Felix Frankfurter

“ The early decisions of the Board following the Taft-Hartley amendments involved activity which took place around the secondary employer's premises. For example, in Wadsworth Building Co., supra, the union set up a picket line around the situs of a builder who had contracted to purchase prefabricated houses from the primary employer. ”

“ The independent contractors are utilized for a great variety of tasks on the Appliance Park premises. Some do construction work on new buildings; some install and repair ventilating and heating equipment; some engage in retooling and rearranging operations necessary to the manufacture of new models; others do 'general maintenance work.' These services are contracted to outside employers either because the company's employees lack the necessary skill or manpower, or because the work can be done more economically by independent contractors. ”

“ Since 1954, General Electric sought to confine the employees of independent contractors, described hereafter, who work on the premises of the Park, to the use of Gate 3-A and confine its use to them. The undisputed reason for doing so was to insulate General Electric employees from the frequent labor disputes in which the contractors were involved. Gate 3-A is 550 feet away from the nearest entrance available for General Electric employees, suppliers, and deliverymen. ”

“ It may well turn out to be that the instances of these maintenance tasks were so insubstantial as to be treated by the Board as de minimis. We cannot here guess at the quantitative aspect of this problem. It calls for Board determination. For determination of the questions thus raised, the case must be remanded by the Court of Appeals to the Board. ”

“ See also Newspaper & Mail Deliverers' Union (Interborough News Co.) , 90 N.L.R.B. 2135; International Brotherhood of Teamsters (Di Giorgio Wine Co.) , 87 N.L.R.B. 720; International Brotherhood of Teamsters (Rice Milling Co.) , 84 N.L.R.B. 360.
In United Electrical Workers (Ryan Construction Corp.) , 85 N.L.R.B. 417, Ryan had contracted to perform construction work on a building adjacent to the Bucyrus plant and inside its fence. A separate gate was u t through the fence for Ryan's employees which no employee of Bucyrus ever used. ”

“ Local 294, International Brotherhood of Teamsters, 2 Cir., 284 F.2d 887, 889.
But not all so-called secondary boycotts were outlawed in § 8 (b) (4) (A) . 'The section does not speak generally of secondary boycotts. ”