RETAIL CLERKS INTERNATIONAL ASS'N, LOC. U. NO. 1288 v. N. L. R. B.

No. 21010.

390 F.2d 858 (1968)

RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 1288, AFL-CIO; Retail Clerks International Association, Local Union No. 839, AFL-CIO; and Retail Clerks International Association, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, James R. and Roger Mead, Co-Partners, d/b/a Mead's Market, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided January 18, 1968.


Attorney(s) appearing for the Case

Mr. Robert P. Cowell, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. S. G. Lippman, Washington, D. C., was on the brief, for petitioners. Mr. Tim Bornstein, Washington, D. C., also entered an appearance for petitioners.

Mr. Gary Green, Attorney, National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief, for respondent.

Mr. Ted R. Frame, Coolinga, Cal., was on the brief for intervenors.

Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

The single question presented by this appeal is whether the food demonstrator clause1 sought by the unions for inclusion in their proposed bargaining agreement with two northern California retail grocers is prohibited by Section 8 (e)2 of the National Labor Relations Act. The Board, reversing its trial examiner, found that it is, and...

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