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INTERNATIONAL BROTHERHOOD OF ELEC. WKRS. v. N.L.R.B.

Nos. 71-1559, 71-1712.

487 F.2d 1143 (1973)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, and Local 134, International Brotherhood of Electrical Workers, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCALS 641, 622, 759, 820 and 1263, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Florida Power & Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

Certiorari Granted January 21, 1974.

Attorney(s) appearing for the Case

Laurence J. Cohen, Washington, D.C., for petitioners in No. 71-1559.

Seymour A. Gopman, Miami Beach, Fla., for petitioners in No. 71-1712.

Daniel M. Katz, Atty., N.L.R.B., with whom Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davison, Deputy Asst. Gen. Counsel, N.L.R.B., were on the brief, for respondent.

Ray C. Muller, Miami, Fla., for intervenor in No. 71-1712.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting

Certiorari Granted January 21, 1974. See 94 S.Ct. 913.

J. SKELLY WRIGHT, Circuit Judge:

These cases were consolidated and heard en banc to resolve an important question of first impression arising under the National Labor Relations Act: Does a union commit an unfair labor practice under Section 8(b)(1)(B), 29 U.S.C. § 158(b)(1)(B) (1970), by disciplining supervisor-members for crossing a picket line and performing rank-and-file struck work during...

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