# International Organization of Masters, Mates and Pilots of America, Inc. v. National Labor Relations Board

> Court of Appeals for the D.C. Circuit · June 21, 1965 · 351 F.2d 771

URL: https://www.frixlaw.com/law-library/cases/9451086

## Case

- **Full name:** INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS OF AMERICA, INC., Et Al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** June 21, 1965
- **Citations:** 351 F.2d 771; 122 U.S. App. D.C. 74; 59 L.R.R.M. (BNA) 2566; 1965 U.S. App. LEXIS 5197
- **Precedential status:** Published
- **Opinion:** Concurrence by Washington
- **Judges:** Washington, Danaher, Burger
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9451086

## Opinion text

WASHINGTON, Circuit Judge
(concurring in the result):
The Board found that petitioners had violated one of the secondary boycott provisions of Section 8(b) (4) (A) of the Act, as amended, 29 U.S.C. § 158 (b) (4) (A) (1958), and sought enforcement of its cease and desist order in this court. Petitioners have sought review in order to have the Board’s order set aside. Petitioners do not contest that the activities in question would violate the Act if done by a labor organization. The principal issue involved is whether MMP should be regarded as a labor organization within the meaning of Section 8(b) (4) (A)’s proscription of secondary boycott activities, when the activities involved are for the benefit of non-employees. In the light of the Board’s finding, supported by the evidence, that there is substantial participation by employees in the union, I think that the Board was justified in treating MMP as a labor organization in this context. The Board’s conclusion that Local 47, with only non-employee members, violated Section 8(b) (4) (A) as an agent of MMP is also supported in the record. See, generally, National Marine Engineers Beneficial Ass’n v. National Labor Relations Board, 274 F.2d 167 (2d Cir. 1960),

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451086. Public record. Not legal advice.