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N. L. R. B. v. SKLAR

No. 15016.

316 F.2d 145 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Gerald SKLAR and Alfred Goldman, Co-Partners d/b/a Michigan Advertising Distributing Company, and Detroit Mailers Union No. 40, International Typographical Union, AFL-CIO, Respondents.

United States Court of Appeals Sixth Circuit.

April 22, 1963.

Attorney(s) appearing for the Case

Elliott Moore, N. L. R. B., Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles, Atty., N. L. R. B., Washington, D. C., on the brief), for petitioner.

Stanley Gelfund, Detroit, Mich., for Sklar & Gelfund, d/b/a Michigan Advertising & Distributing Co.

Sheldon L. Klimist, Detroit, Mich. (Zwerdling, Miller, Klimist & Maurer, A. L. Zwerdling, Detroit, Mich., on the brief; Van Arkel & Kaiser, Washington, D. C., of counsel), for Detroit Mailers Union No. 40 International Typographical Union, AFL-CIO.

Before MILLER and WEICK, Circuit Judges, and BOYD, District Judge.

WEICK, Circuit Judge.

This case has questions as to when and how an employer,1 who is a member of a multi-employer unit for collective bargaining purposes, may withdraw therefrom and bargain individually with a labor union.

The Board held, in representation proceedings, involving rival labor unions, in which the employer, MAD, did not participate except to supply information concerning its interstate business, that the withdrawal...

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