AMERICAN TRUCKING ASSOCIATIONS, INC. and Tidewater Motor Truck Association, Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
Houff Transfer, Intervenor/R
NYSA, ILA and CONAS, Intervenors/P
International Brotherhood of Teamsters, Intervenor/P
American Warehousemen's Assoc., Intervenor/P
INTERNATIONAL ASSOCIATION OF NVOCCs, and
Florida Custom Brokers and Forwarders Association, Inc. and
Twin Express, Inc., and
International Container Express, Inc., Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
San Juan Freight Forwarders, Inc., Intervenor.
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Hampton Roads District Council; International Longshoremen's Association, AFL-CIO, Atlantic Coast District Council; ILA Locals 333, 846, 862, 921, 953, 970, 1248, 1355, 1429, 1458, 1624, 1736, 1783, 1784, 1819, 1840, and 1970, AFL-CIO; International Longshoremen's District Council, Baltimore, Maryland; International Longshoremen's Association, Local 953; International Longshoremen's Association, Local 333; International Longshoremen's Association, Atlantic Coast District, AFL-CIO; International Longshoremen's Association, Local 333, AFL-CIO; International Longshoremen's Association, Local 953, AFL-CIO; International Longshoremen's Association, Locals 1416, 1416-A, 1680, 1526, 1526-A, and 1922, AFL-CIO; Hampton Roads Shipping Association; Southeast Florida Employers Port Association; Coordinated Caribbean Transport, Inc.; Chester, Blackburn & Roder, Inc.; Eagle, Inc.; Eller & Company, Inc.; Harrington & Company, Inc.; Strachen Shipping Company and Marine Terminals, Inc., Respondents.
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, New York Shipping Association, Inc., and Council of North Atlantic Shipping Association, Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
Houff Transfer, Inc.; The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("Teamsters"); American Trucking Associations, Inc. ("ATA") and Tidewater Motor Truck Association ("TMTA"), Intervenors.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 12, 1984.
Decided May 9, 1984.
As Amended June 18, 1984.
Rehearing and Rehearing Denied July 31, 1984.
Attorney(s) appearing for the Case
J. Alan Lips, Cincinnati, Ohio (Mark S. Sauter, Mark E. Lutz, Taft, Stettinius & Hollister, Cincinnati, Ohio, on brief); Donato Caruso, New York City (C.P. Lambos, Nicholas G. Maglaras, Lambos, Flynn, Nyland & Giardino, New York City, on brief); Ernest L. Mathews, Jr., New York City (Thomas W. Gleason, New York City, Francis A. Scanlan, Deasey, Scanlan & Bender, Ltd., Philadelphia, Pa., Braden Vandeventer, Vandeventer, Black, Meredith & Martin, Norfolk, Va., Nelson J. Cooney, American Trucking Associations, Inc., Washington, D.C., Paul M. Thompson, Christine H. Perdue, Hunton & Williams, Richmond, Va., Raymond P. deMember, Garson, deMember & Weiner, Fairfax, Va., Mahlon G. Funk, Jr., Hirschler, Fleischer & Weinberg, Richmond, Va., William L. Auten, Blakeney, Alexander & Machen, Charlotte, N.C., Arthur Liberstein, P.C., New York City, William H. Towle, Burke, Kerwin, Towle & Andrin, Chicago, Ill., Roland P. Wilder, Jr., David J. Gzesh, Washington, D.C., on brief), for petitioners.
Linda Dreeben, N.L.R.B., Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Howard E. Perlstein, Patrick J. Szymanski, N.L.R.B., Washington, D.C., on brief), for respondent.
Before HALL and PHILLIPS, Circuit Judges, and MAX ROSENN, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing En Banc Denied July 31, 1984.
ROSENN, Senior Circuit Judge:
This case, in which nine different proceedings of the National Labor Relations Board (the Board) have been consolidated after a remand by the United States Supreme Court, requires us to carefully examine the emergence and development of a technological breakthrough in the shipping industry known as containerization. In particular, we must decide whether the Rules on Containers...
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