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AMERICAN CAN CO. v. N.L.R.B.

Nos. 482, 570, 883, Dockets 75-4099, 75-4126, 75-4139.

535 F.2d 180 (1976)

AMERICAN CAN COMPANY, Petitioner, and United Steelworkers of America, AFL-CIO, Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent. LOCAL ONE, AMALGAMATED LITHOGRAPHERS OF AMERICA, INTERNATIONAL TYPOGRAPHICAL UNION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and American Can Company, Intervenor.

United States Court of Appeals, Second Circuit.

Decided April 27, 1976.

Attorney(s) appearing for the Case

Albert X. Bader, Jr., New York City (Simpson Thacher & Bartlett, Martin H. Zuckerman, New York City, and James S. Frank, Brooklyn, N.Y., on the brief), for petitioner American Can Co.

James F. Gill, New York City (Robinson, Silverman, Pearce, Aronsohn, Sand & Berman, New York City, Peter B. O'Connell, on the brief), for petitioner Local One.

David L. Gore, Pittsburgh, Pa. (Bernard Kleiman, Chicago, Ill., on the brief), for intervenor United Steelworkers of America.

David A. Fleischer, Atty., Washington, D.C. (John S. Irving, Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John Ferguson, Atty., Washington, D.C., on the brief), for respondent National Labor Relations Board.

Before FEINBERG, OAKES and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

In these proceedings, the National Labor Relations Board found that the American Can Company had violated the National Labor Relations Act by recognizing the United Steelworkers of America, AFL-CIO as the bargaining representative of certain lithographic employees at a new plant and by applying to them the union security clause in the Steelworkers' contract. The Board also found that the Company had not violated the Act when it refused to...

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