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N.L.R.B. v. HOISTING & PORTABLE ENG., LOC. NO. 4, ETC.

No. 71-1333.

456 F.2d 242 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOISTING AND PORTABLE ENGINEERS, LOCAL NO. 4 AND ITS BRANCHES OF the INTERNATIONAL UNION OF OPERATING ENGINEERS, Respondent.

United States Court of Appeals, First Circuit.

Decided March 9, 1972.

Attorney(s) appearing for the Case

Allison W. Brown, Jr., Atty., Washington, D.C., with whom Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Madge F. Jefferson, Atty., Washington, D.C., were on brief, for petitioner.

Arthur J. Flamm, Boston, Mass., with whom Flamm, Mason & Paven, Boston, Mass., was on brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

The National Labor Relations Board seeks enforcement of an order against respondent union* for violating section 8(b) (1)(A) of the Act, 29 U.S.C. § 158(b)(1)(A), by refusing to refer through its hiring hall one of its members, Messenger, for employment because of animus occasioned by Messenger's protected intra-union political activities.

The union says at the outset that, not having an exclusive hiring...

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