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DRIVERS, SALESMEN, ETC., LOCAL UNION NO. 695 v. N. L. R. B.

Nos. 19386, 19429.

361 F.2d 547 (1966)

DRIVERS, SALESMEN, WAREHOUSEMEN, MILK PROCESSORS, CANNERY, DAIRY EMPLOYEES AND HELPERS, LOCAL UNION NO. 695, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MADISON EMPLOYERS' COUNCIL et al., Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided May 6, 1966.

Attorney(s) appearing for the Case

Mr. David Leo Uelmen, Milwaukee, Wis., with whom Mr. David Previant, Milwaukee, Wis., was on the brief, for petitioner in No. 19386. Mr. Herbert Thatcher, Washington, D. C., also entered an appearance for petitioner in No. 19386.

Mr. Gary Green, Atty., N.L.R.B., with who Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., were on the brief, for respondent in No. 19386 and petitioner in No. 19429.

Messrs. Louis Sherman and Charles R. Donnenfeld, Washington, D. C., filed a brief on behalf of Building and Construction Trades Department, AFL-CIO, as amicus curiae.

No brief was filed and no appearance was entered for respondent in No. 19429.

Before BAZELON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

BAZELON, Chief Judge:

The Threlfall Construction Company, a general contractor, filed an unfair labor practice charge with the National Labor Relations Board alleging that the Madison Employers Council (representing a number of construction companies) and Local 695 of the Teamsters Union had entered into a contract in violation of section 8(e) of the National Labor Relations Act. The parties waived hearing before a trial examiner and submitted the matter directly...

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