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ROSEN v. N. L. R. B.

No. 71-1164.

455 F.2d 615 (1972)

Richard W. ROSEN, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local 560, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Intervenors.

United States Court of Appeals, Third Circuit.

Decided February 10, 1972.

Attorney(s) appearing for the Case

Richard W. Rosen, New City, N. Y., for petitioner.

Nancy Sherman, Asst. Gen. Counsel, N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Nancy M. Sherman, Janet C. McCaa, Attys., N. L. R. B., on the brief), for petitioner.

Herbert New, Brenner, New & Brenner, Jersey City, N. J., for intervenor Trucking Employees.

Edward A. Cohen, Beckerman, Franzblau & Cohen, Newark, N. J., for intervenor Local Union 560.

Before BIGGS, ADAMS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case presents the question whether a union, an association of employers, and its member companies violated the National Labor Relations Act by unlawfully discriminating against non-union employees. The alleged discrimination resides in the agreement to create a pension fund with rules permitting employees to obtain credit toward their pensions for service during years prior to creation of the fund so long as...

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