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AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN v. N. L. R. B.

No. 22393.

420 F.2d 148 (1969)

AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, and Food Handlers Local 425, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided October 17, 1969.

As Amended December 2, 1969.

Attorney(s) appearing for the Case

Mr. Charles Orlove, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Mozart G. Ratner, Washington, D.C., and Albert Gore, Chicago, Ill., were on the brief, for petitioners. Miss Judith A. Lonnquist, Chicago, Ill., also entered an appearance for petitioners.

Mr. Elliott Moore, Attorney, National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief, for respondent.

Before WRIGHT, McGOWAN and LEVENTHAL, Circuit Judges.

PER CURIAM:

In this statutory review proceeding under the National Labor Relations Act, 29 U.S.C. § 151 et seq., the principal issue was whether an increase in the base rate of pay on June 6, 1966, was made unilaterally by the employer under circumstances constituting a violation of Section 8(a) (5). The Trial Examiner found from conflicting testimony that the increase was consented to by a union official having apparent authority to do so; and the Board...

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