American Boiler Manufacturers Ass'n v. National Labor Relations Board

HEANEY, Circuit Judge.

This is a companion case to the St. Paul case (404 F.2d 547) and is before this Court for the second time.1 Two issues are raised on appeal:2 (1) *558Is the fabrication clause a per se violation of§8(e)? (2) Is it a violation of § 8(b) (4) (B) for a union to threaten to strike to enforce a valid work-preservation clause if, at the time of the threat, the employer does not have the “right of control ?”

We answer the first question in the negative for the reasons stated in the companion St. Paul case.

We answer the second question in the negative for the reasons stated hereafter.