HUGHES & HATCHER, INC. v. N. L. R. B.

Nos. 17412, 17517.

393 F.2d 557 (1968)

HUGHES & HATCHER, INC. and its Wholly Owned Subsidiary, Oppenheim's, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. CENTRAL STATES JOINT BOARD, RETAIL & DEPARTMENT STORE EMPLOYERS, etc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Sixth Circuit.

April 17, 1968.


Attorney(s) appearing for the Case

William M. Saxton, Detroit, Mich., Robert J. Battista, Butzel, Eaman, Long, Gust & Kennedy, Detroit, Mich., Lee B. Brody, Smith, Hirsch & Brody, Detroit, Mich., on brief, for petitioner Hughes & Hatcher.

Jacob Sheinkman, New York City, Sheldon Klimist, Detroit, Mich., Bernard J. Firestone, Detroit, Mich., on brief, for petitioner Central States Joint Board etc.

Theodore Sachs, Detroit, Mich., Rothe, Martson Mazey, Sachs & O'Connell, Detroit, Mich., on brief, for intervenor Retail Clerks Unions.

Julius Rosenbaum, N.L.R.B., Washington, D. C., Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Elliott Moore, Julius Rosenbaum, Attorneys, N.L.R.B., Washington, D. C., on brief, for respondent.

Before WEICK, Chief Judge, and O'SULLIVAN and CELEBREZZE, Circuit Judges.


WEICK, Chief Judge.

These proceedings involve a bitter controversy between two rival labor unions,1 each vying to organize the employees of the employer2 in order to become their bargaining representative.

The employer owns and operates a chain of fourteen retail clothing stores in metropolitan Detroit, and through its subsidiary, Oppenheim's, operates two...

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