Local 644, United Brotherhood of Carpenters and Joiners of America, Afl-Cio v. National Labor Relations Board

In my opinion the Board’s order here cannot be affirmed, because it rests on a per se approach to “union signatory” subcontracting clauses that embodies legal error. The Board transforms what appears to be a local union’s work preservation dispute over the subcontracting of unit work into a secondary boycott illegal under § 8(b)(4)(B) of the National Labor Relations Act, without undertaking the inquiry — mandated by the Supreme Court in National Woodwork Manufacturers Ass’n v. NLRB, 386 U.S. 612, 644, 87 S.Ct. 1250, 1268, 18 L.Ed.2d 357 (1967) — “into whether, under all the surrounding…