NATIONAL LABOR RELATIONS BOARD v. Majestic Weaving Co., Inc., of New York

Decision Date07 April 1965
Docket NumberDocket 29601.
Citation344 F.2d 116
CourtU.S. Court of Appeals — Second Circuit

Nemeroff, Jelline, Danzig, Paley & Kaufman, and Henry I. Hamburger, New York City, for movant.

Before WATERMAN, FRIENDLY and ANDERSON, Circuit Judges.


In this proceeding the National Labor Relations Board seeks to enforce an order, 147 N. L. R. B. No. 113 (1964), against Majestic Weaving Co., Inc., of New York. The General Counsel's complaint against Majestic had sprung from charges filed by Textile Workers Union of America, AFL-CIO; the complaint alleged, among other things, that Majestic had rendered illegal assistance to Local 815, International Brotherhood of Teamsters etc., had entered into an invalid union security contract with it, and a month later had refused to bargain with the Textile Workers, which had presented evidence of majority status. Reversing its Trial Examiner, the Board sustained the complaint. It ordered, inter alia, that Majestic cease and desist from recognizing Local 815, and from giving any force or effect to the collective bargaining agreement with the Local, and from refusing to bargain with the Textile Workers. Local 815 seeks leave to intervene in the enforcement proceeding.

In contrast to Fafnir Bearing Co. v. NLRB, 339 F.2d 801 (2 Cir. 1964), cert. granted, International Union etc. v. Fafnir Bearing Co., 85 S.Ct. 1087 (1965), where the Board opposed intervention by a charging party, it here consents to intervention by Local 815, as does Majestic. We agree that this case is significantly different. If the Board's order is right, Local 815 also has violated the Act, International Ladies' Garment Workers' Union v. NLRB, 366 U.S. 731, 738, 81 S.Ct. 1603, 6 L.Ed.2d 762 (1961); indeed, as we were told at the argument, the Local would have been named as a respondent save for its having been omitted from the charge, § 10(b). As contemplated by the Board's rules, § 102.8, 29 C.F.R. § 102.8 (1964), it filed an answer; it has been treated as if it were a respondent save, of course, that the order does not run against it; and the order denies the union a valuable contract right, cf. AFL v. Watson, 327 U.S. 582, 66 S.Ct. 761, 90 L.Ed. 873 (1946), on which it could insist but for the found illegality, quite as effectively as if it had been formally charged. Whatever claim an obligee...

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2 cases
  • NLRB v. Majestic Weaving Co.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 4 Enero 1966 a respondent, was a party by virtue of the Board's Rules and Regulations, § 102.8, 29 C.F.R. § 102.8 (1965), see NLRB v. Majestic Weaving Co., 344 F.2d 116 (2 Cir. 1965), and ordered Majestic to reimburse all employees who by petition had protested the deduction of dues and initiation fe......
  • Lee v. Dist. of Columbia Bd. of Appeals, Etc.
    • United States
    • D.C. Court of Appeals
    • 6 Noviembre 1980
    ...regard to whether that petitioner would have standing to seek review of the merits of the agency action. See NLRB v. Majestic Weaving Co., Inc., 344 F.2d 116, 117 (2d Cir. 1965); 3 K. Davis, Administrative Law Treatise, § 22.08 at 241-43 (1958); Shapiro, Some Thoughts on Intervention before......

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