National Labor Relations Board v. International Longshoremen's & Warehousemen's Union, Local No. 50

The National Labor Relations Board petitions, in No. 72-1908, under 29 U.S. C. § 160(e), for enforcement of its cease and desist order against Local 50 of the International Longshoremen’s and Ware-housemen’s Union. In Nos. 72-2263 and 72-2315, Local 50 and the Pacific Maritime Association (PMA), an association representing the employers, petition to set the Board’s order aside. We deny enforcement in No. 72-1908 and grant the petitions in Nos. 72-2263 and 72-2315.

This is the fourth time that litigation stemming from this particular jurisdictional dispute between Local 50 (the Longshoremen) and Local 701 of the International Union of Operating Engineers (the Engineers) has reached this court. Two of our previous decisions have been published and in them we extensively reviewed both the underlying facts of the dispute and the administrative proceedings that led to judicial review. See Henderson v. International Longshoremen’s and Warehousemen’s Union, Local 50, 9 Cir., 1972, 457 F.2d 572 ; Henderson v. International Union of Operating Engineers, Local 701, 9 Cir., 1969, 420 F.2d 802 . The Board’s decisions in this ease are reported at 193 N.L.R.B. 266 (1971) and 181…