Moore, Smith, and Kaufman, Circuit Judges.
This is a petition by the National Labor Relations Board for enforcement of its orders prohibiting Local 25, IBEW ("Local 25") from violating Section 8(b)(4)(i)(ii)(D) (29 U.S.C. § 158(b)(4) (i)(ii) (D),*fn1 of the National Labor Relations Act by threatening to picket, or by picketing, any employer (as well as two specified employers), where an object of such picketing is to force the assignment of electrical work in construction projects to employees represented by Local 25. The specified employers, Sarrow-Suburban Electric Co. ("Sarrow-Suburban") and Emmett Electric Co. ("Emmett"), were the charging parties in two separate proceedings before the Board which have been consolidated for purposes of this enforcement petition. The facts of the two cases, while presenting the same issues, shall be considered separately.
Dr. Benjamin Stein, owner of the Brunswick Hospital Center, acted as his own general contractor in the building of an addition to the hospital. Although approached in May or June, 1965, by a Local 25 business agent and given a list of Local 25 contractors, Dr. Stein subcontracted the electrical work to Sarrow-Suburban, which executed a collective bargaining agreement with Local 199, Industrial Workers of Allied Trades, a so-called independent union, not affiliated with the AFL-CIO.
After Sarrow-Suburban started work in August, Dr. Stein was told by two Local 25 agents, on separate occasions, that he should break his contract with Sarrow-Suburban, and that, if he did not, there would be "trouble" and work stoppages. At no time was any mention made to anyone of any differential in wages and working conditions between Local 25 and Local 199. Joseph Bermel, a business agent of Local 25, stated that it was one of his duties to visit new construction jobs and see that all the electrical work was done by members of Local 25. He stated to Dr. Stein that Sarrow-Suburban could not work on the job and that the work must be done by a Local 25 man.
Sarrow-Suburban continued on the job, and on September 3, 1964, Local 25 started picketing with "informational" type signs reading:
The Electricians Employed By SARROW
SUBURBAN ELECTRIC INC. are not working under wages and conditions established by
LOCAL UNION 25, IBEW AFL-CIO
We have no dispute with any other employer at this site.
The picketing caused work stoppages due to employees of other subcontractors refusing to cross the picket line. The picketing was enjoined on October 9 at the request of the Board.
Thereafter, the Board conducted a Section 10(k) (29 U.S.C. § 160(k))*fn2 jurisdictional dispute hearing to determine which union should be awarded the work. Local 25, contending that there was no jurisdictional dispute, stipulated that Local 199 should be awarded the work if any award was to be made. It does not appeal the resulting award to employees represented by Local 199. Since Local 25 refused to refrain from the conduct proscribed by the Board at the Section 10(k) hearing, another hearing was held. The Board concluded ...