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HARBOR CARRIERS OF PORT OF NEW YORK v. N. L. R. B.

Nos. 389-391, Docket 27544, 27550, 27560.

306 F.2d 89 (1962)

HARBOR CARRIERS OF the PORT OF NEW YORK and Its Members, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. GALLAGHER BROS. SAND & GRAVEL CORP., Bilkay Holding Corp., Hampton Scows, Inc., Neptune Line, Inc., and Rockville Scows, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Charles J. KING and Deck Scow Captains Local 335, United Marine Division, National Maritime Union, AFL-CIO, Respondents.

United States Court of Appeals Second Circuit.

Decided July 31, 1962.

Attorney(s) appearing for the Case

Roman Beck of Krisel, Beck & Taylor, New York City (Arthur Karger, New York City, of counsel, on the brief), for petitioners Harbor Carriers of the Port of New York.

Christopher E. Heckman of Foley & Martin, New York City (James S. Reardon, New York City, of counsel, on the brief), for petitioners Gallagher Bros. Sand & Gravel Corp., Bilkay Holding Corp., Hampton Scows, Inc., Neptune Line, Inc., and Rockville Scows, Inc.

Richard L. Newman of Kanner, Hannan & Newman, New York City (William J. Hannan, New York City, of counsel, on the brief), for respondent Deck Scow Captains, Local 335, United Marine Division, National Maritime Union, AFL-CIO.

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

Howard Schulman, New York City, for Intervenor, Deck Scow Captains, Local 335, Independent.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge.

The petitioners, an employers' association and certain individual employers, seek review of orders entered against them by the National Labor Relations Board and based upon that Board's finding of violations of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. We hold that the orders must be set aside.

For a number of years the employers have had collective bargaining agreements with Deck Scow Captains Local 335, United...

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