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TEMPLETON v. DIXIE COLOR PRINTING CO.

No. 29921.

444 F.2d 1064 (1971)

Neil TEMPLETON et al., Plaintiffs-Appellees, v. DIXIE COLOR PRINTING CO., Inc., et al., Defendants, and National Labor Relations Board, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied July 28, 1971.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Glen M. Bendixsen, Chief, Special Litigation, N. L. R. B., Washington, D. C., Constangy & Powell, J. R. Goldthwaite, Jr., Atlanta, Ga., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Ian D. Lanoff, Atty., N. L. R. B., for intervenor-appellant.

Robert McD. Smith, C. A. Powell, III, Birmingham, Ala., for plaintiffs-appellees; Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel.

Before CLARK, Associate Justice, and GEWIN and RONEY, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied July 28, 1971.

CLARK, Associate Justice:

The narrow question here is whether a United States District Court has jurisdiction to order the National Labor Relations Board to hold a representation election on a concededly valid employee decertification petition which it has held in abeyance for over three years on the ground that to grant the petition would collide with its general policy known as the "blocking charge...

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