MEAT AND HIGHWAY DRIVERS, DOCKMEN, ETC. v. N. L. R. B.

No. 18091.

335 F.2d 709 (1964)

MEAT AND HIGHWAY DRIVERS, DOCKMEN, HELPERS AND MISCELLANEOUS TRUCK TERMINAL EMPLOYEES, LOCAL UNION NO. 710, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided June 25, 1964.


Attorney(s) appearing for the Case

Mr. Bernard Dunau, Washington, D. C., for petitioner.

Mr. Melvin J. Welles, Attorney, National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Mrs. Janet Kohn, Attorney, National Labor Relations Board, were on the brief, for respondent.

Messrs. Earl G. Spiker and P. Gordon Stafford, Washington, D. C., filed a brief on behalf of Swift & Company, as amicus curiae.

Mr. Sidney A. Diamond, New York City, filed a brief on behalf of Armour & Co., as amicus curiae.

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


WRIGHT, Circuit Judge:

The National Labor Relations Board has found that certain subcontracting clauses of petitioner's bargaining agreements and proposals are void under § 8 (e)1 of the Labor Act, and that economic action to obtain their provisions violated § 8(b) (4) (i) (ii) (A) and (B).2 The subcontracting clauses involved will be referred to as the work allocation clause,3<...

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