AMALGAMATED CLOTHING WORKERS OF AMERICA v. N. L. R. B.

No. 60, Docket 28123.

324 F.2d 228 (1963)

AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Henry I. Siegel Co., Inc., Intervenor.

United States Court of Appeals Second Circuit.

Decided November 6, 1963.


Attorney(s) appearing for the Case

James J. Graham (of Jacob Sheinkman), New York City, for petitioner.

Hans J. Lehmann, N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Allison W. Brown, Jr., Washington, D. C., on the brief), for respondent.

Osmond K. Fraenkel (of Hays, St. John, Abramson & Heilbron), New York City (William Abramson, New York City, on the brief), for intervenor.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.


HAYS, Circuit Judge.

Petitioner, as the person aggrieved by the Board's order dismissing in its entirety a complaint of unfair labor practice, brings this proceeding to review that order. We hold that the dismissal of the complaint was not justified by the reasons given by the Board and remand the case to the Board for consideration of whether there was a waiver of the right to bring a charge as to the conduct which was the subject of the complaint.

The complaint...

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