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N. L. R. B. v. NASHVILLE BUILDING & CONSTRUCTION TRADES COUN.

Nos. 18016, 17688, 17956.

383 F.2d 562 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NASHVILLE BUILDING AND CONSTRUCTION TRADES COUNCIL, Respondent. John J. A. REYNOLDS, Jr., Regional Director of the Twenty-Sixth Region of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board, Petitioner-Appellee, v. NASHVILLE BUILDING AND CONSTRUCTION TRADES COUNCIL, Respondent-Appellant. NASHVILLE BUILDING AND CONSTRUCTION TRADES COUNCIL, Petitioner, v. Frank W. McCULLOCH, Sam Zagoria, John H. Fanning, Gerald A. Brown, and Howard Jenkins, Jr., as Chairman and Members of the National Labor Relations Board, 1717 Pennsylvania Avenue, N.W., Washington, D. C., Respondents.

United States Court of Appeals Sixth Circuit.

October 5, 1967.

Attorney(s) appearing for the Case

Carrol D. Kilgore, Nashville, Tenn., (Cecil D. Branstetter, Philip M. Carden, Nashville, Tenn., on the brief), for Nashville Bldg. & Const. Trades Council.

Julius G. Serot, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marvin Roth, Atty., N.L.R.B., Washington, D. C., on the brief), for John J. A. Reynolds, Jr., Frank W. McCulloch and others, and National Labor Relations Board.

Wells T. Lovett, Owensboro, Ky., for intervenor, Markwell & Hartz, Inc.

Before O'SULLIVAN, EDWARDS and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

This is a situs picketing dispute arising under section 8(b) (4) (B) of the Taft-Hartley Act, 29 U.S.C. § 158(b) (4) (B) (1964). The underlying controversy is between a general contractor, Markwell & Hartz, and respondent, Nashville Building and Construction Trades Council. The Building Trades Council claims the general contractor (now engaged on a major sewer project for the City of Nashville) entered into an agreement to use only...

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