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N. L. R. B. v. ALAMO WHITE TRUCK SERVICE, INC.

No. 17764.

273 F.2d 238 (1959)

NATIONAL LABOR RELATIONS BOARD, Appellant, v. ALAMO WHITE TRUCK SERVICE, INC., Appellee.

United States Court of Appeals Fifth Circuit.

December 29, 1959.

Attorney(s) appearing for the Case

Allison W. Brown, Jr., Atty., Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Stuart Rothman, Gen. Counsel, Frederick U. Reel, Atty., N.L.R.B., Washington, D. C., for appellant.

Theo. F. Weiss, Clemens, Knight, Weiss & Spencer, San Antonio, Tex., for respondent.

Before HUTCHESON, JONES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The question for decision is whether the respondent is a successor employer, for the purpose of an unfair labor practice proceeding, and as such bound to honor NLRB certification of unions certified as the bargaining representatives of the predecessor employer.

The complaint charged Alamo White Truck Service, Inc. of San Antonio, Texas, with violating Sections 8(a) (3) and 8(a) (5) of the National Labor Relations

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