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PERRY COAL COMPANY v. N. L. R. B.

Nos. 12889, 12915.

291 F.2d 126 (1961)

PERRY COAL COMPANY and Peabody Coal Company et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. UNITED MINE WORKERS OF AMERICA et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Seventh Circuit.

May 25, 1961.

Attorney(s) appearing for the Case

Howard P. Robinson, Chicago, Ill., William F. Guffey, Paul C. Zempel, St. Louis, Mo., M. E. Boiarsky, Charleston, W. Va., Welly K. Hopkins, Washington, D. C., Edmund Burke, Springfield, Ill., for petitioner.

Thomas J. McDermott, Assoc. Gen. Counsel, Louis Schwartz, Atty., N. L. R. B., Washington, D. C., for respondent.

Before DUFFY and SCHNACKENBERG, Circuit Judges, and MERCER, District Judge.

DUFFY, Circuit Judge.

The National Labor Relations Board has petitioned for a modification of our opinion in Perry Coal Company v. N. L. R. B., 284 F.2d 910, or in the alternative, for a clarification of the ground upon which this Court relied for holding that Peabody need not bargain with any union until after a Board election.

We decline to modify the opinion or the mandate herein. However, we think it proper to state our...

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