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N. L. R. B. v. ROCHESTER MUSICIANS ASS'N LOCAL 66

No. 471, Docket 74-1940.

514 F.2d 988 (1975)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ROCHESTER MUSICIANS ASSOCIATION LOCAL 66, Affiliated with the American Federation of Musicians, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 28, 1975.

Attorney(s) appearing for the Case

Allison W. Brown, Jr. and Stephen D. Quinn, Attys., National Labor Relations Bd., Washington, D. C. (Peter G. Nash, John S. Irving, Patrick Hardin, Elliott Moore, of counsel), for petitioner.

Ronald Rosenberg, Robert E. Nagle and Jerry D. Anker, Washington, D. C. (Sidney J. Salzman, Rochester, New York, of counsel), for respondent.

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

IRVING R. KAUFMAN, Chief Judge:

From the Rochester Philharmonic Orchestra, usually a source of harmonic strains of Mozart or Sibelius, comes the dissonant chord of a labor dispute. On January 27, 1972 Dr. Samuel Jones, the conductor of the Orchestra, informed The Rochester Civic Music Association, Inc., the Orchestra's managing agent, that five musicians were "incompetent musically," and recommended that four of them be discharged and one placed on probation. Soon...

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