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HERZOG v. PARSONS

No. 10396.

181 F.2d 781 (1950)

HERZOG et al. v. PARSONS.

United States Court of Appeals District of Columbia Circuit.

Decided February 20, 1950.

Attorney(s) appearing for the Case

Mr. A. Norman Somers, Assistant General Counsel, National Labor Relations Board, Washington, D. C., for appellants.

Mr. Henry Mayer, of the Bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of Court, with whom Messrs. Ellis W. Manning and Leonard E. Ackermann, Washington, D. C., were on the brief, for appellee.

Before CLARK, PRETTYMAN and BAZELON, Circuit judges.

CLARK, Circuit Judge.

The principal problem presented by this appeal involves a construction of the language of section 10(k) of the Labor Management Relations Act, 19471 (hereinafter referred to as the "Act"). This section provides: "Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4) (D) of section 8(b), the Board is empowered and directed to hear and determine the dispute...

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