). In its petition for review, the Union contests the Board's determination that the Union's actions violated section 8(b) (4) (D). In doing so, it raises arguments that are in substance identical to those raised in part I of our decision in Granite Rock. For the reasons set forth in part I of Granite Rock, we hold that the Board in this case did not err in finding that the Union violated section 8(b) (4) (D).

The petition for review is DENIED. The Board's order is ENFORCED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3