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SPENTONBUSH/RED STAR COMPANIES v. N.L.R.B.

No. 559, Dockets 96-4019(L), 96-4053(XAP).

106 F.3d 484 (1997)

SPENTONBUSH/RED STAR COMPANIES, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Local 333, United Marine Division, International Longshoremen's Association, AFL-CIO, Intervenor.

United States Court of Appeals, Second Circuit.

Decided February 13, 1997.

Attorney(s) appearing for the Case

Aaron J. Schindel, New York City (Neil H. Abramson, Marc A. Mandelman, Proskauer Rose Goetz & Mendelsohn LLP, New York City, of counsel), for Petitioner-Cross-Respondent.

Robert J. Englehart, National Labor Relations Board, Washington, DC (Frederick L. Feinstein, General Counsel, Paul J. Spielberg, Deputy Assistant General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Washington, DC, of counsel), for Respondent-Cross-Petitioner.

Seymour M. Waldman, New York City (Vladeck, Waldman, Elias & Engelhard, P.C., New York City, of counsel), for Intervenor.

Before: VAN GRAAFEILAND, McLAUGHLIN and JACOBS, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Spentonbush/Red Star Companies (Spentonbush), a tugboat and barge business, has petitioned this Court to review an order of the National Labor Relations Board in favor of Local 333, United Marine Division, International Longshoremen's Association, AFL-CIO (the Union). In a decision reported at 319 NLRB 988, 1995 WL 785733, the Board held that Spentonbush violated section 8(a)(5) of the National Labor Relations Act, 29 U.S.C. §...

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