Constar, Inc., and David Butler Co. v. Plumbers Local 447

DUNIWAY, Circuit Judge:

I. FACTS.

This is an action for damages under § 303 of the National Labor Relations Act, as amended, 29 U.S.C. § 187(b). The plaintiffs are a building contractor and a developer; the defendant is a labor union. Judgment was for the union.

Constar, the general contractor for a building, contracted for the plumbing work with Ponderosa Plumbing, and Ponderosa had a dispute with defendant union. At the construction site, which was fenced, Constar designated one gate as “reserved” for Ponderosa. There, the union could and did picket whenever Ponderosa was doing work or having…