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HOTEL EMPLOYEES LOCAL NO. 255 v. LEEDOM

No. 13765.

249 F.2d 506 (1957)

HOTEL EMPLOYEES LOCAL NO. 255, Hotel and Restaurant Employees and Bartenders International Union, and Hotel and Restaurant Employees and Bartenders International Union, A.F.L.-C.I.O., Appellants, v. Boyd LEEDOM, individually and as Chairman, National Labor Relations Board, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided October 24, 1957.

Attorney(s) appearing for the Case

Mr. Benjamin Gettler, Cincinnati, Ohio of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, with whom Mr. David E. Feller, Washington, D. C., was on the brief, for appellants.

Mr. Arnold Ordman, Attorney, National Labor Relations Board, of the bar of the Supreme Court of Massachusetts, pro hac vice, by special leave of Court, with whom Messrs. Stephen Leonard, Associate General Counsel, National Labor Relations Board, Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, and John E. Jay, Attorney, National Labor Relations Board, were on the brief, for appellees.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

We affirm on the opinion of District Judge Morris, 147 F.Supp. 306.

Affirmed.

FAHY, Circuit Judge (dissenting).

I would reverse. It seems to me to be inconsistent with the terms of section 9(c) of the Labor Relations Act, as amended, and therefore to constitute unlawful action by the Board, for it to refuse to assume jurisdiction over any representation case involving any hotel, notwithstanding...

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