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L. 700, INT. ASS'N MACH. & AERO. WKRS. v. N. L. R. B.

Nos. 926, 646, Dockets 74-1035, 74-2211.

525 F.2d 237 (1975)

LODGES 700, 743, 1746, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and United Aircraft Corporation, Intervenor. LOCALS 700, 743, 1746, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided October 17, 1975.

Attorney(s) appearing for the Case

Mozart G. Ratner, Washington, D. C. (Plato E. Papps, Washington, D. C., of counsel), for petitioner.

Marion Griffin, Atty., N.L.R.B., Washington, D. C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, John D. Burgoyne, Atty., N.L.R.B., Washington, D. C., of counsel), for respondent.

John A. McGuinn, Washington, D. C. (Joseph C. Wells, Michael J. Bartlett, Guy Farmer, Washington, D. C., of counsel), for intervenor.

Before GIBBONS, GURFEIN and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

These petitions question the scope of the policy of the respondent National Labor Relations Board ("Board" or "NLRB") to defer to arbitration cases involving charges of actions which are arguably both violations of the National Labor Relations Act ("NLRA" or "Act") and also susceptible to arbitration as violations of the collective bargaining agreement between the parties.1 That policy of deferral, announced by...

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