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REF-CHEM COMPANY v. N. L. R. B.

Nos. 25837, 25981, 25990.

418 F.2d 127 (1969)

REF-CHEM COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EL PASO PRODUCTS CO., Respondent. EL PASO PRODUCTS COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

November 4, 1969.

Attorney(s) appearing for the Case

John Edward Price, John B. Nelson, Fort Worth, Tex., for Ref-Chem Co.

Marcel Mallet-Prevost, Asst. Gen. Counsel, William H. Carder, Atty., N.L. R.B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Glen M. Bendixsen, Attys., N.L.R.B., for National Labor Relations Board.

Charles J. Morris, Dallas, Tex., for intervenor, Intl. Assn. of Heat & Frost Insul. & Asbestos Workers, Local 66, AFL-CIO.

John B. Mason, Odessa, Tex., William D. Deakins, Jr., Ross N. Sterling, Charles L. Berry, Houston, Tex., for El Paso Products Co.; Vinson, Elkins, Searls & Connally, Houston, Tex., of counsel.

Before AINSWORTH and GODBOLD, Circuit Judges, and DAWKINS, District Judge.

GODBOLD, Circuit Judge:

The Board found that Ref-Chem Company and El Paso Products Company, as joint employers, violated § 8(a) (5) and (1) of the Act by refusing to recognize and bargain with the union and by unilaterally changing wage rates. Enforcement of the Board order must be denied.

The plant of El Paso is located at a common situs with other plants in the area of Odessa, Texas, known as the Odessa complex. In 1961 insulation maintenance work

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