Paul E. Iacono Structural Engineer, Inc. v. Robert R. Humphrey, Etc.

This is an appeal from a final order of the district court disqualifying the law firm representing the defendants in an action based on alleged unfair labor practices of the defendants. The district court disqualified the firm on the ground that one of the attorneys of the firm, prior to his employment by the firm, had been a staff attorney to the National Labor Relations Board (NLRB) and in that capacity had investigated the same unfair labor practices that are the subject of this action. We have jurisdiction under 28 U.S.C. § 1291 (1976) and affirm.

FACTS

In the spring of 1978, plaintiff-appellee Paul E. Iacono Structural Engineer, Inc. (Iacono) filed several unfair labor practice charges with the NLRB. Iacono contended that secondary picketing and leafleting by several labor unions at one of Iacono’s job sites violated section 8(b) of the National Labor Relations Act, 29 U.S.C. § 158 (b) (1976). Iacono also filed an unfair labor practice charge against Carpenters Local Union No. 1622 (Local 1622), a member of defendant Alameda Building and Construction Trades Council (Alameda) for refusing to cross the picket lines of defendants.

Together with several other NLRB attorneys,…