National Labor Relations Board v. International Union of Operating Engineers Local 501, Afl-Cio

TANG, Circuit Judge:

The NLRB petitions for enforcement of its order that the International Union of Operating Engineers Local 501 (“Union”), violated Section 8(b)(1)(B) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158(b)(1)(B) (1982), by fining one supervisor-member and expelling two others as discipline for continuing to perform théir usual supervisory duties during a lock-out. The Union contends that the supervisor-members were doing bargaining unit work, that expulsion of members does not violate Section 8(b)(1)(B) because it does not affect the employer in its selection of…