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LACLEDE GAS COMPANY v. N. L. R. B.

No. 19518.

421 F.2d 610 (1970)

LACLEDE GAS COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Local 5-6, Oil, Chemical and Atomic Workers International Union, AFL-CIO, Intervenor.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied and Rehearing Denied March 30, 1970.

Attorney(s) appearing for the Case

Harold I. Elbert, of Susman, Willer, Rimmel & Elbert, St. Louis, Mo., for petitioner.

Hans J. Lehmann, Atty., N.L.R.B., Washington, D. C., for respondent; Arnold Ordman, Gen. Counsel, N.L.R.B., Dominick L. Manoli, Associate Gen. Counsel, N.L.R.B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B. and John D. Burgoyne, Atty., N.L.R.B. on the brief.

Charles A. Werner, St. Louis, Mo., for intervenor Local 5-6, Oil, Chemical and Atomic Workers International Union, AFL-CIO.

Before VAN OOSTERHOUT, Chief Judge, and LAY and HEANEY, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied March 30, 1970.

HEANEY, Circuit Judge.

The National Labor Relations Board, in a decision and order reported at 173 NLRB No. 35, 69 LRRM 1316 (1968), found that Laclede Gas Company's failure to bargain with the Union regarding deviation from existing seniority practices in reducing its work force constituted an unfair labor practice under § 8(a) (5) of the National Labor Relations Act, 29 U.S.C. § 158...

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