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LOCAL 155 OF INTERNAT'L MOLDERS & ALLIED WKRS. U. v. N. L. R. B.

Nos. 23788, 23827.

442 F.2d 742 (1971)

LOCAL 155 OF the INTERNATIONAL MOLDERS AND ALLIED WORKERS UNION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United States Pipe and Foundry Co., Intervenor. UNITED STATES PIPE AND FOUNDRY COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 1971.

Attorney(s) appearing for the Case

Messrs. John J. Coleman, Jr., and Allen Poppleton, Birmingham, Ala., for petitioner in No. 23,827 and intervenor in No. 23,788.

Mr. Charles Donahue, Washington, D. C., with whom Messrs. Anthony F. Cafferky and Donald M. Murtha, Washington, D.C., were on the brief, submitted on the brief for petitioner in No. 23,788.

Mr. David E. Rosenbaum, Atty., National Labor Relations Board, of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of Court, with whom Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Mrs. Nancy M. Sherman, Atty., National Labor Relations Board, were on the brief, for respondent. Mr. Paul J. Spielberg, Atty., National Labor Relations Board, also entered an appearance for respondent.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and TAMM, Circuit Judge.

FAHY, Senior Circuit Judge:

These two cases, which have been consolidated on this appeal, arise from the same factual situation. The employer, United States Pipe and Foundry Company, a New Jersey corporation, manufactures and sells soil pipe and related metal products at its plant in Chattanooga, Tennessee. The Union has had collective bargaining agreements since 1938 with the Company and its predecessors. When this case arose before the Board the Union represented...

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