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EISENBERG v. HARTZ MOUNTAIN CORPORATION

Nos. 74-1773, 74-1774.

519 F.2d 138 (1975)

Arthur EISENBERG, Regional Director of the Twenty-second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, v. The HARTZ MOUNTAIN CORPORATION, Appellant. Arthur EISENBERG, Regional Director of the Twenty-second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, v. The HARTZ MOUNTAIN CORPORATION. Appeal of LOCAL 806, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided June 13, 1975.

Attorney(s) appearing for the Case

Peter M. Fishbein, Kaye, Scholer, Fierman, Hays & Handler, New York City, Michael S. Waters, Newark, N. J., for appellant in No. 74-1773.

Joseph S. Rosenthal, Steven J. Weiss, Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, New York City, for appellant in No. 74-1774.

Marvin Roth, Deputy Asst. Gen. Counsel, N.L.R.B., Washington, D. C., for appellee N.L.R.B.

Lewis M. Steel, Eisner, Levy & Steel, New York City, for appellee charging party.

Before HASTIE, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

For a number of years a local of Retail Clerks International Association (AFL-CIO) had been the bargaining representative of the workers employed at the Jersey City facility of Hartz Mountain Corporation. On May 11, 1973, a proper election resulted in the decertification of that union. Immediately thereafter, District 65, Distributive Workers of America, launched a vigorous effort to organize the plant and quickly...

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