DALLAS GENERAL DRIVERS, W. & H., LOCAL NO. 745 v. N. L. R. B.

No. 19265.

355 F.2d 842 (1966)

DALLAS GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 745, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Empire Terminal Warehouse Co., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 6, 1966.


Attorney(s) appearing for the Case

Mr. David R. Richards, Dallas, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Messrs. L. N. D. Wells, Jr., Dallas, Tex., and Herbert S. Thatcher, Washington, D. C., were on the brief, for petitioner. Mr. David S. Barr, Washington, D. C., also entered an appearance for petitioner.

Mr. Hans J. Lehmann, 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 Allison W. Brown, Jr., Atty., N. L. R. B., were on the brief, for respondent.

Mr. Allen P. Schoolfield, Jr., Dallas, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Mr. J. Parker Connor, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.


BURGER, Circuit Judge:

The issue under review is whether the National Labor Relations Board could properly find that an employer and a union had bargained to an impasse, thus warranting the employer in reducing wages unilaterally after termination of their existing contract.

Petitioner, a local union affiliated with the International Brotherhood of Teamsters, seeks review of an order of the Board dismissing a complaint arising from charges filed by Petitioner...

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