Legal Opinion · Dissent

Pacific Northwest Chapter of Associated Builders & Contractors, Inc. v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided April 17, 1981No. Nos. 78-3469, 78-3487, 78-3619, 78-3468 and 79-7011Published

1DissentSneed, Circuit Judge

(with whom

CHOY, ANDERSON and FARRIS, Circuit Judges, concur) dissenting:

As with many legal issues, where one ends up in this case depends upon where one starts. While I have no disagreement with the court’s holding that union signatory clauses are secondary and within the scope of section 8(e), I respectfully dissent from its holding that such clauses are invariably within the construction industry pro*1325viso to section 8(e) when a collective bargaining relationship exists between the employer and the union seeking the clause. The majority reaches its conclusion by commencing with the view that…

2Cases cited8 opinions

Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
National Woodwork Manufacturers Ass'n v. National Labor Relations BoardSupreme Court of the United States · 1967
Connell Construction Co. v. Plumbers & Steamfitters Local Union No. 100Supreme Court of the United States · 1975
Local 1976, United Brotherhood of Carpenters & Joiners v. National Labor Relations BoardSupreme Court of the United States · 1958
National Labor Relations Board v. International Union of Operating Engineers, Locals 542, York County Bridge, Inc., IntervenorCourt of Appeals for the Third Circuit · 1976

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