GEORGE KOCH SONS, INC. v. N. L. R. B.

Nos. 73-1019, 73-1480.

490 F.2d 323 (1973)

GEORGE KOCH SONS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. LOCAL UNION NO. 438, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 14, 1973.


Attorney(s) appearing for the Case

Winthrop A. Johns, Washington, D.C. and Joseph A. Yocum, Evansville, Ind. (Johns & Zimmerman, Washington, D.C. and Kahn, Dees, Donovan & Kahn, Evansville, Ind., on brief), for petitioner in No. 73-1019.

Gerard C. Smetana, Chicago, Ill. (Milton A. Smith, Gen. Counsel, Otto F. Wenzler and Richard B. Berman, Labor Relations Counsel, Washington, D.C., S. Richard Pincus, Lederer, Fox & Grove, Chicago, Ill., on brief), for amicus curiae, The Chamber of Commerce of the United States in No. 73-1019.

Vincent J. Apruzzese, Springfield, N. J. (Francis A. Mastro, Apruzzese & McDermott, Springfield, N.J., on brief), for amici curiae, Public Service Electric and Gas Co., etc., in Nos. 73-1019 and 73-1480.

Cosimo C. Abato, Baltimore, Md. (Anthony A. Abato, Jr., Bracken & Abato, P. A., and Paul E. Gaeng, Baltimore, Md., on brief), for petitioners in No. 73-1480.

Roger C. Hartley, Washington, D.C. (Patrick C. O'Donoghue and Donald J. Capuano, Washington, D.C., on brief), for amicus curiae, United Assn.

Kenneth C. McGuiness and Robert E. Williams, Washington, D.C., on brief for amici curiae, Air-Conditioning and Refrigeration Institute, and others.

Jay E. Shanklin, Atty., N.L.R.B. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel, Washington, D.C., on brief), for respondent in Nos. 73-1019 and 73-1480.

Before BRYAN, Senior Circuit Judge, and CRAVEN and WIDENER, Circuit Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

A secondary boycott in violation of the National Labor Relations Act, Section 8(b)(4)(i)(ii)(B), 29 U.S.C. § 158(b)(4)(i)(ii)(B), as amended,1 was pursued by each of two labor unions, the National Labor Relations Board has found.2 On the charges of a general contractor,3 complaints were issued...

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