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N.L.R.B. v. ALLIED MECHANICAL SERVICES, INC.

Nos. 12-1235, 12-1351.

734 F.3d 486 (2013)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO; Local 357, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry; Local 7 of the Sheet Metal Workers International Association, Intervenors, v. ALLIED MECHANICAL SERVICES, INC., Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2013.

Attorney(s) appearing for the Case

ARGUED: Kira Dellinger Vol , National Labor Relations Board, Washington, D.C., for Petitioner/Cross-Respondent. David M. Buday , Miller Johnson , Kalamazoo, Michigan, for Respondent/Cross-Petitioner. Nicholas R. Femia , O'Donoghue & O'Donoghue LLP, Washington, D.C., for Intervenor United Association of Journeymen. Tinamarie Pappas , Law Offices of Tinamarie Pappas, Ann Arbor, Michigan, for Intervenor UA Plumbers. ON BRIEF: Kira Dellinger Vol , Julie Broido , Linda Dreeben , National Labor Relations Board, Washington, D.C., for Petitioner/Cross-Respondent. David M. Buday , Gregory P. Ripple , Miller Johnson , Kalamazoo, Michigan, for Respondent/Cross-Petitioner. Nicholas R. Femia , O'Donoghue & O'Donoghue LLP, Washington, D.C., for Intervenor United Association of Journeymen. Tinamarie Pappas , Law Offices of Tinamarie Pappas, Ann Arbor, Michigan, for Intervenor UA Plumbers.

ROGERS, J., delivered the opinion of the court, in which McKEAGUE, J. joined. DAUGHTREY, J. (pp. 495-503), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Allied Mechanical Services, a union contractor, filed suit against employee unions and their affiliates claiming that the unions improperly interfered with benefits promised to Allied in an agreement with one of the unions. Allied alleged breach of the collective bargaining agreement and violations under the section of the National Labor Relations Act (NLRA) used to punish so-called secondary boycotts. The district court dismissed...

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