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NATIONAL LABOR RELATIONS BOARD v. LOCAL 1423, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL

No. 15959.

240 F.2d 594 (1957)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 1423, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL, Respondent.

United States Court of Appeals Fifth Circuit.

February 1, 1957.

Attorney(s) appearing for the Case

Samuel M. Singer, Atty. N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., David P. Findling, Assoc. Gen. Counsel, N. L. R. B., Washington, D. C., for petitioner.

L. N. D. Wells, Jr., Dallas, Tex., Francis X. Ward, Indianapolis, Ind., for respondent.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

RIVES, Circuit Judge.

On rehearing respondent insists that the Court erred in holding, by implication, that where respondent presents no evidence, but rests its case after denial of motion to dismiss, the Board may place upon it the burden of disproving the discrimination alleged. We think it apparent from our original decision that the ruling complained of1 was upheld in reliance upon the Trial Examiner's statement in the printed...

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