Ashton Company was the general contractor on a construction project for American Smelting and Refining Company. Ashton had received objections from members of Local 741 of the Plumbers Union when it designated that the installation of all process piping, including air and water pipes, was to be performed by members of the Laborers International Union. After the plumbers began to picket the construction site, the dispute was taken before the NLRB pursuant to Section 10(k) of the Act.
The Board found that the work should be performed by the Laborers International Union and ruled that the decision of the Impartial Jurisdictional Dispute Board, which had ruled in favor of the Plumbers Union, was not binding on the contractor. After the Board's ruling, the plumbers resumed picketing at the jobsite, causing delays in deliveries and forcing some members of craft unions not to report to work.
The pickets demanded that Ashton recognize the ruling of the Impartial Board and award the pipe work to the Plumbers Union. Ashton Company charged Local 741 with engaging in an unfair labor practice. The union maintained that it had the right to inform other workers and the public about Ashton's refusal to give pipe work to plumbers. May the union lawfully inform others in this manner? Decide.