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K & K CONST. CO., INC. v. N.L.R.B.

No. 78-1059.

592 F.2d 1228 (1979)

K & K CONSTRUCTION CO., INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Local Union No. 399, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Intervenor.

United States Court of Appeals, Third Circuit.

Decided January 12, 1979.

Attorney(s) appearing for the Case

Ronald L. Tobia, Kent A. F. Weisert, Schwartz, Steinberg, Tobia & Stanziale, East Orange, N. J., for petitioner; Robert J. Hickey, Peter Kilgore, Kirlin, Campbell & Keating, Washington, D. C., of counsel.

Theodore S. Meth, Meth, Wood, Jahos & Broege, Red Bank, N. J., for intervenor; Robert M. Wood, Red Bank, N. J., of counsel.

Michael S. Winer, Mary Schuette, National Labor Relations Board, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Dep. Assoc. Gen. Counsel, National Labor Relations Board, Washington, D. C., for respondent.

Before SEITZ, Chief Judge and GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Area standards picketing by a construction union directed at a contractor but carried on at a housing developer's sales office is the subject of this appeal. A divided National Labor Relations Board refused to find that the union's activity was within the prohibition against secondary picketing included in the 1959 amendments to the National Labor Relations Act. We conclude that the Board erred in characterizing...

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