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LOCAL UNION 219, RETAIL CLERKS INTER. ASS'N v. N. L. R. B.

No. 14481.

265 F.2d 814 (1959)

LOCAL UNION 219, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided March 19, 1959.

Attorney(s) appearing for the Case

Mr. S. G. Lippman, Washington, D. C., for petitioner. Mr. Joseph E. Finley, Washington, D. C., also entered an appearance for petitioner.

Mr. Owsley Vose, Attorney, 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, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief, for respondent.

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

WASHINGTON, Circuit Judge.

This case concerns the interpretation to be given the "cooling-off" provisions of Section 8(d) of the National Labor Relations Act, added by 61 Stat. 142 (1947), 29 U.S.C.A. § 158(d), with particular reference to the requirement of notice to the Federal Mediation and Conciliation Service and its state and territorial counterparts. The Board held that an economic strike called by the petitioner union was unlawful — and in violation...

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