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INTERN. LONGSHOREMEN'S ASS'N, AFL-CIO v. N. L. R. B.

Nos. 77-1735, 77-1758 and 78-1510.

613 F.2d 890 (1979)

INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO and Council of North Atlantic Shipping Associations, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO and Council of North Atlantic Shipping Associations, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Houff Transfer, Inc., Intervenor. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO and New York Shipping Association, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 25, 1979.

Rehearing Denied December 13, 1979.

Certiorari Granted January 21, 1980.

Attorney(s) appearing for the Case

Thomas W. Gleason, New York City, for petitioner International Longshoremen's Ass'n.

Constantine P. Lambos, New York City, with whom Donato Caruso, New York City, was on the brief, for petitioner New York Shipping Ass'n, Inc.

Howard E. Perlstein, Atty., N.L.R.B., and Kathy L. Krieger, Atty., N.L.R.B., Washington, D.C., of the bar of the Supreme Court of the State of New York, pro hac vice, by special leave of court, with whom John S. Irving, Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., were on the brief, for respondent.

William L. Auten, Charlotte, N.C., with whom J. W. Alexander, Jr., Charlotte, N.C., was on the brief, for intervenor Houff Transfer, Inc.

Before WRIGHT, Chief Judge, and ROBINSON and ROBB, Circuit Judges.

Certiorari Granted January 21, 1980. See 100 S.Ct. 727.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge ROBB.

J. SKELLY WRIGHT, Chief Judge:

The National Labor Relations Board (NLRB) decided in these cases—one arising in the Port of New York,1 the other in the Ports of Baltimore and Hampton Roads2 —that petitioners...

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