N. L. R. B. v. HOUSTON CHAP., ASSO. GEN. CON. OF AMERICA, INC.

No. 21327.

349 F.2d 449 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOUSTON CHAPTER, ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC., and Construction Employers' Association of Texas, Respondents.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 14, 1965.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Melvin Wells, Atty., Arnold Ordman, Gen. Counsel, Marion Griffin, Atty., N. L. R. B., Washington, D. C., for petitioner.

V. R. Burch, Jr., L. G. Clinton, Jr., H. L. Deakins, Jr., John B. Abercrombie, Houston, Tex. (Fulbright, Crooker, Freeman, Bates & Jaworski, Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel), for respondents.

Howard M. Fender, Asst. Atty. Gen. of Texas, Waggoner Carr, Atty. Gen., Hawthorne Phillips, First Asst. Atty. Gen., Edward R. Moffett, Robert W. Norris, Asst. Attys. Gen., Austin, Tex., for intervenor.

Chris Dixie, Houston, Tex., Robert Connerton, Washington, D. C., Dixie & Schulman, James F. Wolf, Houston, Tex., for charging party.

Louis Sherman, Sherman, Dunn & Sickles, Washington, D. C., proposed amicus curiae.

Before GEWIN and BELL, Circuit Judges, and McRAE, District Judge.


GRIFFIN B. BELL, Circuit Judge:

This petition of the National Labor Relations Board for enforcement of its order finding respondents in violation of § 8(a) (5) and (1) of the Act1 presents a unique labor law question. Respondents are non-profit corporations with memberships consisting of employers engaged in the building and construction trade in Texas. The unfair labor practice charge which gave rise to the petition to enforce was...

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