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N.L.R.B. v. SHEET METAL WORKERS' INT'L ASS'N

Nos. 97-3459, 97-3470.

154 F.3d 137 (1998)

NATIONAL LABOR RELATIONS BOARD, Petitioner No. 97-3459 v. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 19 Associated Buildings And Contractors, Inc., Southeast Pennsylvania, Keystone, Delaware and New Jersey Chapters, Amicus Curiae SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 19, Petitioner No. 97-3470 v. NATIONAL LABOR RELATIONS BOARD, Associated Buildings and Contractors, Inc., Southeast Pennsylvania, Keystone, Delaware and New Jersey Chapters, Amicus Curiae

United States Court of Appeals, Third Circuit.

Decided August 31, 1998.

Attorney(s) appearing for the Case

Bruce E. Endy (argued), Spear, Wilderman, Borish, Endy, Spear and Runckel, Philadelphia, PA, for Local Union 19.

Aileen A. Armstrong, Deputy Associate General Counsel, Jeffrey L. Horowitz (argued), Frederic C. Harvard, National Labor Relations Board, Washington, DC, for National Labor Relations Board.

Lawrence C. Coburn, Pepper Hamilton LLP, Philadelphia, PA, for amicus curiae.

Before: ROTH and MCKEE, Circuit Judges, and O'NEILL, Senior District Judge

OPINION OF THE COURT

O'NEILL, Senior District Judge:

This case requires us to decide whether a labor union may be liable for unfair labor practices under the National Labor Relations Act (NLRA or the Act), 29 U.S.C.A. § 151-160 (West 1973), due to the actions of fellow unions pursuant to a joint venture theory of agency. We answer that question in the negative and remand to the Board for further proceedings...

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