N. L. R. B. v. HERSHEY CHOCOLATE CORPORATION

Nos. 13523, 13539.

297 F.2d 286 (1961)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HERSHEY CHOCOLATE CORPORATION and Local 464, American Bakery and Confectionery Workers International Union, AFL-CIO, Respondents. Harry LANDVATER et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Third Circuit.

Decided December 1, 1961.


Attorney(s) appearing for the Case

Melvin J. Welles, Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Herman M. Levy, Atty., N. L. R. B., Washington, D. C., on the brief), for National Labor Relations Board.

Herbert A. Simon, New York City (Milton M. Levin, New York City, on the brief), for Harry Landvater and others.

Bernard N. Katz, Philadelphia, Pa. (Meranze, Katz & Spear, Philadelphia, Pa., on the brief), for Local 464.

Jack A. Riggs, Gilbert Nurick, McNees, Wallace & Nurick, Harrisburg, Pa., for Hershey Chocolate Corp.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The Board held that Local 464, American Bakery and Confectionery Workers International Union, AFL-CIO (ABC Local 464) was not the successor union to Local 464 Bakery and Confectionery Workers International Union of America (BCW Local 464). Consequently, said the Board, the attempt by ABC 464 to enforce the employment agreement maintenance of membership clause through the employer was unfair labor practice.

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