Legal Opinion

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

Court of Appeals for the D.C. Circuit

Decided July 1, 1975No. 73-1764PublishedCited by 25 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Concurring opinion filed by Chief Judge BAZELON.

Dissenting opinion, in which Circuit Judges TAMM, ■ ROBB, and WILKEY join, filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

We are required by this case to review once again the National Labor Relations Board’s “right to control” test for determining whether a union has engaged in secondary activity proscribed by Section 8(b)(4)(B) of the National Labor Relations Act, 29 U.S.C. § 158(b)(4)(B) (1970).1 The Board found that the petitioner union, Enterprise Association,…

2Cases cited20 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
  3. Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
  4. National Labor Relations Board v. Denver Building & Construction Trades CouncilSupreme Court of the United States · 1951
  5. Radio Officers' Union of the Commercial Telegraphers Union v. National Labor Relations BoardSupreme Court of the United States · 1954

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3Cited by25 opinions

  1. NLRB v. PipefittersSupreme Court of the United States · 1977
  2. National Labor Relations Board v. Enterprise Ass'n of Steam, Hot Water, Hydraulic Sprinkler, Pneumatic Tube, Ice Machine & General PipefittersSupreme Court of the United States · 1977
  3. Yellow Taxi Company of Minneapolis, D/B/A Suburban Yellow Taxi Company v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
  4. Carrier Air Conditioning Co. v. National Labor Relations Board, and Sheet Metal Workers' International Association, Local 28, Afl-Cio, IntervenorCourt of Appeals for the Second Circuit · 1976
  5. International Longshoremen's Ass'n v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1979

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