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411 F.2d 467

Docket Nos. 275-276, Dockets 32591, 32592.

Kipbea Baking Co. v. Strauss

Second Circuit Court of Appeals

Submitted May 5, 1969.

Decided May 28, 1969.

Second Circuit Court of Appeals · decided 1969-05-28

Cited by 1 later decisions — most recently May 1969

1 federal appellate ·

3 counsel of record

Applies 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 187 (§ 303 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1969-05-28

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¶1Benjamin Machinist, New York City, for appellants.

¶2Cohen & Weiss, New York City, Bruce H. Simon, Robert S. Savelson and Frank M. Aiello, New York City, of counsel, for appellees Local 802 and representative individuals.

¶3Cohn & Glickstein, New York City, Jerome B. Lurie and Roger S. Hayes, New York City, of counsel, for appellees Local 3 and representative individuals.

¶4Before MOORE, FRIENDLY and HAYS, Circuit Judges.

¶5PER CURIAM:

¶6Appellants brought this action in the United States District Court for the *468Eastern District of New York under Section 303 of the Labor Management Relations Act, 29 U.S.C. § 187 (1964). The amended complaint alleges that defendants engaged in illegal picketing, illegal secondary activities, and an illegal work stoppage, all in violation of Section 8(b) of the National Labor Relations Act, 29 U.S.C. § 158(b) (1964).

¶7Of critical importance to the dispute was whether Kipbea and H. & L. were one or two enterprises, which turned in part on why Kipbea had moved its bakery from the Bronx to Mamaroneck and had limited its scope of operations, with H. & L. thereafter performing the remainder of Kipbea’s former operations. The court found that although Kipbea had been removed from the Bronx for valid business reasons, and not to escape the Local 3 contract, Kipbea and H. & L. were, in substance, a unitary enterprise. It also found that the activities of Local 3 were directed to retaining for its employees the jobs they had held with Kipbea in the Bronx bakery. It concluded that neither of the defendants had committed an unfair labor practice for which appellants could recover damages, and dismissed the complaint.

¶8The findings of the district court are certainly not clearly erroneous.

¶9The judgment of the district court dismissing appellants’ complaint is affirmed.

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