NLRB v. International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, No. 17-73210 (9th Cir. 2019)Annotate this Case
The Ninth Circuit granted the Board's petition for enforcement of its order enjoining the union from committing violations of the National Labor Relations Act (NLRA). The panel held that substantial evidence supported the ALJ's finding that the union violated Section 8(b)(4)(i)(B) of the NLRA by inducing or encouraging Commercial Metals Company's neutral employees to strike or stop work for the unlawful secondary purpose of furthering the union's primary labor dispute with Western Concrete Pumping.
The panel declined to extend Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), to conclude that the Board's application of section Section 8(b)(4)(i)(B) violates the First Amendment. Addressing the union's alternative contention, the panel held that the Board reasonably rejected the union's claim that Section 8(c) of the NLRA protects its communications. Rather, the panel held that the Supreme Court has concluded that Section 8(c) does not immunize activities that violate Section 8(b)(4). Finally, the panel held that the Board properly rejected the union's challenges under the Religious Freedom Restoration Act and the Thirteenth Amendment, and that the language of the Board's order adequately apprised the union of its notice obligations.