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N. L. R. B. v. ALBUQUERQUE PHOENIX EXPRESS

No. 8596.

368 F.2d 451 (1966)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALBUQUERQUE PHOENIX EXPRESS, Respondent.

United States Court of Appeals Tenth Circuit.

November 16, 1966.

Attorney(s) appearing for the Case

Vivian Asplund, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel and Allison W. Brown, Jr., Washington, D. C., Attorney, with her on the brief), for petitioner.

Leonard L. Pickering, Albuquerque, N. M., for respondent.

Before PICKETT and HICKEY, Circuit Judges, and BRATTON, District Judge.

HICKEY, Circuit Judge.

The Albuquerque Phoenix Express, hereinafter called Apex, was found to have engaged in an unfair labor practice under Section 8(a) (5) of the National Labor Relations Act.1 The section forbids an employer to refuse to bargain collectively with representatives of his employees.

The local, "Teamsters organization" in Albuquerque, New Mexico, induced eight over-the-road truck drivers of Apex to sign applications...

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