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SHEET METAL WORKERS, LOCAL UNION NO. 91 v. N.L.R.B.

No. 89-1458.

905 F.2d 417 (1990)

SHEET METAL WORKERS, LOCAL UNION NO. 91, Affiliated with Sheet Metal Workers International Association, AFL-CIO, and Sheet Metal Workers International Association, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1990.

Attorney(s) appearing for the Case

Donald W. Fisher, Toledo, Ohio, with whom Judith E. Rivlin, Washington, D.C., was on the brief, for petitioners.

Barbara J. Sapin, Atty., N.L.R.B., with whom Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Jerry M. Hunter, Gen. Counsel, and Judith A. Dowd, Supervisory Atty., N.L.R.B., were on the brief, for respondent.

Before EDWARDS, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The issue in this case is whether respondent, National Labor Relations Board ("NLRB" or "Board"), properly determined that contractual language drafted by petitioners Sheet Metal Workers International Association ("International") and Sheet Metal Workers Local Union No. 91 ("Local No. 91") (collectively "Union") amounts to an unlawful "hot cargo" clause. The language...

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