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PEPSI-COLA BUFFALO BOTTLING COMPANY v. N. L. R. B.

Nos. 339, 340, Dockets 32417, 32418.

409 F.2d 676 (1969)

PEPSI-COLA BUFFALO BOTTLING COMPANY and Squirt-Vernors of Buffalo, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided March 25, 1969.

Attorney(s) appearing for the Case

Victor C. Silverstein, Buffalo, N. Y., for petitioner.

Vivian Asplund, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The National Labor Relations Board has adopted a "rule against relitigation" which has the effect of denying to a litigant in an unfair labor practice action review by the Board of decisions made by a regional director in a prior representation proceeding, even if that prior decision is at the very heart of the unfair labor practice dispute. See 29 C.F.R. § 102.67. We find the Board's action pursuant to that rule unjustified...

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