istrative Law Judge. The Board also reasoned that FP&L, which involved supervisors who performed bargaining-unit work, did not extend to cases where union discipline was imposed upon supervisors who performed only their ordinary supervisorial functions (including the adjustment of grievances). The Board relied upon two of its cases decided subsequent to FP&L: Chicago Typographical Union No. 16 (Hammond Publishers, Inc.), 216 N. L. R. B. 903 (1975); New York Typographical Union No. 6, International Typographical Union, AFL-CIO (Daily Racing Form, a subsidiary of Triangle Publishers, Inc.), 216 N. L. R. B. 896 (1975).

On application to review by the networks and the Board's application to enforce, a divided panel of the Court of Appeals for the Second Circuit denied enforcement in a brief per curiam opinion indicating that, like the dissenting member of the Board, it considered FP&L, supra, to bar the results reached by the Board in this case. 547 F. 2d 159 (1976). We granted the petitions for certiorari of the Board as well as of the Association and the networks because of an apparent conflict between the decision below and decisions in other Courts of Appeals and because of the recurring nature of the issue." 430 U. S. 982 (1977).

II

As the Court has set out in greater detail in its comprehensive review of § 8 (b)(1) (B) in FP&L, the prohibition against restraining or coercing an employer in the selection of his bargaining representative was, until 1968, applied primarily to pressures exerted by the union directly upon the employer

17 In Chicago Typographical Union No. 16 v. NLRB, 176 U. S. App. D. C. 240, 539 F. 2d 242 (1976), the Court of Appeals for the District of Columbia Circuit enforced the Board's order in Hammond Publishers, relied on by the Board in this case. In Wisconsin River Valley Dist. Council v. NLRB, 532 F. 2d 47 (1976), the Court of Appeals for the Seventh Circuit also took a position seemingly at odds with the judgment under review here. The issue is also a recurring one before the Board.

to force him into a multiemployer bargaining unit or otherwise to dictate or control the choice of his representative for the purpose of collective bargaining or adjusting grievances in the course of administering an existing contract. In San Francisco-Oakland Mailers' Union No. 18, International Typographical Union (Northwest Publications, Inc.), 172 N. L. R. B. 2173 (1968), however, the Board applied the section to prohibit union discipline of one of its member-supervisors for the manner in which he had performed his supervisory task of grievance adjustment. Although the union "sought the substitution of attitudes rather than persons, and may have exerted its pressures upon the [employer] by indirect rather than direct means," the ultimate fact was that the pressure interfered with the employer's control over his representative. "Realistically, the Employer would have to replace its foremen or face de facto nonrepresentation by them." Oakland

Mailers, supra, at 2173.

The application of the section to indirect coercion of employers through pressure applied to supervisory personnel continued to evolve until the FP&L and Illinois Bell 18 cases reached the Court of Appeals for the District of Columbia Circuit and then this Court. In each of those cases, the union disciplined supervisor-members who had performed rank-and-file work behind a union picket line during a strike. In a companion case to Illinois Bell,19 upon which Illinois Bell explicitly relied,20 the Board found an infraction of § 8 (b)

18 IBEW, Local 134 v. NLRB, 159 U. S. App. D. C. 242, 487 F. 2d 1113, rev'd on rehearing en banc, 159 U. S. App. D. C. 272, 487 F. 2d 1143 (1973), refusing to enforce IBEW, Local 134, 192 N. L. R. B. 85 (1971) (Illinois Bell), and IBEW Systems Council U-4, 193 N. L. R. B. 30 (1971) (FP&L).

19 Local Union No. 2150, IBEW, and Wisconsin Electric Power Co., 192 N. L. R. B. 77 (1971).

20 "We find no discernible difference between the two cases, and for the reasons set forth in that case, we find violated Section 8 (b) (1) (B) . . . ."

that, in the instant case, the Union Illinois Bell, 192 N. L. R. B., at 86.

(1) (B), broadly construing its purpose "to assure to the employer that its selected collective-bargaining representatives will be completely faithful to its desires" and holding that this could not be achieved "if the union has an effective method, union disciplinary action, by which it can pressure such representatives to deviate from the interests of the employer." " In like fashion, in FP&L, the Board held that fining supervisors for doing rank-and-file work during a work stoppage "struck at the loyalty an employer should be able to expect from its representatives for the adjustment of grievances and therefore restrained and coerced employers in their selection of such representatives." "

22

The Court of Appeals overturned both decisions of the Board, holding that although the section could be properly applied to union efforts to discipline supervisors for their performance as collective-bargaining or grievance-adjustment representatives, it could not reasonably be applied to prohibit union discipline of supervisors crossing picket lines to perform bargaining-unit work: "When a supervisor forsakes his supervisory role to do rank-and-file work ordinarily the domain of nonsupervisory employees, he is no longer acting as a management representative and no longer merits any immunity from discipline." 159 U. S. App. D. C., at 286, 487 F.2d, at 1157.

This Court affirmed the judgment of the Court of Appeals: "The conclusion is thus inescapable that a union's discipline of one of its members who is a supervisory employee can constitute a violation of § 8 (b)(1)(B) only when that discipline may adversely affect the supervisor's conduct in performing the duties of, and acting in his capacity as, grievance adjuster or collective bargainer on behalf of the employer." 417 U. S., at 804–805.

21 Id., at 78.

22 193 N. L. R. B., at 31.

The Court thus rejected the claim that "even if the effect of [union] discipline did not carry over to the performance of the supervisor's grievance adjustment or collective bargaining functions," it was enough to show that the result would be "to deprive the employer of the full allegiance of, and control over, a representative he has selected for grievance adjustment or collective bargaining purposes." Id., at 807. Assuming without deciding that the Board's decision in Oakland Mailers fell within the outer reaches of § 8 (b)(1)(B), the Court concluded that the Illinois Bell and FP&L decisions did not, because it was "certain that these supervisors were not engaged in collective bargaining or grievance adjustment, or in any activities related thereto, when they crossed union picket lines during an economic strike to engage in rank-andfile struck work." 417 U. S., at 805.

Subsequent to FP&L, in applying § 8 (b)(1)(B) to cases involving union discipline of supervisor-members, the Board directed its attention, as it understood FP&L to require, to the question whether the discipline may adversely affect the supervisor's conduct in performing his grievance-adjustment or collective-bargaining duties on behalf of the employer. In Hammond Publishers, supra, and Triangle Publishers, supra, the Board held that it was an unfair practice under § 8 (b)(1)(B) for a union to discipline a supervisor-member whose regular duties included the adjustment of grievances for crossing a picket line to perform his regular functions during a strike. See also Wisconsin River Valley Dist. Council (Skippy Enterprises, Inc.), 218 N. L. R. B. 1063 (1975). These cases rested on the Board's conclusion that such discipline imposed on the supervisor would have a "carryover" effect and would influence the supervisor in the performance of his adjustment functions after the strike and hence interfere with and coerce the employer in the choice of his grievance representative. See Triangle, 216 N. L. R. B., at 897; Hammond, 216 N. L. R. B., at 904. The Triangle decision

was not challenged in the courts, but Hammond was enforced, 176 U. S. App. D. C. 240, 539 F. 2d 242 (1976), as was Skippy Enterprises, 532 F. 2d 47 (CA7 1976).23

III

This case was tried to the Administrative Law Judge prior to the issuance of this Court's decision in FP&L, but hearings continued and the record was not closed until after the Court of Appeals' final decision in that case; and the FP&L opinion here was handed down on June 24, 1974, some three months before the Administrative Law Judge issued his recommended decision. As we have already indicated, the findings of the Administrative Law Judge, accepted by the Board, were that the hyphenates' regular supervisory duties included the performance of grievance adjustment; that the employer insisted that hyphenates return to work but only to perform supervisory, not rank-and-file, duties; 24 and that the hypenates who reported did only supervisory work and had the

23 In Hammond and Skippy, the supervisor also performed some rankand-file work during the strike. The Board in Hammond characterized the amount of rank-and-file work as minimal, and only incidental to the supervisory functions, but in Skippy, the supervisor performed rank-andfile work for about 30% of his time. In light of the finding that the supervisors performed no rank-and-file writing in this case, we are not presented with that element of the Board's reasoning in Hammond and Skippy.

24 We note also respondent's argument that the limited writing duties— the A-to-H functions-normally performed by the hyphenates should be considered rank-and-file work within the meaning of FP&L. The Administrative Law Judge gave careful attention to the issue and concluded to the contrary, App. to Pet. for Cert. in No. 76-1162, p. 59a, and the Board accepted his findings and conclusions in this respect. We also find them unexceptionable. The dissenting Board member did not premise his opinion on the A-to-H issue. We thus do not have here the situation where the disciplined supervisor has performed not only supervisory duties, including grievance adjustment, but also has done some rank-and-file tasks. See Hammond and Triangle, and also Wisconsin River Valley.