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N. L. R. B. v. INTERN. UNION OF OP. ENGINEERS, ETC.

No. 75-1307.

532 F.2d 902 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCALS 542, et al., Respondents, York County Bridge, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Decided March 19, 1976.

As Amended April 7, 1976.

Attorney(s) appearing for the Case

Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Alan D. Cirker, Roger T. Brice, Washington, D. C., for petitioner.

Abraham E. Freedman, Martin J. Vigderman, Freedman, Borowsky & Lorry, Philadelphia, Pa., for respondents.

Earle K. Shawe, Carroll Hament, John S. Williamson, III, Warren M. Davison, Shawe & Rosenthal, Baltimore, Md., for intervenor.

Before VAN DUSEN, ADAMS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Because the means selected were not tailored to the statutory pattern, the National Labor Relations Board cut off the efforts of a trade union to eliminate what it termed the "double-breasted operation" of a contractor. The Board directed the local union to bargain with a subcontractor without insisting on certain contractual clauses designed to limit the sources from which the employer could obtain construction...

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