11-1371 Lineback v. Irving Ready-Mix, Inc.

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Labor
Ready-mix concrete

Ready-mix concrete delivery companies and similar businesses that deliver construction materials to job sites are not engaged in construction for purposes of section 8(f).

“Like other construction material manufacturers and suppliers, ready-mix concrete falls in a grey area between construction labor, such as carpentry for framing homes, and manufacture of building materials, such as bricks or nails. But section 8(f) requires that a line be drawn somewhere and drawing that line is more the Board’s job than it is ours. As a general matter, we defer to the Board’s judgment with respect to such specialized issues of labor law. See Local 15, IBEW v. NLRB, 429 F.3d 651, 655- 56 (7th Cir. 2005). Here, we follow the Board’s consistent and reasonable judgment that ready-mix concrete suppliers, like other companies whose primary role is to deliver construction materials to a job site, do not fall within the building and construction industry for purposes of section 8(f).”

Affirmed.

11-1371 Lineback v. Irving Ready-Mix, Inc.

Appeal from the United States District Court for the Northern District of Indiana, DeGuilio, J., Hamilton, J.

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