District Council No. 16 of the International Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 V. B & B Glass, Inc.

ORDER

The opinion filed on August 16, 2007 is hereby amended as follows. On page 9950, the first full paragraph is deleted and the following paragraph is substituted:

Section 8(e) of the NLRA “generally prohibits those collective-bargaining agreements which require employers to cease doing business with any other person.” Manganaro, 321 N.L.R.B. at 163. The Supreme Court has held that certain agreements between employers and labor organizations whose aim is to preserve the jobs of covered employees are not within the prohibitions of § 8(e). Nat'l Woodwork Mf'rs Ass’n v. NLRB, 386 U.S. 612, 646 , 87 S.Ct. 1250 , 18 L.Ed.2d 357 (1967). Only where a work preservation provision is “ ‘tactically calculated’ ” to further union objectives other than preservation of bargaining unit work is § 8(e) violated. NLRB v. Int’l Longshoremen’s Ass’n AFL-CIO, 447 U.S. 490, 504-05 , 100 S.Ct. 2305 , 65 L.Ed.2d 289 (1980) (quoting Nat’l Woodwork, 386 U.S. at 644 , 87 S.Ct. 1250 ) (provisions designed to achieve objectives other than preservation of bargaining unit work constitute “secondary” activity and, therefore, are unlawful).

On page 9952, in the first paragraph, the following language is…