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INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, ETC. v. N. L. R. B.

No. 17158.

316 F.2d 373 (1963)

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, McDermott Fabricators, a Division of J. Ray McDermott & Co., Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1963.

Attorney(s) appearing for the Case

Mr. Herbert S. Thatcher, Washington, D. C., for petitioner. Messrs. James F. Carroll and Donald M. Murtha, Washington, D. C., also entered appearances for petitioner.

Mr. Standau E. Weinbrecht, Atty., N. L. R. B., of the bar of the Supreme Court of Indiana, pro hac vice, by special leave of court, with whom Messrs. Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., were on the brief, for respondent. Mr. Hans J. Lehmann, Atty., N. L. R. B., also entered an appearance for respondent.

Mr. Richard C. Keenan, New Orleans, La., with whom Messrs. Samuel Lang, New Orleans, La., and Milton C. Denbo, Washington, D. C., were on the brief, for intervenor, McDermott Fabricators, a division of J. Ray McDermott & Company.

Mr. John J. McBurney, Washington, D. C., filed a brief on behalf of E. J. Bourgeois, et al., as amici curiae urging reversal.

Before BAZELON, Chief Judge, and BURGER and WRIGHT, Circuit Judges.

PER CURIAM.

Appellant filed unfair labor practice charges against intervenor, based upon certain alleged actions in the period November 18, 1958, to February 23, 1959. The General Counsel issued complaints based upon these charges on February 25 and May 11, 1959. After a full hearing on the merits before a hearing examiner, the Board, on March 21, 1962, dismissed the complaints on the ground that the union was not in compliance with Sections 9(f) and (g)

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