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CANADA DRY CORPORATION v. N. L. R. B.

Nos. 19497, 19559.

421 F.2d 907 (1970)

CANADA DRY CORPORATION, Detroit Coca-Cola Bottling Company, Faygo Beverages, Inc., Pepsi-Cola Metropolitan Bottling Company, Inc., Seven-Up Bottling Company of Detroit, The Squirt-Detroit Bottling Co., Vernors, Inc.; and Wyandotte Coca-Cola Bottling Co., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Retail Store Employees Union, Local No. 876, Retail Clerks International Association, AFL-CIO, Intervenor. The INDEPENDENT BISCUIT COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Retail Store Employees Union, Local No. 876, Retail Clerks International Association, AFL-CIO, Intervenor.

United States Court of Appeals, Sixth Circuit.

February 25, 1970.

Attorney(s) appearing for the Case

Earl R. Boonstra, Detroit, Mich., for petitioners Canada Dry Corp. and others. Timothy K. Carroll, Dykema, Wheat, Spencer, Goodnow & Trigg, Detroit, Mich., on the brief.

Robert E. Williams, National Labor Relations Board, Washington, D. C., for respondent; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Eugene B. Granof, Atty., National Labor Relations Board, Washington, D. C., on brief.

Theodore Sachs, Detroit, Mich., for intervenor Local No. 876; Rothe, Marston, Mazey, Sachs & O'Connell, Detroit, Mich., on the brief.

Before PHILLIPS, Chief Judge, and WEICK and COMBS, Circuit Judges.

COMBS, Circuit Judge.

This case is before us on petitions to review and set aside an order of the National Labor Relations Board. 174 N.L. R.B. No. 67. The Board held that Local 876 of the International Association of Retail Clerks and certain retail food chains had not violated Section 8(e) of the National Labor Relations Act, 29 U.S.C. § 158, by including in their collective bargaining agreement a provision prohibiting...

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