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NEWPORT TANKERS CORP. v. N. L. R. B.

No. 77-2425.

575 F.2d 477 (1978)

NEWPORT TANKERS CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Organization of Masters, Mates and Pilots, Intervenor, Cove Shipping, Inc., Point Shipping Corp., California and Hawaiian Sugar Co., Pacific-Gulf Marine, Inc. and Zapata Bulk Transport, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1978.

Attorney(s) appearing for the Case

Warren M. Davison, Washington, D. C. (Earle K. Shawe, Shawe & Rosenthal, Baltimore, Md., on brief), for petitioner.

Elinor Hadley Stillman, Washington, D. C. (Collis Suzanne Stocking, Attys., N.L.R.B., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., on brief), for respondent.

Jerry D. Anker, Washington, D. C. (Wald, Harkrader & Ross, Washington, D. C., Marvin Schwartz and Burton M. Epstein, New York City, on brief), for intervenor International Organization of Masters, Mates and Pilots.

Martin C. Seham, Los Angeles, Cal., Andrew E. Zelman, New York City, Brobeck, Phleger & Harrison, Los Angeles, Cal., Surrey, Karasik, Morse & Seham, New York City, on brief), for amicus curiae.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

WINTER, Circuit Judge:

Notwithstanding the contrary view of the administrative law judge, a majority of the Board in a split decision ruled that International Organization of Masters, Mates and Pilots (MMP) did not violate § 8(b)(1)(B) of the National Labor Relations Act, 29 U.S.C. § 158(b)(1)(B), when it picketed the S/T Achilles to require her operators, Newport Tankers Corporation (Newport), to employ an additional third mate. The Board therefore dismissed...

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