N. L. R. B. v. PACKAGE MACHINERY COMPANY

No. 71-1344.

457 F.2d 936 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, Appellant, v. PACKAGE MACHINERY COMPANY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 30, 1972.


Attorney(s) appearing for the Case

Robert A. Giannasi, Atty., Washington, D.C., with whom Peter G. Nash, Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, were on brief, for petitioner.

Jerome N. Weinstein with whom Herrick, Smith, Donald, Farley & Ketchum, Michael R. Brown, Walter E. Graham, and Peter L. Resnick, Boston, Mass., were on brief, for respondent.

Benjamin Werne, New York City, Norman D. Alvy, Hempstead, N. Y. and Naomi Werne, Jamaica, N. Y., on brief for The National Automatic Merchandising Assn., amicus curiae.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

A union1 representing the employees of respondent Package Machinery Company sought to bargain with the company over the prices to be charged in the cafeteria and food vending machines. This demand was made when the company notified the union that prices were to be advanced; e.g., coffee and soda from 10¢ to 15¢; milk to be in smaller containers. The restaurant and vending machines are, so to speak...

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