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N. L. R. B. v. BRICKLAYERS LOCAL NO. 7, ETC.

No. 76-3420.

563 F.2d 977 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BRICKLAYERS LOCAL NO. 7, BRICKLAYERS, MASONS AND PLASTERERS' INTERNATIONAL UNION OF AMERICA, AFL-CIO, Respondent.

United States Court of Appeals, Ninth Circuit.

October 28, 1977.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc. Counsel, N. L. R. B., Washington, D. C., Michael F. Messitte, N. L. R. B., Washington, D. C., for petitioner.

Russell Specter and Laura Stevens, Neyhart, Anderson & Freitas, Bricklayers Local No. 7, Bricklayers, Masons and Plasterers' Intern. Union of America, AFL-CIO, San Francisco, Cal., for respondent.

Before TRASK, WALLACE and ANDERSON, Circuit Judges.

PER CURIAM:

The issue on this appeal is whether there is substantial evidence on the record as a whole to support the Board's finding that the Union violated sections 8(b)(2) and (b)(1)(A) of the National Labor Relations Act. It was asserted that the union forced the company to terminate the employment of Charles Toney without legitimate basis and because Toney was not a member of the Union.

The underlying facts are...

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