ORANGE BELT DISTRICT COUNCIL OF PAINTERS NO. 48 v. N.L.R.B.

No. 17388.

328 F.2d 534 (1964)

ORANGE BELT DISTRICT COUNCIL OF PAINTERS NO. 48, AFL-CIO, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided January 30, 1964.


Attorney(s) appearing for the Case

Mr. Herbert M. Ansell, Washington, D. C., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, for petitioners. Mr. Herbert S. Thatcher, Washington, D. C., was on the brief for petitioners. Mr. David Barr, Washington, D. C., also entered an appearance for petitioners.

Mr. Hans J. Lehmann, Atty., National Labor Relations Board, with whom Messrs. Stuart Rothman, Gen. Counsel, National Labor Relations Board, at the time the brief was filed, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Melvin J. Welles, Atty., National Labor Relations Board, were on the brief, for respondent.

Before BAZELON, Chief Judge, and BURGER and WRIGHT, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

The central issue before us for decision is whether the unions here violated Section 8(b) (4) (ii) (B) of the Labor Act1 by making threats2 against a general contractor in the construction industry to enforce his union agreement concerning subcontracting. The Board found that the action threatened here was secondary and within the proscription...

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