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LIQUOR SALESMEN'S UNION LOCAL 2 v. N.L.R.B.

No. 961, Docket 80-4264.

664 F.2d 318 (1981)

LIQUOR SALESMEN'S UNION LOCAL 2 OF the STATE OF NEW YORK, DISTILLERY, RECTIFYING, WINE & ALLIED WORKERS' INTERNATIONAL UNION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. CHARMER INDUSTRIES, INC., Star Industries, Inc., Standard Wine & Liquor Co., Inc., Peerless Importers, Inc., and National Distillers Distributing Co., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. PARK & TILFORD & MOTEL & CLUB, DIVISIONS OF KNICKERBOCKER LIQUORS CORP., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Liquor Salesmen's Union Local 2, Intervenor.

United States Court of Appeals, Second Circuit.

Decided July 29, 1981.

Attorney(s) appearing for the Case

Allen B. Roberts, New York City (Sloan, Roberts & Finger, New York City, of counsel), and Morton Schimmel, New York City, for petitioners Charmer Industries, Inc., et al.

Charles O. Strahley, New York City (Putney, Twombly, Hall & Hirson, New York City, of counsel), for petitioner Knickerbocker Liquors Corp.

Victor Feingold, New York City, for petitioner-intervenor Liquor Salesmen's Union Local 2.

Miriam Szapiro, Atty., N. L. R. B., Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Andrew F. Tranovich, Atty., N. L. R. B., Washington, D. C., of counsel), for respondent National Labor Relations Board.

Before FEINBERG, Chief Judge, and WATERMAN and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Chief Judge:

This case, incredibly, arises out of an alleged unilateral change of work rules in 1975 by six liquor wholesalers ("the companies") in breach of their respective collective bargaining agreements with the union representing their salesmen-employees. The dispute was submitted to an arbitrator, who found that the agreements had not been violated. Dissatisfied with this conclusion, the union succeeded in bringing the case before the National Labor...

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