Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
In Red Star Express Lines v. National Labor Relations Board, 2 Cir., 196 F.2d 78, the court condemned the contract although the so-called general savings clause provided that any specific provision which was even "affected" by Taft-Hartley was to be without effect.
Noting that hiring practices after a grievance was filed "would be a factor for the board's consideration" but that the NLRB easily could reason that subsequent hiring practices were reactionary to the grievance and did not accurately reflect the prior hiring arrangement
In N.L.R.B. v. Gottfried Baking Co., 210 F.2d 772 (2 Cir., 1954), this court considered and rejected the same argument on nearly identical facts: "We think it is unimportant whether or not the Association existed as a formal entity, so long as it is clear that [the employer] acted jointly with other employers in the Association in the negotiation of collective agreements, as the impact upon interstate commerce would be the same in either case."