National Labor Relations Board v. Plasterers’ Local Union No. 79

Texas State Tile & Terrazzo Co. (Texas State) and Martini Tile & Terrazzo Co. (Martini) (plaintiff) (collectively, the employers) were Houston contractors hired to install tile and terrazzo. The employers had collective-bargaining agreements with the Tile Setters Local Union No. 20 (Tile Setters) and used members of Tile Setters for (1) laying tile and (2) mortaring work. The Plasterers Local Union No. 79 (Plasterers) (defendant) picketed the job sites of the employers, claiming that the mortaring work should be assigned to Plasterers and not Tile Setters. The employers did not have collective-bargaining agreements with Plasterers and did not regularly hire members of that union. Tile Setters and Plasterers agreed to abide by the procedures and decision of a joint-board settlement body. The joint board awarded the mortaring work to Plasterers. The employers, however, had never agreed to the joint board’s procedures and settlement authority. Southwestern Construction Co. (Southwestern) (plaintiff), the general contractor that hired Texas State, and Martini filed charges against Plasterers, alleging a violation of § 8(b)(4)(D) of the National Labor Relations Act. The regional director of the National Labor Relations Board (the board) held a noticed hearing under § 10(k) of the act. Southwestern, Texas State, Martini, and the two unions participated in the hearing, and the board awarded the mortaring work to Tile Setters. Subsequently, Plasterers refused to indicate that it would abide by the board’s award, and a § 8(b)(4)(D) complaint was filed against Plasterers. The board found that Plasterers committed an unfair labor practice by picketing to force the employers to assign work to Plasterers. The Supreme Court was called on to decide whether employers are “parties” to a jurisdictional dispute for purposes of § 10(k).