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N. L. R. B. v. MOUNTAIN PACIFIC CHAPTER OF ASSOC. GEN. CON.

No. 15966.

270 F.2d 425 (1959)

NATIONAL LABOR RELATIONS BOARD, Appellant, v. MOUNTAIN PACIFIC CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS, INC.; The Associated General Contractors of America, Seattle Chapter, Inc.; Associated General Contractors of America, Tacoma Chapter; International Hodcarriers, Building and Common Laborers Union of America, Local No. 242, AFL-CIO; and Western Washington District Council of International Hodcarriers, Building and Common Laborers Union of America, AFL-CIO, Respondents.

United States Court of Appeals Ninth Circuit.

August 28, 1959.

Attorney(s) appearing for the Case

Jerome D. Fenton, Gen. Counsel, Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Duane B. Beeson, William J. Avrutis, Attys., N.L.R.B., Washington, D. C., for petitioner.

Louis Sherman, Cornelius Gray, William J. Brown, Washington, D. C., for Building & Construction Trades Dept., AFL-CIO, intervenor.

Elliott, Lee, Carney & Thomas, Seattle, Wash., for Mountain Pacific Chapter of Associated Gen. Contractors of America.

Lycette, Diamond & Sylvester, Lyle L. Iversen, Seattle, Wash., for Associated Gen. Contractors of America, Seattle Chapter, Inc., and Associated Gen. Contractors of America, Tacoma Chapter.

L. Presley Gill, Seattle, Wash., and Vincent Morreale, Washington, D. C., for Union respondents and petitioners.

Before FEE and JERTBERG, Circuit Judges, and YANKWICH, District Judge.

JAMES ALGER FEE, Circuit Judge.

Lewis, a colored hodcarrier, had almost twenty years' experience in servicing bricklayers and plasterers. He was dropped from union membership in 1949 by Building and Common Laborers Union of America, Local No. 242, AFL-CIO, for nonpayment of dues. Lewis applied for work at the hiring hall maintained by this Union and in effect embraced by a contract entered into between Mountain Pacific Chapter, Seattle Chapter and Tacoma Chapter,...

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