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N. L. R. B. v. ZOE CHEMICAL CO.

No. 29, Docket 31989.

406 F.2d 574 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ZOE CHEMICAL CO., Inc., and Local 803, Allied Aluminum and Industrial Union, Respondents.

United States Court of Appeals Second Circuit.

Decided January 13, 1969.

Attorney(s) appearing for the Case

William J. Avrutis, Atty., NLRB (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Allison W. Brown, Jr., Atty., Washington, D. C., on the brief), for petitioner.

Charles R. Katz, New York City (Katz & Wolchok, New York City, on the brief), for respondent Zoe Chemical Co., Inc.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Over five years ago, respondent Zoe Chemical Co., Inc. was caught in the cross-fire of a struggle between two unions, one of which — Local 803, Allied Aluminum and Industrial Union — was then midway through a three-year collective bargaining contract with Zoe. At Local 803's request and in accordance with a judicially confirmed arbitration award, Zoe discharged twelve employees on October 4, 1963. Since then, it has found itself...

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