Preformed Metal Products Co. v. National Labor Relations Board

Sixth Circuit

Preformed Metal Products Co. v. National Labor Relations Board

396 F.2d 443

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 14, 1968

DocketNos. 17800 and 17933

StatusPublished

Cited by1 cases

This text of 396 F.2d 443 (Preformed Metal Products Co. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Preformed Metal Products Co. v. National Labor Relations Board, 396 F.2d 443 (6th Cir. 1968).

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Opinion

PER CURIAM.

This ease involves a petition by Preformed Metal Products Company, Inc., to review an order of the National Labor Relations Board and the NLRB’s petition for enforcement of the same order.

The Board found that a union¹ in the building construction industry violated section 8(b) (4) (i) and (ii) (B) of the National Labor Relations Act, 29 U.S.C. § 158 (1964). The order required the union to cease and desist from inducing strikes against a plumbing subcontractor or from coercing said subcontractor to cease doing business with Preformed Metal Products Company.

We find substantial evidence to support the Trial Examiner’s and the Board’s finding that the union induced the refusal to install petitioner’s precut insulating jacketing.

The other principal issue in this appeal, however, is whether or not the strike was “primary” because directly motivated by the union’s concern with enforcing a work preservation clause in its agreement with the employer.

The Trial Examiner and the Board passed upon the work preservation issue without the benefit of the most recent Supreme Court holdings on this topic. National Woodwork Manufacturers Assn. v. N. L. R. B., 386 U.S. 612, 87 S.Ct. 1250, 18 L.Ed.2d 357 (1967), and its companion case, Houston Insulation Contractors Assn. v. N. L. R. B., 386 U.S. 664, 87 S.Ct. 1278, 18 L.Ed. 2d 389 (1967), were decided approximately one month after entry of the Board’s order in this case. In these cases somewhat similar activities to that engaged in in this case were held to be “primary.”

Under these circumstances we remand these cases to the Board for reconsideration in the light of the two cases referred to above.

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PER CURIAM.

This ease involves a petition by Preformed Metal Products Company, Inc., to review an order of the National Labor Relations Board and the NLRB’s petition for enforcement of the same order.

The Board found that a union¹ in the building construction industry violated section 8(b) (4) (i) and (ii) (B) of the National Labor Relations Act, 29 U.S.C. § 158 (1964). The order required the union to cease and desist from inducing strikes against a plumbing subcontractor or from coercing said subcontractor to cease doing business with Preformed Metal Products Company.

We find substantial evidence to support the Trial Examiner’s and the Board’s finding that the union induced the refusal to install petitioner’s precut insulating jacketing.

The other principal issue in this appeal, however, is whether or not the strike was “primary” because directly motivated by the union’s concern with enforcing a work preservation clause in its agreement with the employer.

The Trial Examiner and the Board passed upon the work preservation issue without the benefit of the most recent Supreme Court holdings on this topic. National Woodwork Manufacturers Assn. v. N. L. R. B., 386 U.S. 612, 87 S.Ct. 1250, 18 L.Ed.2d 357 (1967), and its companion case, Houston Insulation Contractors Assn. v. N. L. R. B., 386 U.S. 664, 87 S.Ct. 1278, 18 L.Ed. 2d 389 (1967), were decided approximately one month after entry of the Board’s order in this case. In these cases somewhat similar activities to that engaged in in this case were held to be “primary.”

Under these circumstances we remand these cases to the Board for reconsideration in the light of the two cases referred to above.

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396 F.2d 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preformed-metal-products-co-v-national-labor-relations-board-ca6-1968.

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