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N. L. R. B. v. ROHLEN

No. 16096.

385 F.2d 52 (1967)

NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellee, v. Karl ROHLEN, as President of Crane Packing Company, and Crane Packing Company, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

November 3, 1967.

Attorney(s) appearing for the Case

John Harrington, Albert J. Smith, Theophil C. Kammholz, Richard H. Schnadig, Chicago, Ill., for defendants-appellants, Vedder, Price, Kaufman & Kammholz, Fyffe & Clarke, Chicago, Ill., of counsel.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, Atty., National Labor Relations Board, Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marion Griffin, Atty., National Labor Relations Board, Washington, D. C., for appellee.

Harold A. Katz, Irving M. Friedman, Chicago, Ill., amicus curiae on behalf of the Union, Stephen I. Schlossberg, Detroit, Mich., of counsel.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT. Circuit Judges.

SWYGERT, Circuit Judge.

This case presents two principal questions bearing on representation elections conducted by the National Labor Relations Board. The first and underlying question is whether an election rule, promulgated by the Board in Excelsior Underwear, Inc., 156 N.L.R.B. 1236 (1966), was a valid exercise of the Board's statutory authority. The new rule requires an employer to furnish to the Board's Regional Director, prior to a representation election,...

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