ARTHUR L. MORGAN UNION, LOCAL NO. 3 v. N. L. R. B.

No. 71-1102.

463 F.2d 818 (1972)

ARTHUR L. MORGAN UNION, LOCAL NO. 3, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, American Beef Packers, Inc., Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local Union No. 641, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 1972.


Attorney(s) appearing for the Case

Mr. George G. West, Des Moines, Iowa, for petitioner.

Mr. Michael S. Winer, Atty., N.L.R.B., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Messrs. Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., were on the brief, for respondent.

Mr. Charles E. Sykes, Memphis, Tenn., with whom Mr. William A. Harding, Lincoln, Neb., was on the brief, for intervenor American Beef Packers, Inc.

Mr. Irving M. King, Chicago, Ill., with whom Messrs. Eugene Cotton and Richard F. Watt, Chicago, Ill., were on the brief, for intervenor Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local Union No. 641.

Before BAZELON, Chief Judge, and TAMM, Circuit Judge, and MATTHEWS, U. S. Senior District Judge for the District of Columbia.


MATTHEWS, Senior District Judge:

In a petition filed by Arthur L. Morgan Union, Local No. 3 (hereafter Morgan Union), we are asked to review an order1 of the National Labor Relations Board dismissing a complaint charging American Beef Packers, Inc. (hereafter referred to as the Corporation) with violations of the National Labor Relations Act.2 The Trial Examiner held that the Corporation violated § 8(a...

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