Legal Opinion · Concurring in part, dissenting in part
Limbach Co. v. Sheet Metal Workers International Ass'n
Court of Appeals for the Third Circuit
Decided July 9, 1991No. Nos. 90-3639, 90-3606Published
1Concurring in part, dissenting in partSloviter, Chief Judge
My difference with the majority is narrow but is directed to a significant issue: whether the secondary boycott provisions of the National Labor Relations Act are applicable to a labor union seeking to protect its members from the effects of the double-breasted operations of the employer. I believe that the potential of a large damage verdict in this situation unevenly tilts the playing field designed by Congress. Thus, while I agree with the majority that there is insufficient evidence to support a jury verdict in favor of Limbach on its antitrust conspiracy claim, and I agree that the…
2Cases cited9 opinions
- National Labor Relations Board v. Denver Building & Construction Trades CouncilSupreme Court of the United States · 1951
- National Woodwork Manufacturers Ass'n v. National Labor Relations BoardSupreme Court of the United States · 1967
- International Brotherhood of Electrical Workers v. National Labor Relations BoardSupreme Court of the United States · 1951
- Radio & Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc.Supreme Court of the United States · 1965
- South Prairie Construction Co. v. Local No. 627, International Union of Operating EngineersSupreme Court of the United States · 1976
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