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CARRIER AIR CONDITIONING CO. v. N.L.R.B.

No. 25, Docket 76-4046.

547 F.2d 1178 (1976)

CARRIER AIR CONDITIONING CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Sheet Metal Workers' International Association, Local 28, AFL-CIO, Intervenor.

United States Court of Appeals, Second Circuit.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Kenneth C. McGuiness, Washington, D. C. (Robert E. Williams, Douglas S. McDowell, Washington, D. C., of counsel), for petitioner.

Michael S. Winer, Atty., N. L. R. B., Washington, D. C. (John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John S. Rother, Atty., N. L. R. B., of counsel), for respondent.

Sol Bogen, New York City, for intervenor.

George Miron, Washington, D. C. (Wyman, Bautzer, Rothman & Kuchel, Washington, D. C., of counsel), on brief for Air-Conditioning and Refrigeration Institute, Air Moving and Conditioning Association, American Boiler Manufacturers Association, American Consulting Engineers Council, Architectural Woodwork Institute, Associated Builders and Contractors, Inc., National Society of Professional Engineers, and National Woodwork Manufacturers Association, as amici curiae in support of petitioner.

Before SMITH, OAKES and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

A respected commentator on the difficult subject of labor secondary boycotts has written that "[t]he pressures created by momentous problems of productivity and job security under changing technological and market conditions are contained or released by no more sensitive a legal instrument than a legislative determination to protect neutrals from being drawn into the disputes of others."1 The case before us presents...

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