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GRIFFITH CO. v. NATIONAL LABOR RELATIONS BD.

Nos. 79-7394, 80-7103.

660 F.2d 406 (1981)

GRIFFITH COMPANY; J. W. Hicks Construction Co. and Security Paving Co., Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local No. 12, International Union of Operating Engineers and Operating Engineers Health & Welfare Fund, et al., Intervenors. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION 12, Respondent, Griffith Company et al., and Operating Engineers Health and Welfare Fund et al., Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1981.

Attorney(s) appearing for the Case

John H. Stephens, Cox, Castle, & Nicholson, Los Angeles, Cal., for Griffith Co., etc.

John H. Ferguson, Washington, D.C., argued, for NLRB; Elliott Moore and John H. Ferguson, Washington, D. C., on brief for NLRB.

Wayne Jett, Los Angeles, Cal., for Operating Engineers Health & Welfare Fund.

Before CANBY and REINHARDT, Circuit Judges, and HILL, District Judge.

CANBY, Circuit Judge:

This case returns for appellate review having been previously remanded to the Board for further consideration. 545 F.2d 1194 (9th Cir. 1976), cert. denied, 434 U.S. 854, 98 S.Ct. 171, 54 L.Ed.2d 125 (1977). The present petition raises several issues. The primary question presented is whether the construction industry's limited exemption from hot cargo agreements, § 8(e) of the National Labor Relations...

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