No. 5.

347 U.S. 17 (1954)


Supreme Court of United States.

Reargued November 9, 1953.

Decided February 1, 1954.

Attorney(s) appearing for the Case

Abner H. Silverman argued the cause for petitioner in No. 5 on the original argument, and Emanuel Butter on the reargument. With them on the briefs was Herbert S. Thatcher.

Bernard Dunau argued the cause for the National Labor Relations Board. With him on the briefs on the original argument were Walter J. Cummings, Jr., then Solicitor General, George J. Bott, David P. Findling, Mozart G. Ratner, Elizabeth W. Weston and Louis Schwartz in Nos. 5 and 6, and Acting Solicitor General Stern, Mr. Bott, Mr. Findling, Dominick L. Manoli and Frederick U. Reel in No. 7. With him on the briefs on the reargument were Acting Solicitor General Stern, Mr. Bott, Mr. Findling and Mr. Manoli.

Julius Kass argued the cause and filed the briefs for petitioner in No. 7.

John J. Manning argued the cause for respondents in No. 6. With him on the brief was Clif Langsdale.

Stephen C. Vladeck filed a brief for the Newspaper and Mail Deliverers' Union of New York and Vicinity, as amicus curiae.

MR. JUSTICE REED delivered the opinion of the Court.

The necessity for resolution of conflicting interpretations by Courts of Appeals of § 8 (a) (3) of the National Labor Relations Act, as amended, 61 Stat. 136, 65 Stat. 601, 29 U. S. C. (Supp. V) § 158 (a) (3), impelled us to grant certiorari in these three cases. That section provides that "it shall be an unfair labor practice for an employer . . . by discrimination in regard to hire or tenure of employment...

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