AMERICAN BOILER MANUFACTURERS ASSOCIATION v. N. L. R. B.

No. 18107.

366 F.2d 823 (1966)

AMERICAN BOILER MANUFACTURERS ASSOCIATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and United Association Pipe Fitters Local Union 539, and United Association Plumbers and Gas Fitters Local Union 15, etc., AFL-CIO, Intervenors.

United States Court of Appeals Eighth Circuit.

October 6, 1966.


Attorney(s) appearing for the Case

Kenneth C. McGuiness, of Vedder, Price, Kaufman & Kammholz & McGuiness, Washington, D. C., for American Boiler Mfgrs. Assn. Stanley R. Strauss, Washington, D. C., and Moller, Talent & Kuelthau, St. Louis, Mo., were with him on the brief.

Donald J. Capuano, of O'Donoghue & O'Donoghue, Washington, D. C., for United Assn. Pipefitters Local Union 455. Martin F. O'Donoghue, Washington, D. C., was with him on the briefs.

Louis Sherman and Charles R. Donnenfeld, of Sherman & Dunn, Washington, D. C., filed brief for Building & Construction Trades Dept. AFL-CIO.

Lambert H. Miller, Gen. Counsel, Edward R. Duffy, Associate Gen. Counsel, and Fred B. Haught, Asst. Counsel, Washington, D. C., filed brief for National Assn. of Mfgrs. of United States.

John H. Pratt, Gerard D. Reilly and Lawrence T. Zimmerman, Washington, D. C., filed brief for Air-Conditioning & Refrigeration Institute and Mechanical Contractors Assn., etc. as amici curiae.

Gary Green, Atty., N.L.R.B., for respondent. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost and Norton J. Come, Asst. Gen. Counsel, and Michael R. Brown, Atty., N.L.R.B., Washington, D. C., were with him on the brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and HARPER, District Judge.


VAN OOSTERHOUT, Circuit Judge.

This case is before us upon petition of American Boiler Manufacturers Association (ABMA) to review the order of the National Labor Relations Board issued August 5, 1965, reported at 154 NLRB No. 11. Jurisdiction of this court is established.

The controlling legal issues in this case are the same as those involved in our No. 18106, American Boiler Manufacturers Association v. N.L.R.B. and the cross-appeal in that case, No. 18200...

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