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N. L. R. B. v. DIT-MCO INCORPORATED

No. 19794.

428 F.2d 775 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DIT-MCO INCORPORATED, Xebec Corporation, Xebec Corporation DIT-MCO Electronics Division, Brooks Research, Inc., a Subsidiary of Xebee Corporation, Brooks Research and Manufacturing Company, a Subsidiary of Xebec Corporation, Respondents.

United States Court of Appeals, Eighth Circuit.

June 30, 1970.

Attorney(s) appearing for the Case

Sanford H. Fisher, Atty., N.L.R.B., for petitioner; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Abigail Cooley Baskir, Atty., N.L.R.B., were on the brief and reply brief.

Dick H. Woods, of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., for respondents; Earl J. Engle, and Stephen P. Dees, Kansas City, Mo., on the brief.

Before MEHAFFY, HEANEY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

The employer, now operating as Brooks Research and Manufacturing, Inc., a subsidiary of Xebec Corporation, admits refusing to recognize or bargain with the Union (U.A.W., AFL-CIO, Local 710). The Board determined that the employer had violated § 8(a) (5) and (1) of the National Labor Relations Act (29 U.S.C. § 158(a) (5) (1)) by this recalcitrance. The employer seeks to justify its action on the basis that the Union does not lawfully...

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