UNITED STATES PIPE AND FOUNDRY COMPANY v. N. L. R. B.

No. 18678.

298 F.2d 873 (1962)

UNITED STATES PIPE AND FOUNDRY COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

February 1, 1962.


Attorney(s) appearing for the Case

John J. Coleman, Jr., Douglas Arant, Birmingham, Ala., E. L. All, White, Bradley, Arant, All & Rose, Birmingham, Ala., of counsel, for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Dominick L. Manoli, Assoc. Gen. Counsel, N. L. R. B., Allan I. Mendelsohn, Atty., N. L. R. B., Washington, D. C., Stuart Rothman, General Counsel, Elizabeth W. Weston, Attorney, National Labor Relations Board, Washington, D. C., for respondent.

Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.


RIVES, Circuit Judge.

The difference between the parties is pointed up by their separate concepts of the question to be decided. The petitioner-employer submits that the issue is:

"Whether a union, the certified representative of a plant bargaining unit may require of an employer as a condition to its agreement that its contract and all contracts under negotiation between the employer and other certified representatives...

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