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Podewils v. National Labor Relations Board

Where NLRB determined that electrical workers' union did not violate NLRA by fining plaintiff for going to work as a supervisor at a nonunion shop, petition for review of NLRB's determination granted; violation could only be found if union was seeking a collective bargaining relationship with the nonunion shop, and NLRB erred in finding that there was not sufficient evidence to support allegation that union was seeking such a relationship.

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Argued November 13, 2001

Petition for Review of an Order of the National Labor Relations Board

Joseph G. Podewils and Gerald Nell Inc. petitioned for review of the National Labor Relations Board’s determination that Local 494 of the International Brotherhood of Electrical Workers (the Local) did not violate section 8(b)(1)(B) of the National Labor Relations Act *fn1 by fining its member Podewils $100,000 after he went to work as a supervisor at Gerald Nell. The Board’s decision turns on its finding of fact that the Local was not seeking a collective bargaining relationship with the company when it processed an internal charge against Podewils. That finding is not supported by substantial evidence and therefore we grant the petition for review.

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