Enterprise Ass'n of Steam, Hot Water, Hydraulic Sprinkler, Pneumatic Tube, Ice Machine & General Pipefitters of New York & Vicinity, Local Union No. 638 v. National Labor Relations Board

I concur in Part III of the Court’s opinion, in the bulk of its reasoning and in its judgment that the Board’s “right to control” test is inconsistent with National Woodwork Manufacturing Association v. NLRB, 386 U.S. 612, 87 S.Ct. 1250, 18 L.Ed.2d 357 (1967). My path to this conclusion makes it unnecessary for me to consider certain issues raised by the Board in its argument1 and considered in the Court’s opinion.

I

The central dilemma presented by § 8(b)(4) is well known and needs no extended recital. The section purports to prohibit any inducement to force an employer “to cease doing…