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N. L. R. B. v. UNITED SHOE MACHINERY CORPORATION

No. 7301.

445 F.2d 633 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED SHOE MACHINERY CORPORATION, Respondent, and Local 271, United Electrical, Radio and Machine Workers of America (UE), Intervenor.

United States Court of Appeals, First Circuit.

June 25, 1971.

Attorney(s) appearing for the Case

Glen M. Bendixsen, Atty., Washington, D. C., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Alice Andrews, Atty., Washington, D. C., were on brief, for petitioner.

William F. Joy, Boston, Mass., with whom Kevin B. Callanan and Morgan, Brown, Kearns & Joy, Boston, Mass., were on brief, for respondent.

Robert Z. Lewis and Frank J. Donner, New York City, on brief for Local 271, United Electrical, Radio and Machine Workers of America (UE), intervenor.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Respondent employer, United Shoe Machinery Corporation, in order to test the establishment of what it believed to be an improper bargaining unit of its so-called technical employees as determined by the National Labor Relations Board regional director, refused to bargain and faced a section 8(a) (1) and (5) charge. The Board upheld the director, and ordered respondent to bargain and to post the customary notices. 173 N.L.R.B. No. 122 (1968)....

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