May 17, 1960
NATIONAL LABOR RELATIONS BOARD, PETITIONER,
UNITED STATES STEEL CORPORATION, AMERICAN BRIDGE DIVISION, AND LOCAL UNION 542, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, RESPONDENTS.
Before BIGGS, Chief Judge, GOODRICH, MCLAUGHLIN, KALODNER, STALEY, HASTIE and FORMAN, Circuit Judges.
The National Labor Relations Board has submitted a form of decree carrying out this Court's decision in the above entitled case in which the opinion was filed on April 13, 1960. Since our opinion was filed the United States Supreme Court has entered its decision in the case of Communications Workers of America v. NLRB, 362 U.S. 479 (May 2, 1960). In that decision the Supreme Court held that it was proper to eliminate from a decree enforcing a Board order against a union broad terms like "in any manner" and "or any other employer" when the complaint was directed against the union's conduct with respect to one employer and one type of unfair labor practice.
We think the objection of both union and employer to the decree submitted by the Board is well taken in view of this Supreme Court decision. The decree as entered will delete from both the required notice and the order the terms "or any other employer over whom the Board will assert jurisdiction," "or any other labor organization," "or any other employee or applicant for employment," "or by discriminating in any other manner in respect to the hire or tenure of employment, or any term or condition of employment."
The sections of the decree affected by this opinion are as follows: I(a)(1), I(a)(2), I(a)(3), II(a)(1), II(a)(2), and II(a)(3). Also affected are paragraphs (2) and (3) of the Notice required to be posted by the employer and paragraphs (1) and (2) of the Notice required to be posted by the union.
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