McCALL CORPORATION, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 6, 1970.
Decided September 17, 1970.
Attorney(s) appearing for the Case
Francis X. Lee, Dayton, Ohio (John O. Henry and Estabrook, Finn & McKee, Dayton, Ohio, Robert H. Patterson, Jr., and McGuire, Woods & Battle, Richmond, Va., Philip R. Becker and Cowden, Pfarrer, Crew & Becker, and John Heron, Dayton, Ohio, on brief (for petitioner.
Glen M. Bendixsen, Atty., N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Michael S. Winer, Atty., N.L. R.B., on brief), for respondent.
Benjamin Werne, New York City, for National Automatic Merchandising Assn. as amicus curiae.
Before SOBELOFF, BOREMAN and BUTZNER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
In Westinghouse Electric Corp. v. NLRB, 387 F.2d 542 (4th Cir. 1967), this court, sitting en banc, declined to enforce an order of the National Labor Relations Board requiring an employer to bargain over the prices of food served by an independent contractor in the company's cafeterias. We held, with two judges dissenting, that under the circumstances of the case the cafeteria prices were not "conditions of employment...
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