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REPUBLIC ALUMINUM COMPANY v. N. L. R. B.

No. 22716.

394 F.2d 405 (1968)

REPUBLIC ALUMINUM COMPANY, formerly Bauer Aluminum Co., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

April 25, 1968.

Attorney(s) appearing for the Case

Allen P. Schoolfield, Jr., Hugh M. Smith, Dallas, Tex., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Elliott C. Lichtman, Atty., N.L.R.B., Washington, D. C., for respondent.

Michael H. Gottesman, Elliott Bredhoff, George H. Cohen, Washington, D. C., for intervenor.

Before BROWN, Chief Judge, TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD and DYER, Circuit Judges.

On Petition for Rehearing

TUTTLE, Circuit Judge:

The narrow question presented on this appeal may be stated as follows: In an unfair labor practice proceeding, brought by the union on the ground that the company enforced a rule prohibiting entry on plant property without permission to discipline off-duty employees distributing union literature in the company parking lot, does the general counsel have the burden of showing that there were insufficient alternative...

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