The opinion
WASHINGTON, Circuit Judge
(concurring in the result):
The Board found that petitioners had violated one of the secondary boycott provisions of Section 8(b) (4) (A) of the Act, as amended, 29 U.S.C. § 158 (b) (4) (A) (1958), and sought enforcement of its cease and desist order in this court. Petitioners have sought review in order to have the Board’s order set aside. Petitioners do not contest that the activities in question would violate the Act if done by a labor organization. The principal issue involved is whether MMP should be regarded as a labor organization within the meaning of Section 8(b) (4) (A)’s proscription of secondary boycott activities, when the activities involved are for the benefit of non-employees. In the light of the Board’s finding, supported by the evidence, that there is substantial participation by employees in the union, I think that the Board was justified in treating MMP as a labor organization in this context. The Board’s conclusion that Local 47, with only non-employee members, violated Section 8(b) (4) (A) as an agent of MMP is also supported in the record. See, generally, National Marine Engineers Beneficial Ass’n v. National Labor Relations Board, 274 F.2d 167 (2d Cir. 1960),