Uscp-Wesco, Inc. v. National Labor Relations Board, United Food and Commercial Workers Union, Intervenors

SCHROEDER, Circuit Judge:

The issue in this case is whether the National Labor Relations Board properly quashed notice of a hearing in a proceeding under section 10(k) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 160(k). That section provides for the resolution of jurisdictional disputes when it is charged that a union is attempting to force an employer to assign work to its members in violation of 8(b)(4)(D) of the NLRA, 29 U.S.C. § 158(b)(4)(D). 1 The Board found that under section 10(k) and section 8(b)(4)(D), this was not a jurisdictional dispute. Petitioners contend that we…