SIMMONS, INC. v. N. L. R. B.

No. 5950.

315 F.2d 143 (1963)


United States Court of Appeals First Circuit.

March 21, 1963.

Attorney(s) appearing for the Case

Eduardo Negron Rodriguez, San Juan, P. R., with whom Fiddler, Gonzalez & Rodriguez, San Juan, P. R., was on brief, for petitioner.

Melvin J. Welles, Washington, D. C., Attorney, with whom Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Gary Green, Washington, D. C., Atty., were on brief, for respondent.

Before WOODBURY, Chief Judge, and MARIS and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

Just as in union there is strength, in disunity there is difficulty. The question in this case is upon whom fall the consequences. For some years the production employees of Simmons, Inc., a corporation doing business in Puerto Rico, were represented by a union known as the Mattress Workers. This union had a collective bargaining agreement, to expire January 31, 1959. By 1958 the union was apparently moribund, and the Seafarers International...

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