Reference no: EM131706630

Question: Zellers worked as an elevator installer; he was a member of Local 123 of the Elevator Constructors. Zellers was employed by Eggers Construction Co. and was working at a neutral construction site. The elevator construction crew was directed to use a separate, neutral gate at the work site because another union had set up a picket line at a different gate at the work site. When he saw the other picket line, Zellers refused to enter the work site, even though there was no picket line at the gate he was required to use. Because of his refusal to enter the gate, Zellers was suspended by Eggers.

The Elevator Constructors Union filed a grievance protesting the suspension of Zellers. Eggers then filed an unfair labor practice complaint with the NLRB, alleging that the union filing the grievance was in violation of Section 8(b)(4) because it sought to authorize Zellers' refusal to work in order to force the general contractor to get rid of the employer subject to the strike by the other union. How should the board rule on Eggers' unfair labor practice complaint? Explain your answer. See NLRB v. Elevator Constructors [134 L.R.R.M. 2137 (8th Cir. 1990)].