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L. 644, U. B. OF CARPENTERS, ETC. v. N.L.R.B.

No. 73-1144.

533 F.2d 1136 (1976)

LOCAL 644, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1975.

Rehearing Denied February 10, 1976.

Attorney(s) appearing for the Case

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

Robert G. Sewell, Atty., N.L.R.B., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, and Elliott Moore, Acting Asst. Gen. Counsel, N.L.R.B., were on the brief for respondent. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., also entered an appearance for respondent.

William A. Ziegler, Jr., New York City, was on the brief for intervenor Babcock and Wilcox Co.

Arthur B. Smith, Jr., entered an appearance for intervenor, Morrison Constr. Co.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit Judge LEVENTHAL.

MacKINNON, Circuit Judge:

Upholding the decision of its Administrative Law Judge (ALJ),* the National Labor Relations Board ruled that Local 644 of the United Brotherhood of Carpenters and Joiners of America had violated section 8(b)(4)(ii)(B) of the National Labor Relations Act1 by engaging...

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