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NATIONAL LABOR RELATIONS BOARD v. GAYNOR NEWS CO.

No. 231, Docket 22297.

197 F.2d 719 (1952)

NATIONAL LABOR RELATIONS BOARD v. GAYNOR NEWS CO., Inc.

United States Court of Appeals Second Circuit.

Decided June 24, 1952.

Attorney(s) appearing for the Case

George J. Bott, David P. Findling, A. Norman Somers, Frederick U. Reel, all of Washington, D. C., and Louis Schwartz, Paterson, N. J., for petitioner.

Bandler, Haas & Kass and Julius Kass, all of New York City, for respondent.

Vladeck & Elias, New York City (Stephen C. Vladeck and Milton Horowitz, New York City, of counsel), for Newspaper & Mail Deliverers' Union of New York.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The Board has found the employer-respondent guilty of violating Sections 8(a) (1) (2) and (3), National Labor Relations Act, 29 U.S.C.A. § 158(a) (1-3), by (1) retroactively paying wage increases and vacation benefits to union members only, and (2) agreeing to and enforcing an illegal union shop contract in 1948 without first obtaining Board certification that a majority of employees had authorized such an agreement in a union shop election...

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