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INLAND TRUCKING CO. v. N. L. R. B.

No. 18048.

440 F.2d 562 (1971)

INLAND TRUCKING CO. and Wesley Meilahn, co-partners, d/b/a Oshkosh Ready-Mix Co.; Cook & Brown Lime Co.; Inland Trucking Co.; and Wesley Meilahn, co-partners d/b/a Waupun Ready Mix, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and General Teamsters Warehouse and Dairy Employees, Local Union No. 126, Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Seventh Circuit.

March 29, 1971.

Attorney(s) appearing for the Case

Russ R. Mueller, Milwaukee, Wis., for petitioners.

Alan M. Levy, Milwaukee, Wis., for intervenor; Goldberg, Previant & Uelmen, Milwaukee, Wis., of counsel.

Marcel Mallet Prevost, Asst. Gen. Counsel, Paul J. Spielberg, Atty., N.L.R. B., Washington, D.C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, for respondent.

Before KNOCH, Senior Circuit Judge, KILEY and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

The N.L.R.B. found that the petitioning employers committed § 8(a) (1) and § 8(a) (3) unfair labor practices by locking out their employees, while continuing to operate by hiring temporary substitutes. Petitioners took this action upon the expiration of collective bargaining agreements, the negotiation of new agreements having allegedly reached an impasse. The record does not suggest that a strike was then imminent, although there...

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