Auburndale Freezer Corp., and Minute Maid Company v. National Labor Relations Board

I respectfully dissent.

I

The line between legitimate primary and unlawful secondary activity is relatively easy to draw where the primary and secondary employers have separate work-sites. A more difficult problem is presented in the common situs cásese “where both the struck employer and ‘secondary’ or ‘neutral’ employers are *1223carrying on business activities.” Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 1969, 394 U.S. 369, 388, 89 S.Ct. 1109, 22 L.Ed.2d 344. As the Board observed, “[i]n determining whether or not the Auburndale warehouse is a common situs the question is…