364 U.S. 573 (1961) Cited 138 times 1 Legal Analyses
Holding that "[although] it might be better . . . to intrust [jurisdictional disputes] to arbitrators, . . . Congress, after discussion and consideration, decided to intrust this decision to the Board"
In Houston Insulation Contractors' Ass'n v. NLRB, 386 U.S. 664, 87 S.Ct. 1278, 18 L.Ed.2d 389 (1967), the Court, relying largely on the reasoning in National Woodwork, held that a work preservation agreement between a company and a local union could be effectuated by another local of the same union.
Finding union cannot assert contract claims in contravention of an existing 10(k) award and thereby frustrate the purpose of section 10(k); "a union cannot force an employer to choose between a Board section 10(k) award and a squarely contrary contract claim"
In Ga.-Pac., the court affirmed the NLRB's ruling that grievances filed prior to issuance of a § 10(k) award were not coercive; the court also affirmed the NLRB's ruling that grievances filed after the issuance of a § 10(k) award could be coercive.
In NLRB v. International Brotherhood of Electrical Workers, 405 F.2d at 162, this court held that only that part of a contract that exceeds the limits of the construction industry provision is negated.