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NATIONAL LABOR RELATIONS BOARD v. LOCAL NO. 1261, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

No. 288, Docket 23438.

222 F.2d 542 (1955)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL NO. 1261, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, and its business agent, Irving J. Gibbs, Respondents.

United States Court of Appeals Second Circuit.

Decided May 20, 1955.

Attorney(s) appearing for the Case

Samuel M. Singer, Atty., National Labor Relations Board, Washington, D. C. (David P. Findling, Asso. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Myron S. Waks, Atty., National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

John J. Walsh, Utica, N. Y., for respondents.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and DIMOCK, District Judge.

PER CURIAM.

The record as a whole supports the Board's conclusions that the alleged agreement existed and was enforced in order to "encourage or discourage membership in a labor organization." Much depended on evaluation of the conflicting testimony of the various witnesses who testified before the Trial Examiner, and we would be reluctant in any case to overrule the Examiner's and the Board's resolution of this conflict. Universal Camera Corp. v. N. L. R. B.,

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