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DRIVERS, CHAUFFEURS & HELPERS LOCAL U., ETC. v. N. L. R. B.

No. 14347.

274 F.2d 551 (1958)

DRIVERS, CHAUFFEURS AND HELPERS LOCAL UNION NO. 639, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided November 26, 1958.

Certiorari Granted April 20, 1959.

Attorney(s) appearing for the Case

Mr. Herbert S. Thatcher, Washington, D. C., for petitioner. Messrs. Martin F. O'Donoghue and Thomas X. Dunn, Washington, D. C., also entered appearances for petitioner.

Mr. Norton J. Come, Deputy Asst. General Counsel, National Labor Relations Board, with whom Messrs. Jerome D. Fenton, General Counsel, National Labor Relations Board, Thomas J. McDermott, Associate General Counsel, National Labor Relations Board, Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, and Duane B. Beeson, Attorney, National Labor Relations Board, were on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

Certiorari Granted April 20, 1959. See 79 S.Ct. 876.

BAZELON, Circuit Judge.

This appeal presents the question whether peaceful picketing to achieve recognition by members of a union which does not claim to represent a majority of the bargaining unit violates § 8(b) (1) (A) of the National Labor Relations Act, where no majority union has been certified.1

In 1953 the National Labor Relations Board certified the petitioner...

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