Boyd S. LEEDOM et al., individually and as Chairman and Members of and Constituting the National Labor Relations Board, Appellants,
v.
William KYNE, individually and as President of Buffalo Section, Westinghouse Engineers Association, Engineers and Scientists of America, a voluntary unincorporated Labor Organization, Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 13, 1957.
Decided September 16, 1957.
Attorney(s) appearing for the Case
Mr. Norton J. Come, Attorney, National Labor Relations Board, with whom Messrs. Stephen Leonard, Associate General Counsel, National Labor Relations Board, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief, for appellants.
Mr. Jonas Silver, New York City, with whom Mr. Bernard Dunau, Washington, D. C., was on the brief, for appellee. Mr. Samuel H. Jaffee, Washington, D. C., also entered an appearance for appellee.
Mr. Milton F. Lunch, Washington, D. C., filed a brief on behalf of National Society of Professional Engineers, as amicus curiæ, urging affirmance.
Messrs. Gerard D. Reilly and Joseph C. Wells, Washington, D. C., filed a brief on behalf of Engineers Joint Council, as amicus curiæ, urging affirmance.
Before BAZELON, BASTIAN and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Circuit Judge.
Appellee, President of the Westinghouse Engineers Association,1 brought this suit against appellant members of the National Labor Relations Board to set aside a certification under § 9 of the National Labor Relations Act, 29 U.S. C.A. § 159. The unit certified consisted of 233 admittedly professional employees, within the meaning of § 2(12) of the Act, 29 U.S.C.A. § 152(12), whom the Engineers...
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