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N.L.R.B. v. BROTHERHOOD OF TEAMSTERS, ETC. LOCAL NO. 70

No. 71-1155.

459 F.2d 694 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROTHERHOOD OF TEAMSTERS AND AUTO TRUCK DRIVERS LOCAL NO. 70 OF ALAMEDA COUNTY, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Respondent.

United States Court of Appeals, Ninth Circuit.

May 4, 1972.

Attorney(s) appearing for the Case

William Wachter (argued), Herbert Fishgold, Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Eugene G. Goslee, Acting Gen. Counsel, Washington, D. C., Roy O. Hoffman, San Francisco, Cal., for petitioner.

Edward M. Kovach (argued), Duane Beeson, of Brundage, Neyhart, Grodin & Beeson, Robert M. Lieber, of Littler, Mendelson & Fastiff, San Francisco, Cal., for respondent.

Before ELY and HUFSTEDLER, Circuit Judges, and JAMESON, District Judge.

ELY, Circuit Judge:

The sole issue in this enforcement proceeding concerns the interpretation of sections of the National Labor Relations Act declaring it an unfair labor practice for a labor organization either to restrain or coerce an employer in the selection of his bargaining representative, section 8(b) (1) (B), 29 U.S.C. § 158(b) (1) (B),1 or to refuse to bargain collectively with an employer. Section 8(b) (3), 29 U.S.C. §...

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