OVERNITE TRANSPORTATION COMPANY v. N. L. R. B.

Nos. 10570, 10617.

372 F.2d 765 (1967)

OVERNITE TRANSPORTATION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Chauffeurs, Teamsters and Helpers, Union No. 171, Intervenor. TEAMSTERS LOCAL UNION NO. 171, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1967.


Attorney(s) appearing for the Case

J. W. Alexander, Jr., Charlotte, N. C. (Ernest W. Machen, Jr., and Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for petitioner Overnite Transp. Co.

Hugh J. Beins, Washington, D. C., (Michael F. Grdina, Willoughby, Ohio, on brief), for petitioner Teamsters Local Union No. 171.

Gary Green, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Frank H. Itkin, Atty., N. L. R. B., on brief), for respondent.

Before BRYAN, BELL and CRAVEN, Circuit Judges.


CRAVEN, Circuit Judge.

On November 19, 1964, Overnite Transportation Company bought, with approval of the Interstate Commerce Commission,1 certain operating franchises and physical assets of Rutherford Freight Lines, Inc. Both before and after take-over, the Union2 was the exclusive bargaining agent for thirty employees in units at Roanoke and Pulaski, Virginia. Without affording the Union an opportunity to...

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