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N. L. R. B. v. LOCAL 138, INTERNAT'L U. OF OPERATING ENGINEERS

No. 263, Docket 26562.

293 F.2d 187 (1961)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 138, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Zara Contracting Co., Inc., Frank Marmorale, Inc., Hendrickson Brothers, Inc., Eastern Fireproofing Company, Inc., Respondents.

United States Court of Appeals Second Circuit.

Decided July 25, 1961.

Attorney(s) appearing for the Case

Herman I. Branse, Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles and Herman I. Branse, Attys., N. L. R. B., Washington, D. C., for petitioner.

William Power Maloney, New York City (James G. Blake, Garden City, N. Y., William Power Maloney, New York City, of counsel), for appellant, Local 138, International Union of Operating Engineers.

Kay Kimmell, Mineola, N. Y., for respondent Zara Contracting Co., Inc.

Robert M. Blakeman, Valley Stream, N. Y., for respondent Hendrickson Bros., Inc.

Norman Roth, Max E. Greenberg, New York City, for respondent Eastern Fireproofing Co. Inc.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

The National Labor Relations Board petitions for enforcement of its order, 123 N.L.R.B. 1393 (1959), based on findings that Local 138, International Union of Operating Engineers, AFL-CIO, violated §§ 8(b) (1) (A) and 8(b) (2) of the Taft-Hartley Act, 29 U.S.C.A. §§ 158 (b) (1) (A) and 158(b) (2), and that various employers violated §§ 8(a) (1) and 8(a) (3), 29 U.S.C.A. §§ 158(a) (1) and 158(a) (3), by...

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