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N. L. R. B. v. NEW YORK LITH. & PHOTO., ETC.

No. 526, Docket 78-4145.

600 F.2d 336 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and New York Stereotypers Union No. 1, International Printing and Graphic Communication Union, AFL-CIO, Intervenor, v. NEW YORK LITHOGRAPHERS AND PHOTOENGRAVERS' UNION NO. 1P, GRAPHIC ARTS INTERNATIONAL UNION, AFL-CIO, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Joseph P. Norelli, N.L.R.B., Washington, D.C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for petitioner.

Edward G. Imperatore, New York City (John D. Feerick, Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel), for intervenor.

Moss K. Schenck, Brooklyn, N.Y., for respondent.

Before OAKES, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

GURFEIN, Circuit Judge:

This petition for enforcement of an order by the National Labor Relations Board in an unfair labor practice proceeding presents for our review the Board's determination of a jurisdictional dispute between two rival unions. The Board has held respondent New York Lithographers and Photoengravers' Union No. 1-P (Lithographers) in violation of § 8(b)(4)(D) of the Labor-Management Relations Act (the Act), 29 U.S.C. § 158(b)(4)(D), because...

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