The Board ruled the company violated Sections 8(a)(3) and (1) of the Act by terminating the welders because of their union membership. Absent the usual statutory obligation of the parties to maintain the status quo upon expiration of their collective bargaining agreement, until impasse or a new agreement is reached, the Board had to determine whether the Hawaiian Dredging Construction Company’s discharge of its welders, after their Section 8(f) agreement had expired, was motivated by an intent to discriminate in violation of the employees’ statutory rights, or reflected the company’s long-standing business practice to rely on union hiring halls under Section 8(f) agreements for craft employees. § 158(f), allows employers in the construction industry to enter into pre-hire agreements with unions without a showing that a majority of their employees support the union. ROGERS, Circuit Judge: Section 8(f) of the National Labor Relations Act, 29 U.S.C. Opinion for the Court filed by Circuit Judge ROGERS. Before: ROGERS and MILLETT, Circuit Judges, and SENTELLE, Senior Circuit Judge. Rosenfeld argued the cause and filed the brief for intervenor International Brotherhood of Boilermakers Local 627 in support of respondent. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General 2 Counsel, Usha Dheenan, Supervisory Attorney, and Marci J. David Casserly, Attorney, National Labor Relations Board, argued the cause for respondent. NATIONAL LABOR RELATIONS BOARD, RESPONDENT INTERNATIONAL BROTHERHOOD OF BOILERMAKERS LOCAL 627, INTERVENOR Consolidated with 15-1424 On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board Barry W.
15-1039 HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC., PETITIONER v. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued FebruDecided No.
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