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EMPIRE STATE SUGAR COMPANY v. N. L. R. B.

No. 469, Docket 31732.

401 F.2d 559 (1968)

EMPIRE STATE SUGAR COMPANY, Inc., Petitioner, American Federation of Grain Millers, AFL-CIO, and its Local 332, Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided September 23, 1968.

Attorney(s) appearing for the Case

Jesse Freidin, New York City (Herbert Prashker, Frank Cummings, and Poletti, Freidin, Prashker, Feldman & Gartner, New York City, on the brief), for petitioner.

Thomas P. McMahon, of McMahon & Crotty, Buffalo, N.Y., for intervenor.

Glen M. Bendixsen, Atty., N.L.R.B. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Robert E. Williams, Atty., N.L.R.B., on the brief), for respondent.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is a petition to review a final order of the National Labor Relations Board, 166 NLRB No. 22, and a cross motion by the Board to enforce. The order was issued upon a finding by the Board that the Empire State Sugar Company (herein the Company) had violated section 8(a) (1) and (2) of the National Labor Relations Act, as amended. (61 Stat. 136, 73 Stat. 519, 29 U.S.C. § 151 et seq.)1 The Board ordered...

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