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LOCAL 1325, RETAIL CLERKS INTERNATIONAL ASS'N v. N.L.R.B.

Nos. 6172, 6205.

325 F.2d 293 (1963)

LOCAL 1325, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TOPPS KERRMILL, INC., Respondent.

United States Court of Appeals First Circuit.

December 13, 1963.

Attorney(s) appearing for the Case

Warren H. Pyle, Boston, Mass., with whom Grant, Angoff, Goldman & Manning, Boston, Mass., was on brief, for Local 1325, Retail Clerks International Association, AFL-CIO.

A. Brummel, Washington, D. C., Atty., with whom Arnold Ordman, Gen. Counsel, Dominick L. Monoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davison, Washington, D. C., Atty., were on brief, for National Labor Relations Board.

John E. Jay, New York City, with whom Robert H. Pick and Parker, Chapin & Flattau, New York City, were on brief, for Topps Kerrmill, Inc.

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

PER CURIAM.

On these petitions for review and enforcement of a Labor Board order the only question we find worth discussing is whether an employer, who has afforded a union access to the plant and reasonable but not excessive assistance in its organizational campaign in admitted ignorance that another union was also attempting organization, has unfairly discriminated against the rival union by failing to grant that union's request for equal access made only after...

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