GENERAL DRIVERS, ETC. v. NATIONAL LABOR REL. BD.

Nos. 13394, 13406.

247 F.2d 71 (1957)

GENERAL DRIVERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS UNION, LOCAL NO. 886, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. LOCAL 850, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided May 9, 1957.


Attorney(s) appearing for the Case

Mr. Herbert S. Thatcher, Washington, D. C., for petitioner Gen. Drivers, Chauffeurs, Warehousemen and Helpers Union, Local No. 886.

Mr. Louis P. Poulton, Pasadena, Md., of the bar of the Supreme Court of Maryland, pro hac vice, by special leave of Court, with whom Mr. Plato E. Papps, Washington, D. C., was on the brief, for petitioner Internat. Assn. of Machinists, Local No. 850.

Mr. Norton J. Come, Atty., N. L. R. B., with whom Mr. Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., was on the brief, for respondent.

Before PRETTYMAN, WASHINGTON and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

These cases involve the issue as to whether or not the so-called "hot cargo" clause1 in a labor contract, wherein an employer agrees that his employees shall not be required to handle struck goods, is enforceable by the union party thereto, and whether it (the hot cargo clause) may be used as an excuse by a union on strike to conduct secondary picketing.

The facts found by the Trial Examiner and the majority...

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