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K & K Construction Co. v. National Labor Relations Board

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 9, 1979

K & K CONSTRUCTION CO., INC., PETITIONER
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT

Local Union No. 399, United Brotherhood of Carpenters and Joinders of America, AFL-CIO, Intervenor

SUR PETITION FOR REHEARING

Present: SEITZ, Chief Judge and GIBBONS and WEIS, Circuit Judges.

The petition for rehearing filed by Intervenor in the above entitled case having been submitted to the judges who participated in the decision of the court, and after consideration of said petition, it is

Ordered that the slip opinion be amended as follows:

Footnote 2 on page 7 is amended to read as follows:

"See, e.g., Hoffman v. Cement Masons Local 337, 468 F.2d 1187 (9th Cir. 1972), cert. denied, 411 U.S. 986 (1973); American Bread Co. v. NLRB, 411 F.2d 147 (6th Cir. 1969); Honolulu Typographical Union No. 37 v. NLRB, 401 F.2d 952 (D.C. Cir. 1968); NLRB v. Local 254, Bldg. Serv. Employees Int'l Union, 376 F.2d 131 (1st Cir. 1967); NLRB v. Building Serv. Employees Local 105, 367 F.2d 227 (10th Cir. 1966); NLRB v. Millmen Union Local No. 550, 367 F.2d 953 (9th Cir. 1966); NLRB v. Local 254, Bldg. Serv. Employees Int'l Union, 359 F.2d 289 (1st Cir. 1966), cert. denied, 389 U.S. 856 (1967)."

The first full paragraph on page 8 of the slip opinion shall begin as follows:

"In Honolulu Typographical Union No. 37 v. NLRB, 401 F.2d 952 (D.C. Cir. 1968), the Court of Appeals for the District of Columbia agreed with the Board that Tree Fruits was inapplicable where the struck product had become an integral part of the retailer's entire offering, so that the product boycott of necessity encompassed the entire business of the secondary employer. Agreeing with Honololu Typographical Union No. 37 that a boycott of the struck product was illegal...."

Footnote 3 on page 8 is deleted, with subsequent renumbering of footnotes following to accommodate the deletion.

It is FURTHER ORDERED that the petition for panel rehearing is denied.

By THE COURT,

JOSEPH F. WEIS JR., Circuit Judge

19790309

© 1998 VersusLaw Inc.



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