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N. L. R. B. v. UNITED AIRCRAFT CORP., PRATT & WHITNEY AIR. DIV.

No. 45, Docket 28004.

324 F.2d 128 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED AIRCRAFT CORPORATION, PRATT & WHITNEY AIRCRAFT DIVISION, Respondent.

United States Court of Appeals Second Circuit.

Decided November 6, 1963.

Attorney(s) appearing for the Case

James Paras, Atty., National Labor Relations Board, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Solomon I. Hirsh and Robert A. Armstrong, Attys., National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

Gerard D. Reilly, of Reilly & Wells, Washington, D. C. (Joseph C. Wells, of Reilly & Wells, Washington, D. C., on the brief), for respondent.

Before CLARK, MOORE, and KAUFMAN, Circuit Judges.

CLARK, Circuit Judge.

The National Labor Relations Board found respondent to have violated § 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1), by prohibiting employees from distributing union literature on their own time in nonworking areas of respondent's plant. Respondent offered grounds for its rule: resultant littering, resultant unruly demonstrations in the plant cafeteria, and abusive language used by a distributor of the pamphlets...

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