United Association of Journeymen and Apprentices of The Plumbing and Pipefitting Industry of the United States and Canada, Local 32 v. National Labor Relations Board

I.

The United States Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 32, AFL-CIO (“the Union”), petitions for review of a National Labor Relations Board (“the Board”) decision that the Union violated the National Labor Relations Act’s (“the Act”) secondary boycott provisions. 29 U.S.C. § 158 (b)(4)(ii)(B), Section 8 of NLRA *1109 (1988). 1 The Board cross-appeals for enforcement of its order. We grant the Union’s petition for review, deny enforcement of the Board’s order, and remand for further proceedings.

II.

In 1987, Ramada, Inc., the charging party in this petition, was building a hotel in the State of Washington. After soliciting bids, Ramada chose Baugh Construction Company as the general contractor for the job. Baugh Construction, in turn, subcontracted part of the job to Chapman Mechanical, Inc. Chapman Mechanical was a nonunion plumbing and mechanical firm.

In response to the selection of Chapman Mechanical as a subcontractor, Floyd Sexton, local business manager for the Union, sent a letter to the president and chief operating officer of Ramada, with copies to the officials of Baugh…