LOCAL UNION NO. 9735, UNITED MINE WORKERS OF AMERICA, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 11, 1958.
Decided June 20, 1958.
Attorney(s) appearing for the Case
Mr. M. E. Boiarsky, Charleston, W. Va., for petitioner.
Mr. Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, with whom Mr. Thomas J. McDermott, Associate General Counsel, National Labor Relations Board, Miss Fannie M. Boyls and Mr. William W. Watson, Attorneys, National Labor Relations Board, were on the brief, for respondent. Mr. Stephen Leonard, Associate General Counsel, National Labor Relations Board, at the time record was filed, also entered an appearance for respondent.
Before FAHY and BURGER, Circuit Judges, and MADDEN, Judge, United States Court of Claims.
United States Court of Appeals District of Columbia Circuit.
FAHY, Circuit Judge.
Section 8(d) of the Labor Act1 provides that where a collective bargaining contract is in effect the duty to bargain collectively shall mean that no party to the contract shall terminate or modify it without inter alia serving a written notice on the other party of the proposed termination or modification sixty days prior to the expiration of the contract.
A strike occurred in the winter of 1956 at a...
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