DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163686P.pdf 03/26/2018 International Alliance v. NLRB
U.S. Court of Appeals Case No: 16-3686
and No: 16-3940
National Labor Relations Board
[PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges]
Petition for Review - National Labor Relations Board. The Board followed
its discretionary guidelines for interstate impact in determining that it
had jurisdiction over the employer; the Board did not err in determining
that the union operated an exclusive hiring hall with respect to the two
employers involved in this matter; the Board did not err in finding that
the union's decision to suspend seven employees from the referral list was
an unfair labor practice as the union failed to show the suspensions were
necessary for effective constituent representation; the Board did not err
in finding that the union's refusal to refer two members to a particular
job was an unfair labor practice as the union failed to meet its burden to
show that the decision was necessary to the effective performance of its
representative function; the Board did not err in finding the union had
discriminated against nonmembers in maintaining its referral list; Board's
conclusion that the union's 10(b) defense was without merit is affirmed.