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ROAD SPRINKLER FITTERS LOCAL UNION v. N.L.R.B.

Nos. 84-1622, 85-1002.

789 F.2d 9 (1986)

ROAD SPRINKLER FITTERS LOCAL UNION NO. 669, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. A-1 FIRE PROTECTION, INC. and Corcoran Automatic Sprinklers, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Road Sprinkler Fitters Local 669, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1986.

Attorney(s) appearing for the Case

Hiran S. Grossman, Flint, Mich., for petitioners, A-1 Fire Protection, Inc., et al. in No. 85-1002.

William W. Osborne, Jr., Washington, D.C., for petitioner, Road Sprinkler Fitters Local Union No. 669, in No. 84-1622 and as intervenor in No. 85-1002.

Karen J. Ward, Atty., N.L.R.B., with whom Robert E. Allen, Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., were on brief, for respondent in Nos. 84-1622 and 85-1002.

Before EDWARDS and GINSBURG, Circuit Judges, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case involves a determination by the National Labor Relations Board ("the Board") that two affiliated employers, A-1 Fire Protection, Inc. ("A-1"), which is nonunion, and Corcoran Automatic Sprinklers, Inc. ("CAS"), which is unionized, violated section 8(a)(1) and 8(a)(5) of the National Labor Relations Act ("the Act")1 by diverting bargaining...

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