Legal Opinion

Can-Am Plumbing, Inc. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided February 28, 2003No. 01-1463PublishedCited by 16 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Can-Am Plumbing, Inc. (“Can-Am”) petitions for review of the National Labor Relation Board’s decision that Can-Am violated sections 7 and 8(a)(1) of the National Labor Relations Act (“the Act”), 29 U.S.C. §§ 157, 158(a)(1) (2000), by filing and maintaining a state court lawsuit concerning a union’s job targeting program that was preempted by the Act. Contrary to Can-Am’s view, BE & K Construction Co. v. NLRB, 536 U.S. 516, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002), did not extend the analytical framework of Bill Johnson’s…

2Cases cited19 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  3. Bill Johnson's Restaurants, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1983
  4. Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978
  5. National Labor Relations Board v. United Food & Commercial Workers Union, Local 23Supreme Court of the United States · 1987

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3Cited by16 opinions

  1. American Steel Erectors, Inc. v. Local Union No. 7, International Ass'n of Bridge, Structural, Ornamental & Reinforcing Iron WorkersCourt of Appeals for the First Circuit · 2008
  2. Small ex rel. National Labor Relations Board v. Operative Plasterers' & Cement Masons' International Ass'n Local 200Court of Appeals for the Ninth Circuit · 2010
  3. Idaho Building & Construction Trades Council, AFL-CIO v. Inland Pacific Chapter of Associated Builders & Contractors, Inc.Court of Appeals for the Ninth Circuit · 2015
  4. Constellium Rolled Products Ravenswood, LLC v. NLRBCourt of Appeals for the D.C. Circuit · 2019
  5. Constellium Rolled Products Ravenswood, LLC v. NLRBCourt of Appeals for the D.C. Circuit · 2022

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