Enterprise Ass'n of Steam, Hot Water, Hydraulic Sprinkler, Pneumatic Tube, Ice Machine & General Pipefitters of New York & Vicinity, Local Union No. 638 v. National Labor Relations Board

MacKINNON, Circuit Judge,

with whom TAMM, ROBB and WILKEY, Circuit Judges, join (dissenting):

We review here a determination of the National Labor Relations Board that Enterprise Association engaged in an illegal secondary boycott as proscribed by section 8(b)(4)(B) when it sought to enforce its interpretation of a clause in its collective bargaining contract wherein the employer agreed that certain pipefitting operations would be performed at the job-site. The majority opinion concerns itself almost entirely with the validity of the “right-to-eontrol test” which it asserts the Board used as…