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N. L. R. B. v. FOTOCHROME, INC.

No. 379, Docket 29317.

343 F.2d 631 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FOTOCHROME, INC., Respondent.

United States Court of Appeals Second Circuit.

Decided April 8, 1965.

Attorney(s) appearing for the Case

William J. Avrutis, Atty., National Labor Relations Board (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Allison W. Brown, Jr., NLRB, on the brief), for petitioner.

Burton H. Zuckerman, New York City, for respondent.

Abramson & Lewis, New York City, for the Amicus Curiae.

Irving Abramson, Everett E. Lewis, Leonard Greenwald, New York City, of counsel.

Before SMITH and MARSHALL, Circuit Judges, and DOOLING, District Judge.

SMITH, Circuit Judge:

Respondent, a photo finisher, and its predecessors, with plants at Elmsford, New York and in the Bronx, had for many years bargained with Blueprint, Photostat & Photo Employees Union Local 249, International Jewelry Workers' Union, AFL-CIO. The usual practice was for the employer and the union to bargain on the basis of a contract between the union and an employers' group of which Fotochrome was not a member and for Fotochrome to sign a rider...

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