National Maritime Union of America, AFL-CIO v. NLRB, 424-5
| Decision Date | 20 March 1970 |
| Docket Number | Dockets 33832,33974.,No. 424-5,424-5 |
| Citation | 423 F.2d 625 |
| Parties | NATIONAL MARITIME UNION OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Gaston Firmin-Guyon, Intervenor. |
| Court | U.S. Court of Appeals — Second Circuit |
Charles Sovel, New York City (Abraham E. Freedman, New York City, on the brief), for petitioner.
John E. Jay, New York City (Parker, Chapin & Flattau and Walter N. Kaufman, New York City, on the brief), for intervenor.
John D. Burgoyne, National Labor Relations Board (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and William J. Avrutis, National Labor Relations Board, on the brief), for respondent.
Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and CROAKE,* District Judge.
The National Maritime Union of America, AFL-CIO, petitions for review of an order of the NLRB, and the Board cross-petitions for enforcement. The Board found that the Union had violated §§ 8(b) (1) (A) and 8(b) (2) of the National Labor Relations Act, 29 U.S.C. §§ 158(b) (1) (A) and 158(b) (2), by denying Gaston Firmin-Guyon registration for employment because of certain intra-union activities on his part in opposition to the incumbent administration of the Union. The Board ordered the Union to cease and desist from refusing to permit Guyon or any other licensed seaman to register for employment because of intra-union activities, and from restraining in any other manner the exercise of employees' § 7 rights. It ordered the Union promptly to register Guyon for employment upon request; to make Guyon whole for any loss of earnings attributable to the Union's illegal discrimination, and to give certain appropriate implementing notices.
The only error alleged by the Union on review concerns some evidentiary rulings made by the Trial Examiner and the substantiality of the evidence as support for certain findings of fact. We have examined the entire record in this case and find no error; the evidence in support of the Board's decision and order is overwhelming. The petition for review is, therefore, denied and enforcement of the Board's order is granted for the reasons stated in the opinion below. 177 N.L.R.B. No. 81 (1969).
The petition of the intervenor, Firmin-Guyon, is based upon his claim that the damage which he suffered did not stem alone from the Union's refusal to register him on March 11, 1968, but from its first denial of his application for registration on September 29, 1967, and that the complaint should be amended to include the wrongdoing on and after that date. There was abundant evidence to show the Union's unlawful interference with Firmin-Guyon's rights and the refusal to register him from and after September 29, 1967. The evidence was objected to by the General Counsel, however, and the Hearing Examiner admitted it only for the limited purpose of showing historical...
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