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LEE A. CONSAUL CO., INC. v. NATIONAL LABOR RELATIONS BOARD

No. 71-2520.

469 F.2d 84 (1972)

LEE A. CONSAUL CO., INC., et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

October 24, 1972.

Attorney(s) appearing for the Case

Harold H. Brown (argued), George C. Lyon, of Haight, Lyon & Smith, Los Angeles, Cal., John B. Wisely, Jr., Yuma, Ariz., Victor J. Van Bourg, of Levy, Deroy, Geffner & Van Bourg, San Francisco, Cal., for petitioners.

Joseph E. Mayer, Atty. (argued), Stephen J. Solomon, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, Peter G. Nash, Gen. Counsel, NLRB, Washington, D. C., for respondent.

Before BARNES and WALLACE, Circuit Judges, and ENRIGHT, District Judge.

PER CURIAM:

Without going into factual detail, we conclude that we must deny the order for enforcement, set aside the two orders and decisions, and remand with instructions to dismiss the proceedings against petitioners.

In June, 1965, petitioners, as employers of melon packers, fired a group of workers who had gone on strike. The Board concluded the strike was a protected concerted activity. We disagree, finding it was a five day wildcat strike, viewed as...

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