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N. L. R. B. v. PENN CORK & CLOSURES, INC.

No. 280, Docket 30820.

376 F.2d 52 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PENN CORK & CLOSURES, INC., Respondent, District Lodge No. 15 of the International Association of Machinists, AFL-CIO, Intervenor.

United States Court of Appeals Second Circuit.

Decided April 10, 1967.

Attorney(s) appearing for the Case

Stephen C. Vladeck, New York City (Vladeck, Elias, Frankle, Vladek & Lewis, New York City, Judith P. Vladeck and Bernard Yaker, New York City, of counsel), for intervenor.

Elliott Moore, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C)., for petitioner.

Before MOORE and FRIENDLY, Circuit Judges, and BRYAN, District Judge.

FRIENDLY, Circuit Judge.

This petition for enforcement raises an interesting question of law as to the power of the NLRB, see 156 N.L.R.B. 411 (1965). The facts were stipulated: On January 18, 1962, Penn Cork & Closures, Inc. entered into a collective bargaining agreement with District Lodge No. 15 of the International Association of Machinists with respect to its maintenance and production employees, effective from January 1, 1962 to December 31, 1964. Article...

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