Small ex rel. National Labor Relations Board v. Operative Plasterers' & Cement Masons' International Ass'n Local 200

This appeal arises from a dispute between two unions over the right to perform certain plastering work as subcontractors for contractor Standard Drywall, Inc. (“SDI”). The National Labor Relations Board (the “Board”) awarded the work to the Southwest Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America (“the Carpenters”), whereupon the other union, Op *486 erative Plasterers’ and Cement Masons’ International Association, Local 200, AFL-CIO (“Local 200”), filed two state court lawsuits against SDI, alleging (1) violation of wage and hour laws; and (2) tortious interference with contract. James F. Small, the Regional Director of Region 21 of the Board (“Regional Director”) lodged a complaint with the Board, charging that the two state lawsuits are unlawful under the National Labor Relations Act (“NLRA” or the “Act”) because they seek to coerce SDI to reassign the plastering work to Local 200. The Regional Director then sought and was awarded a preliminary injunction against Local 200 to halt the state court proceedings pending the Board’s final determination as to their legality under the Act. We must decide whether the district court abused its…