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VALLEY FORGE FLAG COMPANY v. NATIONAL LABOR RELATIONS BOARD

No. 15558.

364 F.2d 310 (1966)

VALLEY FORGE FLAG COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Third Circuit.

Decided July 1, 1966.

Attorney(s) appearing for the Case

Philip P. Kalodner, Philadelphia, Pa. (Leonard J. Cook, Jerome Handler, Robert A. Bloom, Shapiro, Stalberg, Cook, Murphy & Kalodner, Philadelphia, Pa., on the brief), for petitioner.

William Wachter, N. L. R. B., Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Solomon I. Hirsh, Attorney, N. L. R. B., on the brief), for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN and SMITH, Circuit Judges.

PER CURIAM.

This petition for review of an order of the NLRB and the Board's cross-petition for enforcement raise several issues. The pivotal question is whether the Valley Forge Flag Company violated § 8(a) (3) of the National Labor Relations Act, 29 U.S.C. § 158(a) (3), by closing down one of its plants and transferring operations to its remaining plants. Speaking figuratively, the issue is whether the petitioner employed the device of the "runaway shop...

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