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N. L. R. B. v. W. L. RIVES COMPANY

No. 18273.

288 F.2d 511 (1961)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. W. L. RIVES COMPANY, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 6, 1961.

Attorney(s) appearing for the Case

Earle W. Putnam, Atty., N. L. R. B., Dominick Manoli, Associate Gen. Counsel, N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Stuart Rothman, Gen. Counsel, Melvin J. Welles, Attys., N. L. R. B., Washington, D. C., for petitioner.

Albert S. C. Millar, Jr., Hamilton & Bowden, Jacksonville, Fla., for respondent.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.

JOHN R. BROWN, Circuit Judge.

The question here is whether an employer "caught `between the devil and the deep blue,'" N. L. R. B. v. Radio and Television Broadcast Engineers, 1961, 364 U.S. 573, 81 S.Ct. 330, 332, 5 L.Ed.2d 302, through a jurisdictional controversy was guilty of unfair labor practice, refusal to bargain and discriminatory refusal to rehire strikers under § 8(a) (1, 3, 5). 29 U.S.C.A. § 158(a) (1, 3, 5), when...

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