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NATIONAL LABOR R. BOARD v. PREMO P. LABORATORIES

No. 197.

136 F.2d 85 (1943)

NATIONAL LABOR RELATIONS BOARD v. PREMO PHARMACEUTICAL LABORATORIES, Inc.

Circuit Court of Appeals, Second Circuit.

June 8, 1943.

Attorney(s) appearing for the Case

Robert B. Watts, Gen. Counsel, Ernest A. Gross, Associate Gen. Counsel, Howard Lichtenstein, Asst. Gen. Counsel, and Joseph B. Robison, all of Washington, D. C., and Eugene J. Davidson, of New York City, for petitioner.

Hirson & Bertini, of New York City (Max L. Rothenberg, of New York City, of counsel), for respondent.

Buitenkant & Cohen, of New York City (Arnold Cohen, of New York City, of counsel), for intervener Federal Labor Union, Local 20734.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The order before us for review directed the respondent to cease and desist from giving effect to a closed-shop agreement, dated September 12, 1941, between the respondent and the intervener, Federal Labor Union, Local 20734, A. F. of L., for brevity hereafter referred to as Federal. The proviso to section 8(3) of the National Labor Relations Act, 29 U.S.C.A. § 158(3), recognizes that a closed-shop agreement with a labor union is valid if...

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