FRUIT AND VEGETABLE PACKERS & WAREHOUSEMEN v. N. L. R. B.

No. 16588.

308 F.2d 311 (1962)

FRUIT AND VEGETABLE PACKERS & WAREHOUSEMEN, LOCAL 760, and Joint Council No. 28 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1962.

Petition for Rehearing Denied October 12, 1962.


Attorney(s) appearing for the Case

Mr. David Previant, Milwaukee, Wis., with whom Messrs. Hugh Hafer, Seattle, Wash., and David Leo Uelmen, Milwaukee, Wis., were on the brief, for petitioners.

Mr. Melvin J. Welles, Atty., N.L.R.B., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L. R.B., were on the brief, for respondent. Mr. Morton Namrow, Atty., N.L.R.B., also entered an appearance for respondent.

Mrs. Mary Ellen Krug, Seattle, Wash., of the bar of the Supreme Court of Washington, pro hac vice, by special leave of court, with whom Mr. Warren Woods, Washington, D. C., was on the brief for Tree Fruits Labor Relations Committee, Inc., as amicus curiae urging affirmance.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.


BAZELON, Circuit Judge.

This case presents a question of first impression under § 8(b) (4) (ii), a wholly new provision added by the 1959 amendments to the Taft-Hartley Act.1 The National Labor Relations Board found that the petitioner Union violated that provision by picketing the premises of retail stores to urge customers not to buy products of an employer with whom the Union had a labor...

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