N. L. R. B. v. HERMAN SAUSAGE CO.

No. 17737.

275 F.2d 229 (1960)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HERMAN SAUSAGE CO., Inc., Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 8, 1960.


Attorney(s) appearing for the Case

Alfred Brummel, Atty., N.L.R.B., Thomas J. McDermott, Assoc. Gen. Counsel, N.L.R.B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Stuart Rothman, Gen. Counsel, Frederick U. Reel, Atty., National Labor Relations Board, Washington, D. C., for petitioner.

Alexander E. Wilson, Jr., Atlanta, Ga., Waldo DeLooche, Moultrie, Ga. Wilson Branch & Barwick, Atlanta, Ga., Joseph A. McClain, Jr., Tampa, Fla., for respondent.

Before TUTTLE, BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The Board seeks enforcement of its order, 122 NLRB 23, holding that respondent, the Employer, violated § 8(a) (5) and (1) for refusing to bargain in good faith and making unilateral increases in wages during the course of bargaining thereby precipitating an unfair labor practice strike. 29 U.S.C.A. § 158(a) (5) and (1). We enforce.

At the outset it is well to point out the function of this Court and the limited nature...

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