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LOCAL 282, INTERNATIONAL BRO. OF TEAMSTERS, ETC. v. N. L. R. B.

Nos. 109, 110, Dockets 28815, 28847.

339 F.2d 795 (1964)

LOCAL 282, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. J. WHITE READY-MIX CONCRETE CORP., Respondent.

United States Court of Appeals Second Circuit.

Decided December 23, 1964.

Attorney(s) appearing for the Case

Herbert A. Levy and Cohen & Weiss, New York City (Stanley M. Berman, New York City, of counsel), for petitioner Local 282.

Allison W. Brown, Jr., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Robert G. Sewell, Atty., Washington, D. C., for National Labor Relations Board.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

We have here a petition by a union, whose unfair labor practice charge against an employer led to the issuance of a complaint, for review of a consent order entered without hearing over its objection, and a petition by the Board for enforcement against the employer. The basic issue is the Board's power to make a settlement over the objection of the charging person without an evidentiary hearing of some sort. The issue is not determined —...

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