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LOCAL NO. 742, UNITED BRO. OF CARPENTERS & JOIN. v. N. L. R. B.

Nos. 23486, 24346.

444 F.2d 895 (1971)

LOCAL NO. 742, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, John Foreman, Business Agent, and Harold Stolley, Steward, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, J. L. Simmons Company, Inc., Intervenor. J. L. SIMMONS COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1971.

Attorney(s) appearing for the Case

Mr. Bernard M. Mamet, Chicago, Ill., for petitioner in No. 23,486.

Mr. Paul G. Gebhard, Chicago, Ill., with whom Mr. Arthur B. Smith, Jr., Chicago, Ill., was on the brief, for petitioner in No. 24,346 and intervenor in No. 23,486.

Mr. Frank Itkin, Atty., National Labor Relations Board, of the bar of the Supreme Court of New Jersey, pro hac vice, by special leave of court, for respondent. Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Mrs. Abigail Cooley Baskir, Atty., National Labor Relations Board, were on the brief for respondent. Mr. Charles R. Both, Atty., National Labor Relations Board, also entered an appearance for respondent.

Before WRIGHT and MacKINNON, Circuit Judges, and SMITH, Chief Judge, United States District Court for the District of Montana.

J. SKELLY WRIGHT, Circuit Judge:

These cases concern one of the most important, but one of the most elusive, distinctions embedded in our labor law — the distinction between "primary" and "secondary" union activity under Section 8(b) (4) (B) of the National Labor Relations Act, 29 U.S.C. § 158(b) (4) (B) (1964). J. L. Simmons Company filed charges against Local 742, alleging that the carpenters had violated that section in refusing to install prefabricated...

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