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LOCAL UNION NO. 103, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS v. N. L. R. B.

No. 75-1060.

535 F.2d 87 (1976)

LOCAL UNION NO. 103, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1976.

Rehearing Denied June 25, 1976.

Attorney(s) appearing for the Case

Sydney L. Berger, Evansville, Ind., with whom Charles L. Berger, Evansville, Ind., was on the brief, for petitioner.

Aileen A. Armstrong, Atty., N. L. R. B., Washington, D. C., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Robert A. Giannasi, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., were on the brief, for respondent.

Before DANAHER, Senior Circuit Judge, LEVENTHAL, Circuit Judge, and VAN PELT, United States Senior District Judge for the District of Nebraska.

Opinion for the Court filed by Senior Circuit Judge DANAHER.

DANAHER, Senior Circuit Judge:

Local Union No. 103 filed its petition stating the issue thus:

Whether an employer can abrogate unilaterally and breach a validly executed collective bargaining pre-hire agreement merely because the agreement was a prehire agreement in the construction industry validly entered into pursuant to Section 8(f) of the National Labor Relations Act.

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