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

No. 41, Docket 31177.

385 F.2d 874 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 138, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Respondent.

United States Court of Appeals Second Circuit.

Decided November 27, 1967.

Attorney(s) appearing for the Case

Warren M. Davison, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Leonard M. Wagman, Atty., N. L. R. B., on the brief), for petitioner.

William J. Corcoran, of Corcoran & Brady, New York City, for respondent.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The National Labor Relations Board petitions for enforcement of its supplemental order which issued after proceedings held pursuant to a remand by this court.1 The Board ordered Local 138, International Union of Operating Engineers, to reimburse nonmembers for a portion of permit fees collected from them as a condition of referral or employment between June 9, 1958 and July 1, 1963.2

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