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UNITED STEELWORKERS OF AMERICA, AFL-CIO v. N.L.R.B.

No. 137, Docket 26252.

289 F.2d 591 (1961)

UNITED STEELWORKERS OF AMERICA, AFL-CIO and Laurel Hill Refinery Workers Union, Local No. 4355, United Steelworkers of America, AFL-CIO, and Its Agent, Jack W. Clark, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided May 3, 1961.

Attorney(s) appearing for the Case

Jerry D. Anker, Arthur J. Goldberg, Washington, D. C. (David E. Feller, Washington, D. C., Samuel L. Rothbard, Abraham L. Friedman, Rothbard, Harris & Oxfeld, Newark, N. J., on the brief), for petitioners.

Melvin J. Welles, Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Judith Bleich Kahn, N. L. R. B., Washington, D. C., on the brief), for respondent.

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

LUMBARD Chief Judge.

The question for decision is whether the Union, which was engaged in a lawful strike against the Phelps Dodge Refining Corporation [hereafter Phelps Dodge], committed an unfair labor practice under § 8(b) (4) (A) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 158(b) (4) (A), by picketing an entrance gate to the Phelps Dodge plant which Phelps Dodge had reserved for the exclusive use of the employees of several contractors...

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