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NEW YORK SHIPPING ASS'N v. FEDERAL MARITIME COM'N

Nos. 76-2024 and 76-2026.

571 F.2d 1231 (1978)

NEW YORK SHIPPING ASSOCIATION, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, States Marine International, Inc., et al., Intervenors. STATES MARINE INTERNATIONAL, INC., et al., Petitioners, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, New York Shipping Association, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1978.

As Amended February 3, 1978.

Attorney(s) appearing for the Case

Donato Caruso, New York City, with whom C. P. Lambos, New York City, was on the brief, for petitioner in No. 76-2024 and intervenor in No. 76-2024.

Stanley O. Sher, Washington, D. C., with whom Peter B. Kenney, Washington, D. C., was on the brief, for petitioner in No. 76-2026 and intervenor in No. 76-2024.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D. C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Carl D. Lawson and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Jacob P. Billig, Washington, D. C., also entered an appearance for intervenor, States Marine International, Inc.

Before WRIGHT, McGOWAN and WILKEY, Circuit Judges.

Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

To alleviate the impact on dock workers of mechanization in the loading and unloading of ocean carriers, associations of water-front employers have agreed, through collective bargaining with labor unions, to establish new and larger fringe benefit funds for longshoremen. In 1968, the Supreme Court, through its decision in Volkswagenwerk Atkiengesellschaft v. FMC, ...

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