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CARPENTERS' UNION v. LABOR BOARD

No. 127.

357 U.S. 93 (1958)

LOCAL 1976, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A. F. L., ET AL. v. NATIONAL LABOR RELATIONS BOARD.

Supreme Court of United States.

Decided June 16, 1958.

Attorney(s) appearing for the Case

Arthur Garrett argued the cause for petitioners in No. 127. With him on the brief was John C. Stevenson.

Dominick L. Manoli argued the causes for the National Labor Relations Board. With him on the briefs were Solicitor General Rankin, Jerome D. Fenton and Norton J. Come. With them on the briefs also were Thomas J. McDermott in No. 127 and Stephen Leonard in Nos. 273 and 324.

Louis P. Poulton argued the cause for petitioner in No. 324. With him on the brief were Plato E. Papps and George W. Christensen.

Herbert S. Thatcher argued the cause for respondent in No. 273. With him on the brief were David Previant and L. N. D. Wells, Jr.

Peter T. Beardsley and Gerard D. Reilly filed a brief for the American Trucking Associations, Inc., as amicus curiae, urging reversal in No. 273 and affirmance in No. 324.

William B. Barton filed a brief for the Chamber of Commerce of the United States, as amicus curiae, in Nos. 273 and 324.

J. Albert Woll, Thomas E. Harris and Joseph M. Stone filed a brief for the American Federation of Labor and Congress of Industrial Organizations, as amicus curiae, in Nos. 127, 273 and 324.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

These cases involve so-called "hot cargo" provisions in collective bargaining agreements. More particularly, they raise the question whether such a provision is a defense to a charge against a union of an unfair labor practice under § 8 (b) (4) (A) of the National Labor Relations Act, as amended, 61 Stat. 136, 141, 29 U. S. C. § 158 (b) (4) (A).

No. 127 arises out of a labor dispute between...

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