TEAMSTERS LOCAL UNION NO. 328 v. N. L. R. B

Nos. 21913, 21977.

419 F.2d 688 (1969)

TEAMSTERS LOCAL UNION NO. 328, Affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Wittock Supply Company, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WITTOCK SUPPLY COMPANY, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided November 6, 1969.


Attorney(s) appearing for the Case

Mr. Gerry M. Miller, Milwaukee, Wis., of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of court, with whom Mr. David Leo Uelmen, Milwaukee, Wis., was on the brief, for petitioner in No. 21,913. Mr. Herbert S. Thatcher, Washington, D. C., also entered an appearance for the petitioner in No. 21,913.

Mr. Robert E. Williams, Attorney, National Labor Relations Board, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief for intervenor in No. 21,913 and respondent in No. 21,977. Mr. John Luis Antonio De Passalacqua, Attorney, Office of General Counsel, National Labor Relations Board, also entered an appearance for respondent in No. 21,977.

Mr. Russ R. Mueller, Milwaukee, Wis., for intervenor in No. 21,913 and respondent in No. 21,977. Mr. Walter S. Davis, Milwaukee, Wis., was on the brief for intervenor in No. 21,913 and respondent in No. 21,977.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.


PER CURIAM:

These review proceedings under the National Labor Relations Act are before us on the Union's petition for modification of the Board's order and on the Board's application for its enforcement. The employer challenges the Board's findings of violations of Section 8(a) (1), (3), and (5) of the Act and its resultant bargaining and "make-whole" order. The Union seeks (1) a finding of an 8(a) (1) violation by reason of the employer's alleged treatment of the...

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