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N.L.R.B. v. LOCAL 3, INTERN. BROTH. OF ELEC. WKRS.

No. 997, Docket 87-4005.

828 F.2d 936 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL UNION NO. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, Respondent.

United States Court of Appeals, Second Circuit.

Decided September 11, 1987.

Attorney(s) appearing for the Case

Norman Rothfeld, New York City, for respondent.

Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for petitioner.

Joseph D. Luksch, New York City (Epstein Becker Borsody & Green, P.C., of counsel), filed a brief for intervenor Burroughs Corp.

Before LUMBARD, OAKES and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

The basic question on this appeal is whether a threat to strike is an unfair labor practice that the NLRB may enjoin under § 160(a) of the National Labor Relations Act. It was Congress' aim in that Act to stabilize labor relations. A union statement that contains an implied threat of reprisal against an employer is coercive in the same sense as is a strike itself because one party to a bargained-for agreement's use of a power it agreed...

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