NLRB v. PLASTERERS' UNION

No. 70-63.

404 U.S. 116 (1971)

NATIONAL LABOR RELATIONS BOARD v. PLASTERERS' LOCAL UNION NO. 79, OPERATIVE PLASTERERS' & CEMENT MASONS' INTERNATIONAL ASSN., AFL-CIO, ET AL.

Supreme Court of United States.

Decided December 6, 1971


Attorney(s) appearing for the Case

Norton J. Come argued the cause for petitioner in No. 70-63. With him on the brief were Solicitor General Griswold, Richard B. Stone, Arnold Ordman, Dominick L. Manoli, and Marvin Roth. Wayne S. Bishop argued the cause and filed a brief for petitioners in No. 70-65.

Donald J. Capuano argued the cause for respondents. With him on the brief were Martin F. O'Donoghue and Patrick C. O'Donoghue.

Laurence Gold argued the cause for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging affirmance. On the brief was Thomas E. Harris.

Briefs of amici curiae urging reversal were filed by Joseph M. Stone, George L. Plumb, and Betty Southard Murphy for Associated General Contractors of America et al.; by Robert J. Connerton, Arthur M. Schiller, and Jules Bernstein for the Laborers' International Union of North America, AFL-CIO; and by Albert E. Jenner, Jr., and Chester T. Kamin for the Scientific Apparatus Makers Assn.

Louis Sherman and Elihu I. Leifer filed a brief for the Building and Construction Trades Department, AFL-CIO, as amicus curiae urging affirmance.


MR. JUSTICE WHITE delivered the opinion of the Court.

When a charge is filed under § 8 (b) (4) (D) of the National Labor Relations Act, as amended, the provision1 banning so-called jurisdictional disputes, the Board must under § 10 (k) "hear and determine the dispute out of which [the] unfair labor practice shall have arisen, unless. . . the parties to such dispute" adjust or agree upon...

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