EMERALD MAINTENANCE, INC. v. N. L. R. B.

Nos. 71-1402, 71-1591.

464 F.2d 698 (1972)

EMERALD MAINTENANCE, INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner. PUBLIC SERVICE, PRODUCTION AND MAINTENANCE EMPLOYEES LOCAL UNION NO. 1057, Affiliated with The Laborers' International Union of North America, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

June 19, 1972.


Attorney(s) appearing for the Case

John M. Bee, New Orleans, La., Frank S. Manitzas, San Antonio, Tex., Glenn E. Bandelin, Sandpoint, Idaho, for petitioner, Emerald Maintenance, Inc.; Clemens, Knight, Weiss & Spencer, San Antonio, Tex., Bandelin & Swanstrom, Sandpoint, Idaho, of counsel.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Clifford Potter, Director, Region 23, N. L. R. B., Houston, Tex., Nancy M. Sherman, N. L. R. B., Washington, D. C., Eugene G. Goslee, Acting Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Ronald I. Tish, Atty., N.L.R.B., for respondent.

Jules Bernstein, Washington, D. C., Marvin Menaker, Dallas, Tex., Robert J. Connerton, Arthur M. Schiller, Washington, D. C., for petitioner-intervenor Union.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


WISDOM, Circuit Judge:

This case was argued and submitted to us before the Supreme Court handed down its decision in NLRB v. Burns International Security Services, Inc., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972). Burns disposes of the most troublesome issues in the present case. We see no error in the Board's disposition of the issues not disposed of by Burns. The net...

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