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SUPERIOR DERRICK CORPORATION v. N. L. R. B.

Nos. 17619, 17512.

273 F.2d 891 (1960)

SUPERIOR DERRICK CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC AND GULF DISTRICT, HARBOR AND INLAND WATERWAYS DIVISION, AFL-CIO, Respondent.

United States Court of Appeals Fifth Circuit.

January 21, 1960.

Attorney(s) appearing for the Case

C. Paul Barker, Dodd, Hirsch, Barker & Meunier, New Orleans, La., Seymour W. Miller, Brooklyn, N. Y., of counsel, for Seafarers' International Union of North America, and others.

Bernard Marcus, Deutsch, Kerrigan & Stiles, New Orleans, La., Eberhard P. Deutsch, New Orleans, La., of counsel, for Superior Derrick Corp.

Allison W. Brown, Jr., Atty., Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Stuart Rothman, Gen. Counsel, Norton J. Come, Deputy Asst. Gen. Counsel, N. L. R. B., Washington, D. C., for National Labor Relations Board.

Before TUTTLE, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

We have again the problem of § 8(b) (4) (A) and (B) Board orders concerning secondary picketing at a so-called common situs. 29 U.S.C.A. § 158(b) (4) (A) and (B). Two separate review-enforcement cases, now consolidated here, grow out of a single Board proceeding and order. The Board, as a matter of law, declined to enjoin picketing of a railroad as the secondary employer, but forbade picketing by the Union1...

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