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N. L. R. B. v. SILVER BAKERY, INC., OF NEWTON MASSACHUSETTS

No. 6504.

351 F.2d 37 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SILVER BAKERY, INC., OF NEWTON, MASSACHUSETTS, et al., Respondents.

United States Court of Appeals First Circuit.

October 1, 1965.

Attorney(s) appearing for the Case

Paul J. Spielberg, Washington, D. C., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Glen M. Bendixsen, Washington, D. C., were on brief, for petitioner.

Allan A. Tepper, Boston, Mass., with whom Snyder, Tepper, Berlin & Katz, Boston, Mass., was on brief, for Silver Bakery, Inc., of Newton, respondent.

Warren H. Pyle, Boston, Mass., with whom Angoff, Goldman, Manning & Pyle, Boston, Mass., was on brief, for Bakers Union Local No. 45, affiliated with Bakery & Confectionery Workers International Union of America, intervenor.

Before ALDRICH, Chief Judge, J. WARREN MADDEN, Senior Judge, and JULIAN, District Judge.

ALDRICH, Chief Judge.

One O'Brien, the charging party, was discharged by respondent employer at the insistence of the respondent union because of a breach of an unwritten union practice calling for early notice to the union of his intention to take a day off. O'Brien violated no provision of the collective bargaining agreement. The Board's finding that the employer did not wish to discharge him, but did so only because the union demanded it, was amply warranted. We...

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