Local Union No. 636, United Association of Journeymen & Apprentices of Plumbing & Pipefitting Industry v. National Labor Relations Board

J. SKELLY WRIGHT, Circuit Judge:

The National Labor Relations Board found that the petitioner union engaged in unfair labor practices within the meaning of Section 8(b) (4) (i) and (ii) (B) of the National Labor Relations Act, 29 U.S.C. § 158(b) (4) (i) and (ii) (B) (1964). In finding that the union had engaged in proscribed secondary activity, the Board relied exclusively on its “right to control” test. For the reasons set out below, we believe this reliánce was misplaced, and we reverse the Board’s finding.

I

The facts are undisputed. At all times relevant to this case Local 636 of the…