MARITIME OVERSEAS CORP. v. N.L.R.B.

Nos. 91-1030, 91-1055, 91-1716 and 91-1726.

955 F.2d 212 (1992)

MARITIME OVERSEAS CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD; International Organization of Masters, Mates and Pilots, AFL-CIO, Respondents. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, AFL-CIO, Respondent. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD; Keystone Shipping Company; Moore McCormack Bulk Transport, Incorporated, Respondents, and Marine Transport Lines, Inc., Defendant. KEYSTONE SHIPPING COMPANY; Moore McCormack Bulk Transport, Incorporated, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1992.


Attorney(s) appearing for the Case

Seymour M. Waldman, argued (Patricia McConnell, on brief), Vladeck, Waldman, Elias & Engelhard, P.C., New York City, for petitioner IOMM & P.

Betinna Barasch Plevan, argued (Joseph Baumgarten and Joseph Lee Matalon, on brief), Proskauer, Rose, Goetz & Mendelsohn, New York City, for petitioners Keystone and Moore McCormack.

Andrew Ernest Zelman, argued (Jeffrey M. Schlossberg, on brief), Seham, Klein & Zelman, New York City, for petitioner Maritime Overseas.

David Arthur Fleischer, Sr. Atty. argued (Jerry M. Hunter, Gen. Counsel, D. Randall Frye, Acting Deputy Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Howard E. Perlstein, on brief), N.L.R.B., Washington, D.C., for respondent.

Before WILKINSON and NIEMEYER, Circuit Judges, and YOUNG, Senior District Judge for the District of Maryland, sitting by designation.


OPINION

WILKINSON, Circuit Judge:

At issue in this case is the scope of the protections afforded employers by § 8(b)(1)(B) of the National Labor Relations Act. That section makes it an unfair labor practice for unions to restrain or coerce employers in their selection of collective bargaining representatives and grievance adjusters. The appeal before us stems from charges of § 8(b)(1)(B) violations brought by four maritime shipping companies against...

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