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DAILY REVIEW CORP. v. NATIONAL LABOR RELATIONS BOARD

No. 7, Docket 21605.

192 F.2d 269 (1951)

DAILY REVIEW CORP. v. NATIONAL LABOR RELATIONS BOARD et al.

United States Court of Appeals Second Circuit.

Decided November 2, 1951.

Attorney(s) appearing for the Case

Godfrey P. Schmidt, New York City, for petitioner.

George J. Bott, David P. Findling, A. Norman Somers, Dominick L. Manoli and John F. Preston, Jr., Washington, D. C., for respondents.

Alan F. Perl, New York City, Van Arkel & Kaiser, Washington, D. C., for respondents International Typographical Union (A. F. L.) and Nassau County Typographical Union No. 915 (A. F. L.).

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The Board, in finding that the Union did not terminate or abandon the oral agreement of July 17, 1947, relied on an admission in the testimony of the company's president. It concluded that proposals by the Union, subsequent to the oral agreement and inconsistent with it, were presented as alternatives to that agreement and to induce the company to put it in writing and to perform it. Whether the order could stand, had there been no error in the...

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