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NATIONAL LABOR REL. BD. v. J. H. RUTTER-REX MFG. CO.

No. 16422.

245 F.2d 594 (1957)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. H. RUTTER-REX MANUFACTURING COMPANY, Inc., Respondent.

United States Court of Appeals Fifth Circuit.

June 10, 1957.

Attorney(s) appearing for the Case

Arnold Ordman, Atty., N. L. R. B., Stephen Leonard, Associate Gen. Counsel, N. L. R. B., Washington, D. C., Jerome D. Fenton, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, John E. Jay, Atty., National Labor Relations Board, Washington, D. C., for petitioner.

John M. Scott, Fort Worth, Tex., Henry J. Read, New Orleans, La., John Edward Price, Samuels, Brown, Herman & Scott, Fort Worth, Tex., for respondents.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

BROWN, Circuit Judge.

The question, as framed by the Employer, is whether, as claimed by it, the Union's action in suddenly breaking off negotiations and calling of the strike of April 21, 1954 in repudiation of its promise not to do so, relieved the Employer from the duty to bargain thereafter.

Because its conduct has been so positive, and its justification in terms of right so emphatic,1 we need not concern ourselves with the...

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