PLASTERERS LOCAL UNION NO. 79, OP. P. & C. M. I. A. v. N. L. R. B.

No. 22073.

440 F.2d 174 (1970)

PLASTERERS LOCAL UNION NO. 79, OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Texas State Tile & Terrazzo Co., Inc., et al., and Local Union 20 Bricklayers, etc., Local Union 108 International Association of Marble, etc., Polishers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1970.

Petition for Rehearing Denied October 1, 1970.

Certiorari Granted March 22, 1971.


Attorney(s) appearing for the Case

Mr. Donald J. Coapuano, Washington, D. C., with whom Mr. Martin F. O'Donoghue, Washington, D. C., was on the brief, for petitioner.

Mr. Peter Ames Eveleth, Atty., National Labor Relations Board, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Assistant General Counsel, Elliott Moore and Hans J. Lehmann, Attorneys, National Labor Relations Board, were on the brief, for respondent.

Mr. Wayne S. Bishop, Washington, D. C., for intervenors, Tile Contractors Association of America, Inc., Texas State Tile & Terrazzo Co., et al.

Mr. Jerry D. Anker, Washington, D. C., for union intervenors.

Messrs. Louis Sherman and Elihu I. Leifer, Washington, D. C., filed a brief on behalf of the Building and Construction Trades Department, AFL-CIO, as amicus curiae.

Miss Leslie Thacker, Houston, Tex., filed a brief on behalf of Ceramic Tile Institute of America, et al., as amicus curiae.

Before McGOWAN, LEVENTHAL, and MacKINNON, Circuit Judges.


Certiorari Granted March 22, 1971. See 91 S.Ct. 1195.

LEVENTHAL, Circuit Judge:

This appeal concerns the provisions of the National Labor Relations Act ("Act"), 29 U.S.C. § 141 et seq., applicable to jurisdictional disputes. The particular jurisdictional dispute involves whether the job of applying a coat of mortar on a wall to be tiled should be given to the Plasterers or the Tile Setters (that is, to petitioner, Plasterers Local Union No. 79, Operative...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases