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NATIONAL LABOR RELATIONS BOARD v. LOCAL 542, ETC.

No. 12416.

255 F.2d 703 (1958)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 542, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, and Business Agents Edward Piscatelli and A. L. Smith, Respondents.

United States Court of Appeals Third Circuit.

Decided May 28, 1958.

Attorney(s) appearing for the Case

Duane Beeson, Washington, D. C. (Jerome D. Fenton, Gen. Counsel, Stephen Leonard, Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Fannie M. Boyls, Atty., National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

Charles A. Wolfe, Philadelphia, Pa. (Samuel Fessenden, Philadelphia, Pa., J. Albert Woll, Washington, D. C., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., of counsel, on the brief), for Local 542, Internat. Union of Operating Engineers, AFL, and business agents Edward Piscatelli and A. L. Smith, respondents.

Before KALODNER and HASTIE, Circuit Judges, and LAYTON, District Judge.

HASTIE, Circuit Judge.

The National Labor Relations Board has found that the respondent labor union, Local 542, International Union of Operating Engineers, AFL, has violated Sections 8(b) (2) and 8(b) (1) (A) of the National Labor Relations Act, as amended, by causing or attempting to cause employers to discriminate unlawfully in dismissing or refusing to employ five workmen. The Board now asks us to enforce its corrective order bottomed on that finding of unfair...

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