Legal Opinion

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 79-7011PublishedCited by 1 opinion

1Opinion of the Court

CANBY, Circuit Judge.

These cases raise important questions concerning the scope of § 8(e) of the National Labor Relations Act, 29 U.S.C. § 158(e), which prohibits “hot cargo” agreements. The primary issue is whether the construction industry proviso to § 8(e) renders lawful clauses in collective bargaining contracts forbidding the employers to subcontract work at any construction site to a firm not having a contract with the signatory union. Additional issues are whether unions may picket or strike to induce an employer to enter these agreements and whether the agreements, once entered, may…

2Cases cited28 opinions

  1. National Labor Relations Board v. Denver Building & Construction Trades CouncilSupreme Court of the United States · 1951
  2. National Woodwork Manufacturers Ass'n v. National Labor Relations BoardSupreme Court of the United States · 1967
  3. National Labor Relations Board v. Local Union No. 103, International Ass'n of Bridge, Structural & Ornamental Iron WorkersSupreme Court of the United States · 1978
  4. Connell Construction Co. v. Plumbers & Steamfitters Local Union No. 100Supreme Court of the United States · 1975
  5. Beth Israel Hospital v. National Labor Relations BoardSupreme Court of the United States · 1978

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3Cited by1 opinion

  1. Pacific Northwest Chapter of the Associated Builders & Contractors, Inc. v. National Labor Relations Board v. International Union of Operating Engineers, Local No. 701, Intervenor. Oregon-Columbia Chapter, the Associated General Contractors of America, Inc. v. National Labor Relations Board v. International Union of Operating Engineers, Local No. 701, Intervenor. International Union of Operating Engineers, Local No. 701 v. National Labor Relations Board, Woelke & Romero Framing, Inc. v. National Labor Relations Board v. Carpenters Local No. 944 and Carpenters Local No. 235, Intervenors. National Labor Relations Board v. Carpenters Local No. 944, United Brotherhood of Carpenters & Joiners of America, Afl-Cio, and Carpenters Local No. 235, United Brotherhood of Carpenters & Joiners of America, Afl-CioCourt of Appeals for the Ninth Circuit · 1981

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