N. L. R. B. v. LOCAL UNION NO. 725, ETC.

No. 76-4058.

572 F.2d 550 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL UNION NO. 725 OF the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO, Respondent.

United States Court of Appeals, Fifth Circuit.

May 5, 1978.


Attorney(s) appearing for the Case

Elliott Moore, Dep. Assoc. Gen. Cnsl., Paul Spielberg, Elinor Stillman, Attys., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, N. L. R. B., Washington, D. C., for petitioner.

Allan M. Elster, North Miami Beach, Fla., for respondent.

Before BROWN, Chief Judge, and RONEY and FAY, Circuit Judges.


RONEY, Circuit Judge:

This case raises the question of whether we should enforce a National Labor Relations Board order to remedy an "unfair labor practice" by a union when the fault of the union lay in its refusal to refer an employee union member to a job of foreman, a supervisory job outside of the scope of the National Labor Relations Act, and whether a remedy of backpay can be based on the loss of a supervisor's pay. Resolving these legal issues against the union...

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