# Local No. 742, United Brotherhood of Carpenters & Joiners of America v. National Labor Relations Board

> Court of Appeals for the D.C. Circuit · April 6, 1971 · 444 F.2d 895

URL: https://www.frixlaw.com/law-library/cases/8885768

## Case

- **Full name:** LOCAL NO. 742, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, John Foreman, Business Agent, and Harold Stolley, Steward v. NATIONAL LABOR RELATIONS BOARD, J. L. Simmons Company, Inc., Intervenor J. L. SIMMONS COMPANY, Inc. v. NATIONAL LABOR RELATIONS BOARD
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** April 6, 1971
- **Citations:** 444 F.2d 895
- **Precedential status:** Published
- **Opinion:** Concurrence by MacKinnon
- **Judges:** MacKinnon, Smith, Wright
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8885768

## Opinion text

MacKINNON, Circuit Judge:
I concur in the foregoing result and in the opinion, however, I wish to state my view that the mere absence of a work preservation clause in a collective bargaining agreement is not a sufficient fact to authorize the Board to completely dispose of the case by use of a per se “right to control” test. Further, that nothing we have said concerning the absence of a work preservation clause should be construed as indicating our opinion as to the inferences to be drawn from that fact when the Board, on remand, considers all the circumstances of the case. At that time the Board should consider all the facts and come to its own conclusion after considering all possible tests of the union’s objectives.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8885768. Public record. Not legal advice.