TRUCK DRIVERS & HELPERS L. U. NO. 728, ETC. v. N. L. R. B.

No. 17288.

265 F.2d 439 (1959)

TRUCK DRIVERS AND HELPERS LOCAL UNION NO. 728 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 11, 1959.


Attorney(s) appearing for the Case

Edwin Pearce, John S. Patton, Poole, Pearce & Hall, Atlanta, Ga., for petitioner.

Franklin C. Milliken, Atty., Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Jerome D. Fenton, Gen. Counsel, Norton J. Come, Deputy Asst. Gen. Counsel, N.L.R.B., Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The matter before us concerns a secondary boycott by members of the Teamsters Union. Two questions are before us. (1) Did the Union induce the boycott or was the boycott a result of individual action? (2) Were the union activities privileged under the hot cargo clause?

The Union1 is the certified bargaining agent of the production and maintenance employees of the Rayloc Division of the Genuine Parts Company...

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