N.L.R.B. v. INTERSTATE DRESS CARRIERS, INC.

No. 79-1321.

610 F.2d 99 (1979)

NATIONAL LABOR RELATIONS BOARD v. INTERSTATE DRESS CARRIERS, INC. Cloak and Dress Drivers and Helpers Union Local 102, International Ladies' Garment Workers' Union, Intervenor in D.C., Union Local 20408 United Warehouse, Industrial and Affiliate Trades, Intervenor in D.C. Appeal of NATIONAL LABOR RELATIONS BOARD and Arthur Eisenberg, Plaintiff and Counterclaim Defendants.

United States Court of Appeals, Third Circuit.

Decided July 19, 1979.

As Amended August 22, 1979.


Attorney(s) appearing for the Case

Margery E. Lieber, Deputy Asst. Gen. Counsel for Special Litigation (argued), Susan Tepper Papadopoulas, Atty., N. L. R. B., Washington, D. C., for N. L. R. B.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Interstate Dress Carriers, Inc.; Martin London, New York City, argued; Rosen, Gelman & Weiss, Newark, N. J., of counsel.

Ball, Hayden, Kiernan & Livingston, Newark, N. J., for Union Local 20408; Craig H. Livingston, Newark, N. J., argued.

Ernest Allen Cohen, Teaneck, N. J., for Local 102 International Ladies' Garment Workers' Union; Marchi, Jaffe, Cohen, Crystal & Katz, New York City, of counsel.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

The National Labor Relations Board and Arthur Eisenberg, Regional Director (the Board) appeal from an order of the District Court for the District of New Jersey enjoining the Board from opening or counting ballots in a representation proceeding, and ordering discovery of facts bearing on the validity of that proceeding. We reverse the grant of injunctive relief.

I. FACTS AND PROCEEDINGS IN THE DISTRICT...

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