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LOCAL 742, U. BROTH. OF C. & J. v. N.L.R.B.

No. 73-1120.

533 F.2d 683 (1976)

LOCAL 742, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, J. L. Simmons Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1976.

Attorney(s) appearing for the Case

Bernard M. Mamet, Chicago, Ill., for petitioner.

Jay E. Shanklin, Atty., N.L.R.B., Washington, D.C., of the bar of the United States District Court for the District of Columbia, pro hac vice, by special leave of court, with whom John S. Irving, Deputy General Counsel, Patrick Hardin, Associate Gen. Counsel, and Elliott Moore, Asst. Gen. Counsel, N.L.R.B., Wasington, D.C., were on the brief, for respondent. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., at the time the record was filed, also entered an appearance for respondent.

S. Richard Pincus, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Milton A. Smith, Richard B. Berman and Gerard C. Smetana, Washington, D.C., were on the brief, for The Chamber of Commerce of the United States of America as amicus curiae.

Paul G. Gebhard, Chicago, Ill., entered an appearance for intervenor J. L. Simmons Co.

Before McGOWAN, ROBINSON and ROBB, Circuit Judges.

McGOWAN, Circuit Judge:

As critical, as it is subtle and difficult, is the distinction in labor law between "primary" and "secondary" activity. It is one that must be drawn by the National Labor Relations Board and reviewing courts in determining whether a labor union has violated the statutory ban on secondary boycotts. National Labor Relations Act § 8(b)(4)(B), 29 U.S.C. § 158(b)(4)(B); see National Woodwork Manufacturers Association v. NLRB,

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