ENTERPRISE ASSOCIATION OF STEAM, HOT WATER, HYDRAULIC SPRINKLER, PNEUMATIC TUBE, ICE MACHINE AND GENERAL PIPEFITTERS OF NEW YORK AND VICINITY, LOCAL UNION NO. 638 OF the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 13, 1974.
Decided July 1, 1975.
Attorney(s) appearing for the Case
Martin R. Ganzglass, Washington, D. C., for petitioner. Ernest Fleischman, New York City, was on the brief for petitioner.
Jay E. Shanklin, Atty., N. L. R. B., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., were on the brief for respondent.
Gerard C. Smetana, Chicago, Ill., Milton A. Smith, Richard B. Berman and Alan Raywid, Washington, D. C., filed a brief on behalf of the Chamber of Commerce of the United States of America as amicus curiae.
Vincent J. Apruzzese and Francis A. Mastro, Springfield, N. J., filed a brief on behalf of Public Service Electric & Gas Co. and American Cyanamid Co. as amici curiae.
Kenneth C. McGuiness and Robert E. Williams, Washington, D. C., filed a brief on behalf of Air-Conditioning and Refrigeration Institute and others as amici curiae.
Patrick C. O'Donoghue, Donald J. Capuano, and Roger C. Hartley, Washington, D. C., filed a brief on behalf of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO as amicus curiae.
Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
Concurring opinion filed by Chief Judge BAZELON.
Dissenting opinion, in which Circuit Judges TAMM, ROBB, and WILKEY join, filed by Circuit Judge MacKINNON.
J. SKELLY WRIGHT, Circuit Judge:
We are required by this case to review once again the National Labor Relations Board's "right to control" test for determining whether a union has engaged in secondary activity proscribed by Section...
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