WESTERN STATES REG. COUN. NO. 3, INT. WOODWORKERS v. N. L. R. B.

No. 21317.

398 F.2d 770 (1968)

WESTERN STATES REGIONAL COUNCIL NO. 3, INTERNATIONAL WOODWORKERS OF AMERICA, AFL-CIO, and Western Council of Lumber and Sawmill Workers, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Weyerhaeuser Company, Crown Zellerbach Corporation, Rayonier Incorporated, and International Paper Company and Association, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1968.


Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. John Silard and George Kaufmann and Mrs. Harriett R. Taylor, Washington, D. C., were on the brief, for petitioners.

Mr. Glen M. Bendixsen, Atty., N.L.R.B., with whom 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.

Mr. Charles F. Prael, San Francisco, Cal., with whom Mr. Guy Farmer, Washington, D. C., was on the brief, for intervenors.

Before BAZELON, Chief Judge, and WRIGHT and McGOWAN, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

Once again we are asked to review an order of the National Labor Relations Board absolving the four lumber companies, intervenors here, from a violation of Section 8(a) (1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1) and (3) (1964 ed.). Our first contact with this case left us with some doubt as to the validity of the theory upon which the Board was proceeding and consequently we remanded the case to the...

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