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LEWIS v. N. L. R. B.

Nos. 18863, 18952.

350 F.2d 801 (1965)

Raymond O. LEWIS et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Edward G. FOX, Quinn Morton, III, and Hamilton K. Beebe, as Agents for the Coal Operators, Signatory to the National Bituminous Coal Wage Agreement of 1950 and as Members of the Joint-Industry Contract Committee Established by that Agreement, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided August 4, 1965.

Attorney(s) appearing for the Case

Mr. M. E. Boiarsky, Charleston, W. Va., with whom Messrs. Welly K. Hopkins, Harrison Combs and Willard P. Owens, Washington, D. C., were on the brief, for petitioners in No. 18863.

Mr. Melvin J. Welles, Atty., N. L. R. B., with whom Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Miss Marion Griffin, Atty., N. L. R. B., were on the brief, for respondent in No. 18863 and petitioner in No. 18952.

Mr. David D. Johnson, Charleston, W. Va., with whom Mr. Robert G. Kelly, Charleston, W. Va., was on the brief, for respondent Quinn Morton, III in No. 18952.

Mr. Guy Farmer, Washington, D. C., filed a brief on behalf of Bituminous Coal Operators Ass'n, as amicus curiae.

Mr. Armistead W. Gilliam, Jr., Washington, D. C., filed a brief on behalf of Dixie Mining Co., as amicus curiae.

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

BAZELON, Chief Judge:

The National Labor Relations Board found on a stipulated record that the Protective Wage Clause of the National Bituminous Coal Wage Agreement of 1958 violates § 8(e) of the National Labor Relations Act, 29 U.S.C. § 158(e). The Board characterized the clause, the pertinent part of which is set out in the margin,1 as a "union standards clause." In several cases decided...

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