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

No. 19033.

404 F.2d 547 (1968)

AMERICAN BOILER MANUFACTURERS ASSOCIATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local Union 455 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Intervenor.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 21, 1969.

Rehearing Denied January 29, 1969.

Attorney(s) appearing for the Case

Kenneth C. McGuiness, of Vedder, Price, Kaufman, Kammholz & McGuiness, Washington, D. C., for petitioner; Stanley R. Strauss, Washington, D. C., on brief and reply brief.

Leonard M. Wagman, Atty., National Labor Relations Board, Washington, D. C., for respondent; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Gary Green, Atty., N. L. R. B., with him on briefs.

Donald J. Capuano, of O'Donoghue & O'Donoghue, Washington, D. C., for intervenor, United Assn. Pipefitters Local Unions 455 and 539; Martin F. O'Donoghue and Patrick C. O'Donoghue, Washington, D. C., on brief with him.

Gerard D. Reilly, Winthrop A. Johns and Lawrence T. Zimmerman, Washington, D. C., for Associated General Contractors of America and Mechanical Contractors Assn. of America, Inc., and John H. Pratt, Washington, D. C., for Air-Conditioning and Refrigeration Institute, on brief as amici curiae for Associated General Contractors of America, Mechanical Contractors Assn. of America, Inc., and Air-Conditioning and Refrigeration Institute.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

Rehearing En Banc Denied January 21, 1969.

HEANEY, Circuit Judge.

This is the second time that this matter has been before this Court. On the first occasion, we enforced the Board's order in part. We then remanded the matter to the Board to determine the legality of a "fabrication" clause in a collective bargaining agreement between the United Association Pipe Fitters Local Union No. 455, and the St. Paul Association of Plumbing, Heating and Mechanical Contractors...

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