M.W. Kellogg Constructors, Inc. v. National Labor Relations Board

WALLACE, Circuit Judge:

Section 8(a)(3) of the National Labor Relations Act (NLRA) makes it an unfair labor practice for an employer by “discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.” 29 U.S.C. § 158(a)(3). Section 8(b)(2) of the NLRA makes it an unfair labor practice for a union “to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3).” 29 U.S.C. § 158(b)(2). However, section 8(f) exempts from section 8(a)(3) a construction…