Acco Construction Equipment, Inc. v. National Labor Relations Board, International Union of Operating Engineers, Local Union No. 12 v. National Labor Relations Board

511 F.2d 848 88 L.R.R.M. (BNA) 2536 , 76 Lab.Cas. P 10,619 ACCO CONSTRUCTION EQUIPMENT, INC., et al., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 12, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Nos. 73--2224 and 73--2431. United States Court of Appeals, Ninth Circuit. Jan. 20, 1975. Paul, Hastings, Janofsky & Walker, Leonard S. Janofsky, Paul Grossman, Los Angeles, Cal. (argued), for petitioners (Charging in 74--2431). Robert M. Simpson, Rose, Klein & Marias, Los Angeles, Cal. (argued), for intervenor (petitioner in 74--2431). Michael Winer of N.L.R.B. (argued), Washington, D.C., for respondent N.L.R.B. Before HUFSTEDLER and CHOY, Circuit Judges, and McNICHOLS, * District Judge. OPINION CHOY, Circuit Judge: 1 This labor dispute concerns the validity of a hot cargo clause in a collective bargaining agreement between Local 12 of the International Union of Operating Engineers and several associations representing building contractors in the San Diego and Los Angeles areas. 1 The agreement, which encompasses nearly 10,000 employers, restricts the freedom of the contractors to employ…