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NATIONAL LABOR RELATIONS BOARD v. PROGRESS BULLETIN PUBLISHING COMPANY

Nos. 71-1049, 71-1096.

443 F.2d 1369 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Los Angeles Newspaper Web Pressmen's Union No. 18, International Printing Pressmen & Assistants Union of North America, AFL-CIO, Intervenor, v. PROGRESS BULLETIN PUBLISHING COMPANY, d/b/a Pomona Progress Bulletin, Respondent. PROGRESS BULLETIN PUBLISHING COMPANY, d/b/a Pomona Progress Bulletin, Cross-Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Cross-Respondent.

United States Court of Appeals, Ninth Circuit.

July 20, 1971.

Attorney(s) appearing for the Case

Michael Messitte (argued), Atty., for NLRB, John D. Burgoyne, Atty., for N. L. R. B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Ralph E. Kennedy, Director, Region 21, N. L. R. B., Los Angeles, Cal., for N. L. R. B.

Roy E. Potts (argued), George P. Parker, Jr., of Kindel & Anderson, Lester G. Ostrov, of Bodle, Fogel, Julber & Reinhardt, Los Angeles, Cal., for intervenor.

Roy E. Potts (argued), George P. Parker, Jr., of Kindel & Anderson, Los Angeles, Cal., for cross-petitioner.

Before CHAMBERS and ELY, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

Judge Ely would enforce the board's order on the basis of the board's opinion reported at 182 N.L.R.B. No. 135.

Judge Chambers is of the view that the board is right except he believes it would not serve the purposes of the act to require the payment at this time of 1968 Christmas bonuses in the neighborhood of two thousand dollars in all.

Judge Taylor agrees with the minority board opinion that the issue should have been arbitrated.

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