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BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENG. v. N. L. R. B.

No. 17316.

302 F.2d 198 (1962)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN and Brotherhood of Railroad Trainmen, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Ninth Circuit.

April 16, 1962.

Attorney(s) appearing for the Case

Ira Schneier, Tucson, Ariz., and McKesson, Renaud & Cook, Phoenix, Ariz., for petitioner.

Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Samuel M. Singer and Herman M. Levy, Attys., for the N. L. R. B., Washington, D. C., for respondent.

Before CHAMBERS and HAMLEY, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge.

The sole question presented by this appeal is whether the Industrial Commission of Arizona is a state agency established to mediate and conciliate disputes.

If it is such an agency, then the Brotherhood of Locomotive Firemen & Enginemen (Firemen) and the Brotherhood of Railroad Trainmen (Trainmen) were guilty of an unfair labor practice because of their failure to notify the Arizona Commission of the existence of a dispute as required...

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