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CARPET, LINOLEUM, SOFT TILE, ETC., LOC. U. NO. 419 v. N. L. R. B.

No. 71-1320.

467 F.2d 392 (1972)

CARPET, LINOLEUM, SOFT TILE AND RESILIENT FLOOR COVERING LAYERS, LOCAL UNION NO. 419, AFLCIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Sears, Roebuck and Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1972.

Attorney(s) appearing for the Case

Mr. David S. Barr, Washington, D. C., with whom Mr. Philip Hornbein, Jr., Denver, Colo., was on the brief, for petitioner.

Mr. Baruch A. Fellner, Atty., N. L. R. B., with whom Messrs. Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., were on the brief, for respondent.

Mr. Kalvin M. Grove, Chicago, Ill., for intervenor.

Mr. Harry L. Browne, Kansas City, Mo., filed a brief on behalf of the American Retail Federation, as amicus curiae urging affirmance. Mr. James R. Willard, Kansas City, Mo., also entered an appearance for the American Retail Federation, as amicus curiae.

Before FAHY, Senior Circuit Judge, and ROBINSON and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

In June of 1969, the National Labor Relations Board (Board or Labor Board) issued a Decision and Order against Carpet, Linoleum, Soft Tile and Resilient Floor Covering Layers, Local 419, AFL-CIO (hereinafter referred to as the Union), finding that the Union had violated section 8(b)(4)(i) and (ii)(B) of the National Labor Relations Act, as amended (N.L.R.A.),1 by engaging in a secondary boycott against Sears,...

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