Limbach Company v. Sheet Metal Workers International Association, Afl-Cio and Sheet Metal Workers International Association, Local Union No. 108

I respectfully dissent from the decision of the majority. The spectre of a large damage verdict, such as the more than $2.8 million awarded in this case, impermissibly tilts the level playing field designed by Congress.

Until this case, no court has held that the secondary boycott provisions of the National Labor Relations Act are applicable when a labor union disclaims further interest in representation of the workforce in an effort to protect its members from the effects of the double breasted operations of the employer. The majority reaches its conclusion by holding that Limbach is a…