LOCAL UNION NO. 300, AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, et al., Plaintiffs-Appellants,
v.
Frank W. McCULLOCH, Etc., et al., Defendants-Appellees,
South Coast Corporations et al., Intervenors-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 19, 1970.
June 19, 1970.
Attorney(s) appearing for the Case
Richard B. Sobol, Washington, D. C., James E. Youngdahl, Little Rock, Ark., Alexander H. Schullman, Beverly Hills, Cal., Robert Collins, Collins, Douglas & Elie, New Orleans, La., for plaintiffs-appellants.
Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Charles M. Paschal, Jr., Regional Atty., N.L.R.B., Lawrence J. Molony, Fred Kullman, Jr., Michael Molony, New Orleans, La., Theophil C. Kammholz, Chicago, Ill., Paul G. Borron, Jr., Plaquemine, La., for appellees.
Before JOHN R. BROWN, Chief Judge and THORNBERRY and MORGAN, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JOHN R. BROWN, Chief Judge:
The exclusion of farm workers from coverage under the NLRA, 29 U.S.C.A. § 151 et seq., is challenged here by the plaintiff Union. The challenge is both statutory and constitutional. The arguments are twofold. First, that workers, such as those who are members of this Union, who work on a permanent basis on large mechanized farms are not "agricultural laborers" within the meaning of the Act...
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