INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Its DISTRICTS 17 AND 28, and Its Locals 6594 and 6937, Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent,
Dixie Mining Co., Dan S. Davison, Intervenors.
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
BITUMINOUS COAL OPERATORS ASSOCIATION, Respondent,
International Union, United Mine Workers of America, Its Districts 17 and 28, and Its Locals 6594 and 6937, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 15, 1968.
Decided July 2, 1968.
Petition for Rehearing Denied October 9, 1968.
Attorney(s) appearing for the Case
Mr. Edward L. Carey, Washington, D. C., with whom Messrs. Harrison Combs and Willard P. Owens, Washington, D. C., were on the brief, for petitioners in No. 21,129 and intervenors in No. 21,226.
Mr. Guy Farmer, Washington, D. C., with whom Mr. John A. McGuinn, Washington, D. C., was on the brief, for respondent in No. 21,226.
Mr. Glen M. Bendixsen, Atty., National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst. General Counsel, were on the brief, for petitioner in No. 21,226 and respondent in No. 21,129.
Mr. Julian H. Singman, Washington, D. C., with whom Messrs. Orlin L. Livdahl, Jr., and Stephen M. Nassau, Washington, D. C., were on the brief, for intervenor Dixie Mining Co.
Mr. J. Mack Swigert, Cincinnati, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of court, with whom Messrs. Frank H. Stewart, Cincinnati, Ohio, and Stanley R. Strauss, Washington, D. C., were on the brief, for intervenor Dan S. Davison.
Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Chief Judge:
The question on this appeal relates to a clause of the National Bituminous Coal Wage Agreement of 1958, as amended, 1964, providing for an 80 cent per ton royalty payment to the Union's Welfare Fund on all bituminous coal procured or acquired for use or sale on which the 40 cents per ton royalty required by the union contract had not been paid.1 The Board decided that this...
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