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DALLAS BUILDING AND CONSTRUCTION TRADES COUNCIL v. N. L. R. B.

No. 21057.

396 F.2d 677 (1968)

DALLAS BUILDING AND CONSTRUCTION TRADES COUNCIL, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Dallas County Construction Employers Association, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 23, 1968.

Attorney(s) appearing for the Case

Mr. David R. Richards, Dallas, Tex., for petitioner.

Mr. Allen J. Berk, Attorney, National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Gary Green, Attorney, National Labor Relations Board, were on the brief, for respondent.

Mr. William L. Keller, Dallas, Tex., with whom Mr. George Allen Butler, Dallas, Tex., was on the brief, for intervenor.

Messrs. Louis Sherman and Laurence J. Cohen, Washington, D. C., filed a brief on behalf of Building and Construction Trades Department AFL-CIO, as amicus curiae.

Before PRETTYMAN, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.

McGOWAN, Circuit Judge:

This judicial review proceeding under the National Labor Relations Act, 29 U.S.C. § 151 et seq., presents primarily a problem of the relationship between the construction industry proviso of Section 8(e), on the one hand, and Section 8(b) (7) (A), on the other. The former makes valid an agreement in the construction industry relating to the contracting or subcontracting of work, which agreement might otherwise fall afoul of the Section...

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